Subdivision 1.Lesser offense prosecution.

Upon prosecution for a crime, the actor may be convicted of either the crime charged or an included offense, but not both. An included offense may be any of the following:

Attorney's Note

Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Misdemeanorup to 90 daysup to $1,000
Petty misdemeanorup to $300
For details, see § 609.02 and
criminal case

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Terms Used In Minnesota Statutes 609.04

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Conviction: A judgement of guilt against a criminal defendant.

(1) a lesser degree of the same crime; or

(2) an attempt to commit the crime charged; or

(3) an attempt to commit a lesser degree of the same crime; or

(4) a crime necessarily proved if the crime charged were proved; or

(5) a petty misdemeanor necessarily proved if the misdemeanor charge were proved.

Subd. 2.Conviction; bar to prosecution.

A conviction or acquittal of a crime is a bar to further prosecution of any included offense, or other degree of the same crime.