Taking the life of another person is arguably the most serious criminal act imaginable, but like any crime, there are varying degrees to the act. In fact, Minnesota has five different ways to charge someone for taking the life of another individual. In today’s blog, we spotlight the five different charges you can face if you end up killing another person in Minnesota.
Three Degrees Of Murder
Let’s start by taking a look at the three degrees of murder in Minnesota:
First Degree Murder – The most severe of the three degrees is First Degree murder. You can be charged with murder in the first degree if the act involves any of the following aggravating factors:
- Premeditation
- During or after an act of sexual assault
- During or after an act of burglary
- During or after an act of aggravated robbery
- During or after an act of arson
- During or after an act of terrorism
- As a result of the illegal sale of a controlled substance
Murder in the first degree is punishable by up to life in prison. Minnesota does not have the death penalty.
Second Degree Murder – A second degree murder charge is typically reserved for instances where an individual intentionally kills another individual without planning or premeditation. You are fully aware that your actions can result in the death of another individual, but you still move forward with those actions. For example, let’s say that two neighbors, Bob and Tom, are constantly bickering with one another until one day, fed up with Bob’s barking dog, Tom grabs a shotgun, knocks on Bob’s door and shoots him dead when he answers. This would be considered second-degree murder, as Tom was of sound mind and capable of realizing what his actions could result in. He could face up to 40 years in jail if convicted.
Third Degree Murder – Murder in the third degree is reserved for individuals who cause a death without intent but with actions that encompass no regard for human life. For example, if you fired a gun into a crowd of people, or you knowingly sold drugs laced with fentanyl and your buyer died after taking the drugs, you can be hit with a third degree murder charge. This charge is punishable by up to 25 years in prison.
Manslaughter
Manslaughter charges are a step down from murder, but they can still carry significant penalties. Manslaughter charges can be divided into two different categories, voluntary and involuntary.
Voluntary Manslaughter – Voluntary manslaughter occurs when a killing is committed due to an emotional response where the individual cannot think clearly due to stress or provocation. Oftentimes referred to as a crime of passion, this may be reserved for an individual who catches their spouse in bed with another individual and shoots them both. They voluntarily killed two people, but they were not thinking clearly due to the emotional response of the moment. This is punishable by up to 15 years in jail.
Involuntary Manslaughter – Involuntary manslaughter is the final charge we’ll look at, and it involves the taking of another person’s life as a result of negligence. For example, if you drove drunk and crashed your car, killing a passenger, you can be charged with involuntary manslaughter. If you have an aggressive dog and it escapes your backyard and it kills the elderly lady next door, you could face involuntary manslaughter charges. Your negligence directly contributed to the death of another person, even if you didn’t mean to hurt anyone, and therefore you can be charged with involuntary manslaughter, punishable by up to 10 years in prison.
For more information about any of these charges, or for help with a less serious criminal matter, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
