Murder & Manslaughter

Homicide

Murder

Manslaughter

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Murder

Murder is the most serious crime in Minnesota and its charges are divided into three degrees reflecting the severity of the defendant’s alleged actions. All three charges are felonies and carry with them significant, life-changing consequences.

First-Degree Murder (or Murder in the First Degree)

First-Degree Murder under Minn. Stat. § 609.185 may only be charged by grand jury. As opposed to a county attorney reviewing evidence and issuing a “complaint” against an individual, the county attorney’s office must assemble a grand jury in the county where the crime was alleged to have taken place. Without defense counsel present, the county attorney presents evidence to the grand jury, hoping for the grand jury to return a bill of indictment. If the grand jury returns a bill of indictment, finding sufficient proof of guilt based on the prosecutor’s evidence, the defendant may be charged with first-degree murder. If the grand jury does not find sufficient evidence, however, the grand jury would return a “no bill” and first-degree murder charges could not issue.

If a person is charged and convicted of murder in the first degree, they face a mandatory term of life imprisonment, without the possibility in release. Although Minnesota does not operate under a formal parole system, this penalty is similar to life without parole.

Under Minnesota law, a first-degree murder charge can be based on:

• Causing the death of another human being with intent and with premeditation;

• Causing the death of another human being while committing or attempting to commit first- or second-degree criminal sexual conduct with force or violence;

• Causing the death of another human being, with intent, while committing or attempting to commit burglary, aggravated robbery, kidnapping, first- or second-degree arson, drive-by-shooting, first-degree witness tampering, escape from custody, or any felony drug crime involving the sale of a controlled substance;

• Intentionally causing the death of a police officer, prosecuting attorney, judge, prison guard, or jail guard while they are engaged in the performance of official duties;

• Causing the death of a minor while committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon a child and the death occurs under circumstances manifesting an extreme indifference to human life;

• Causing the death of another human being while committing domestic abuse, when the perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another family or household member and the death occurs under circumstances manifesting an extreme indifference to human life; or

• Causing the death of a human being while committing, conspiring to commit, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life.

Second-Degree Murder (or Murder in the Second Degree)

Second-Degree Murder is codified at Minn. Stat. § 609.19 and includes both intentional and unintentional murders. Unlike first-degree murder, second-degree murder may be charged without a grand jury indictment, and while the maximum penalty is less than life without the possibility of release, a conviction still carries a statutory maximum of 40 years in prison. For many, a 40-year prison sentence is the equivalent of a death sentence.

In Minnesota, the following may result in second-degree murder charges:

• Causing the death of another human being with intent but without premeditation.

• Causing the death of another human being while committing or attempting to commit a drive-by shooting when the person recklessly discharges a firearm at a person, a motor vehicle, or a building.

• Causing the death of another human being without intent to effect the death of any person, while committing or attempting to commit a felony offense other than first- or second-degree criminal sexual conduct with force or violence, or a drive-by shooting.

• Causing the death of another human being without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection and the victim is a person designated to receive protection under the order.

Third-Degree Murder (or Murder in the Third Degree)

Third-Degree Murder is codified at Minn. Stat. § 609.195 and criminalizes acts that result in another person’s death, but where the defendant did not specifically intend to cause death. If a person is convicted, the maximum punishment is up to 25 years in prison. In Minnesota, the following may result in a third-degree murder charge:

• Causing the death of another person by perpetrating an act eminently dangerous to others while evincing a depraved mind, without regard for human life.

• Causing the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II.

Manslaughter

Manslaughter is the unlawful killing of another human being that doesn’t necessarily involve “malice aforethought” or intent to seriously harm or kill, or extreme reckless disregard for human life. Often, manslaughter is defined in terms of crimes of passion or a person’s negligence. Although less severe than a murder charge, manslaughter charges are still incredibly serious felony charges that, if handled improperly, will carry significant prison sentences upon conviction. As with Murder, there are varying degrees of manslaughter in Minnesota, intended to reflect differing levels of severity.

First-Degree Manslaughter (or Manslaughter in the First Degree)

First-degree manslaughter charges are codified at Minn. Stat. § 609.20. Charges for first-degree manslaughter are often dubbed heat-of-passion manslaughter because they reflect allegations where a person kills another human being while acting in the heat of passion. The maximum sentence for a first-degree manslaughter is imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both. In Minnesota, the following actions—if proven—constitute first-degree manslaughter:

• Intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation;

• Commits fifth-degree assault, and causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby;

• Intentionally causes the death of another person because the actor is coerced by threats made by someone other than the actor's coconspirator and which cause the actor reasonably to believe that the act performed by the actor is the only means of preventing imminent death to the actor or another;

• Proximately causes the death of another, without intent to cause death by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule III, IV, or V; or

• Causes the death of another in committing or attempting to commit malicious punishment of a child, and murder in the first, second, or third degree is not committed thereby.

A "person of ordinary self-control,” referenced above, does not include a person under the influence of intoxicants or a controlled substance.

Second-Degree Manslaughter (or Manslaughter in the Second Degree)

Second-degree manslaughter charges, which are codified at Minn. Stat. § 609.205, reflect allegations that a person caused the death of another person while acting recklessly—where a person knowingly or consciously takes a risk that results in the death of another human being. The maximum sentence for a second-degree manslaughter conviction is imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both. In Minnesota, the following actions—if proven—constitute second-degree murder:

• Causing the death of another by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or

• Causing the death of another by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or

• Causing the death of another by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or

• Causing the death of another by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or

• Causing the death of another by committing or attempting to commit neglect or endangerment of a child, and murder in the first, second, or third degree is not committed as a result of the neglect or endangerment.

Our Firm Can Help

Wilson & Clas has experience in both defending homicide charges and appealing homicide convictions throughout Minnesota. Homicide charges are too serious to allow just anyone to handle the case. Call the firm at 612-910-2104 for a free consultation with an experienced homicide attorney in Minnesota, or click here.