Minnesota recently changed the conditions that need to be met in order for an accomplice to be charged with aiding and abetting murder. This change meant that many individuals who had previously been convicted under the old law may be eligible to have their conviction thrown out or reassessed. Below, we take a closer look at the law change and the impact it has had on felons who have tried to be resentenced under the new law.
Major Participant To Murder
Under the old law, a person could be charged with aiding and abetting murder if they were a party to a crime that led to the death of another individual. For example, a getaway driver for a gas station robbery would face aiding and abetting murder charges even if they never stepped foot in the gas station while an accomplice went in and murdered a clerk during the commission of a robbery.
The changes to the law attempt to ensure only what the state views as a “major participant” in a crime ends up facing murder or murder-related charges. Under the updated law, offenders can only be charged with aiding and abetting murder if they:
- Use a deadly weapon.
- Cause substantial bodily harm.
- Hire a killer or someone directly involved in the homicide.
- Impede another person from preventing a death.
The change can be retroactively applied to previous cases in Minnesota, meaning that some individuals may be able to be resentenced because their role in a crime that resulted in a murder did not meet the new standard for aiding and abetting. If you’re interested in learning more, we already covered one of those cases on the blog.
So just how many convicted criminals have been impacted by the law change? Since the change went into effect earlier this year, 11 offenders have had their original sentences vacated under the new law. Other findings from the data show:
- 165 offenders have filed preliminary petitions to have their conviction vacated.
- 86 petitions have been rejected outright.
- 20 petitions require additional scrutiny and legal arguments to see if the petition holds merit.
Proponents say that the change ensures that those who had the most culpability in a person’s death receive the harshest punishments for their actions, while opponents of the change say that it has opened up old wounds for the families of victims. Currently, Scott County is challenging the constitutionality of the new law with the Court of Appeals, while many defense lawyers are working diligently to help petitioners have their case reconsidered if they could potentially be eligible for resentencing.
If you need help fighting a criminal charge, or you want to appeal a previous decision, you’ll need an experienced legal team by your side. For assistance with any part of the criminal law process, reach out to Avery Appelman and the team at Appelman Law Firm today at (952) 224-2277.
