Murder / Homicide Lawyer in Minneapolis & Saint Paul, MN

1st Degree Murder (Minn. Stat. § 609.185)

Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life:

1. causes the death of a human being with premeditation and with intent to effect the death of the person or of another;
2. causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another;
3. causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance;
4. causes the death of a peace officer or a guard employed at a Minnesota state or local correctional facility, with intent to effect the death of that person or another, while the peace officer or guard is engaged in the performance of official duties;
5. causes 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;
6. causes 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; or
7. causes 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.

2nd Degree Murder (Minn. Stat. § 609.19)

Intentional Murder; drive-by shootings (subdivision 1).

Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years:

1. causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or
2. causes the death of a human being while committing or attempting to commit a drive-by shooting.

Unintentional Murder (subdivision 2)

Whoever does either of the following is guilty of unintentional murder in the second degree:

1. causes 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 criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or
2. causes 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.

3rd Degree Murder (Minn. Stat. § 609.195)

Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 year

OR

Whoever, without intent to cause death, proximately causes 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, is guilty of murder in the third degree.

1st Degree Manslaughter (Minn. Stat. § 609.20)

Whoever does any of the following is guilty of manslaughter in the first degree:

1. 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;
2. 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;
3. 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;
4. 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
5. causes the death of another in committing or attempting to commit a violation of malicious punishment of a child, and murder in the first, second, or third degree is not committed thereby.

2nd Degree Manslaughter (Minn. Stat. § 609.205)

A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree:

1. 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
2. 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
3. by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or
4. 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
5. by committing or attempting to commit a violation of neglect or endangerment of a child, and murder in the first, second, or third degree is not committed thereby.

Child Abuse: an act committed against a minor victim that constitutes a violation of the following laws of this state or any similar laws of the United States or any other state.

Further terrorism: if the crime is a felony and is a premeditated act involving violence to persons or property that is intended to:

1. terrorize, intimidate, or coerce a considerable number of members of the public in addition to the direct victims of the act; and
2. significantly disrupt or interfere with the lawful exercise, operation, or conduct of government, lawful commerce, or the right of lawful assembly.

Premeditation: to consider, plan or prepare for, or determine to commit, the act referred to prior to its commission.

Anytime you are charged with a crime, you should do two things:

1. Contact a criminal defense attorney; and,

2. Do NOT talk to the cops.

Only in extremely rare circumstances do we recommend communicating with the cops and any decision to do so should be made with the advice of counsel and with an attorney present.