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Murder

Murder

Murder is the most serious crime in Minnesota and in all other states and countries. In Minnesota, the crime of murder is divided into three degrees, First Degree Murder, Second Degree Murder, and Third Degree Murder. While all three degrees are felonies, the potential punishments can vary greatly depending on the degree charged. The attorneys at Lundgren & Johnson have personally represented murder defendants in several urban and rural Minnesota counties.

  • First Degree (Minnesota Statutes Section 609.185)
  • Second Degree (Minnesota Statutes Section 609.19)
  • Third Degree (Minnesota Statutes Section 609.195)

FIRST DEGREE MURDER

First Degree Murder is unique in that it is a crime that is only chargeable by grand jury. This means that a county attorney’s office must assemble a grand jury in the county where the crime was allegedly committed and present evidence to the grand jury. A prosecutor alone cannot charge a person with First Degree Murder.

At the close of evidence before a grand jury, the grand jury with either return a bill of indictment or refuse to return a bill of indictment (the latter is called a “no bill”). If the grand jury returns a bill of indictment, the defendant is charged with First Degree Murder. If convicted, the defendant will face a mandatory term of imprisonment for life without the possibility of release. In Minnesota, the following acts constitute First Degree Murder.

  • Causing the death of a human being with intent and with premeditation.
  • Causing the death of a human being while committing or attempting to commit First or Second Degree Criminal Sexual Conduct with force or violence.
  • Causing the death of a 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 a 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.
  • 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.

If a person is convicted of any of the above crimes of First Degree Murder, the laws of Minnesota require that the person be sentenced to a term of imprisonment for the remainder of the person’s life without the possibility of release (formerly called “life without parole”).

SECOND DEGREE MURDER

The crime of Second Degree Murder includes intentional murder and unintentional murder. Unlike First Degree Murder, a charge can be made where a defendant has taken the life of another intentionally but without premeditation. To do an act intentionally, all that needs to be shown is that the defendant intended to accomplish the act that is alleged to have occurred. This can be something as quick as the mental process necessary to pull a trigger. In Minnesota, the following acts constitute Second Degree Murder.

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

If a person is convicted of Second Degree Murder, the maximum punishment is up to 40 years in prison. Keep in mind that the Minnesota Sentencing Guidelines will apply in instructing the appropriate sentence.

THIRD DEGREE MURDER

The crime of Third Degree Murder is restricted to certain acts that result in death to a human being where the defendant did not specifically intend to cause death. In Minnesota, the following acts constitute Third Degree Murder.

  • Causing the death of another 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. This includes, but is not limited to heroin, cocaine, methamphetamine, and other common drugs.

As you can see, a person may be charged with Third Degree Murder if they sell a controlled substance to a person and that person dies as a result of ingesting the controlled substance. If a person is convicted, the maximum punishment is up to 25 years in prison. Keep in mind that the Minnesota Sentencing Guidelines will apply in instructing the appropriate sentence.

Our firm has witnessed an increase in the number of prosecutions for Third Degree Murder under Minnesota Statutes Section 609.195. Many counties are aggressively prosecuting these kinds of cases. If you or someone you know is in need of our assistance to defend against Third Degree Murder charges, please feel free to contact us any time.

IF YOU ARE FACING THE VERY SERIOUS CRIME OF MURDER, DO NOT HESITATE TO CONTACT US. WE HAVE EXTENSIVE EXPERIENCE IN DEFENDING DIFFICULT CASES. RELY ON US AND OUR TEAM OF INVESTIGATORS TO STAND UP AND FIGHT FOR YOU.