Skip to main content

Is a third degree burglary a felony even if I was only sentenced to 365 days of Jail? (Not prison)

Buffalo, MN |
Attorney answers 5


Burglary in the third degree is a felony offense. If you pled to the charge and were sentenced as a gross misdemeanor, then your conviction level would be gross misdemeanor. If you received a stay of adjudication, then this could mean your conviction may be dismissed. There is not enough information in your post to tell. You should speak to your lawyer if you have questions.


It's going to be helpful at this juncture if you privately call or email a lawyer. Most of us will answer questions for free. If you were given a stay of adjudication, that means so long as you fulfill the conditions of your probation, the matter is dismissed upon the expiration of your probation. There is no conviction whatsoever so long as you do no violate probation. In contrast, a stay of imposition means that a felony conviction is made, but a felony sentence is not imposed, but stayed, for the duration of your probation. Upon successful completion and expiration of probation, the matter is certified as a misdemeanor conviction. You remain a convicted felon DURING probation, but not if probation is successfully completed.

By simply contacting an attorney and giving them the court file number, they should be able to tell you exactly what you're circumstance is. DO NOT give that file number here. Email or call an attorney privately.


With all respect, this is the second post you made using the word judication, which doesn't make sense. If the court stayed execution or imposition of sentence, and had you serve 365 days in the local jail, that is a felony conviction, not gross misdemeanor. If the court stayed adjudication, then there is no conviction at all.

Do not rely on this information. My office accepts clients from Avvo, but this initial impression is not protected by any privilege and is not attorney-client communication. You should consult a lawyer promptly about your legal matter.


Your case would have to be reviewed to see what happened at sentencing. Although a third degree burglary is a felony, if sentenced as a gross misdemeanor, where the greatest possible penalty is one year in jail, it is considered a gross misdemeanor under statute.

Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter.


This appears to be a duplicative nature post. You should confer with an attorney to clarify your issues. I suggest you turn to the attorney who represented you.

MINNEAPOLIS/ST. PAUL/ST CLOUD/OUTLYING METRO. Do seek legal counsel for your personal legal issues and needs. This post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation.