The killing of another person is considered the ultimate sin, but not all killings are handled the the same in the eyes of the law. The facts of the case will dictate what type of charge an individual will face following the death of another person and whether or not the court finds them guilty. In Minnesota, there are five types of charges that can be handed down for a person accused of homicide. We explore all five types of homicide in today’s blog.
Different Charges For Homicide
Let’s take a closer look at the different charges related to the killing of another person in Minnesota and discuss what factors need to be present in order for law enforcement to bring these charges against a defendant.
First-Degree Murder – First-degree murder is the most significant form of murder in Minnesota. In order for an individual to be charged with first-degree murder, certain factors must occur during the killing, like:
- Premeditation
- Death during a sexual assault
- Death during a burglary, aggravated robbery or arson
- Death during that act of terrorism
- Death during the sale of an illegal substance
Minnesota does not have the death penalty, so the maximum punishment for a first-degree murder conviciton is life in prison.
Second-Degree Murder – Second-degree murder involves the intentional killing of another individual, but without premeditation. For example, if you came home to find your spouse in bed with another individual and killed them both in the heat of the moment, you would likely face second-degree murder charges. The maximum penalty for a second-degree murder conviction in Minnesota is up to 40 years in prison.
Third-Degree Murder – Third-degree murder occurs when the death of a person happens as a result of an individual’s actions without direct intent to kill a specific person. Throwing a punch during a bar fight that ends up leading to a person’s death could lead to a third-degree murder charge. It’s worth noting that Derek Chauvin was charged and convicted of third-degree murder for the death of George Floyd. Under Minnesota law, a third-degree murder conviction is punishable by up to 25 years in prison.
Voluntary Manslaughter – Next we move onto two types of manslaughter charges in Minnesota: voluntary and involuntary. Voluntary manslaughter is charged when passion, anger or fear lead a person to kill another individual. For example, if a woman is frequently being abused by her boyfriend and decides one night to kill him in his sleep to protect herself and her child, she may end up being charged with voluntary manslaughter. These cases of passion oftentimes center around self-defense and what led up to the killing. Another way the crime is oftentimes phrased is “a killing in which the defendant had the wrong notion that the killing was justified.” In Minnesota it is punishable by up to 15 years in jail and fines up to $30,000.
Involuntary Manslaughter – Finally, the last type of homicide charge is involuntary manslaughter in which someone causes the death of another person through negligence. For example, if you speed through an intersection and hit a pedestrian who had the right of way, you may be charged with involuntary manslaughter, which is punishable by up to 10 years in prison and fines up to $20,000.
Hopefully you never need a lawyer to assist with a homicide-related charge, but if you do, we’re here to help. For all your criminal defense needs, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
