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Under Minnesota law, the term homicide covers both murder and manslaughter charges. It is a broad term that covers charges that occur if you have caused the death of another. You can be charged with homicide if the death was premeditated, intentional, or unintentional. All homicide charges are felony offenses with varying penalties.

If you have been charged with or are under investigation for homicide, the attorneys at Valentini law are here to help. Contact us at (612) 341-0900 to secure experienced and professional representation for your case.

First Degree Murder

First degree murder requires premeditation or intention, and is the most severe of homicide charges. There are seven avenues the State can use to charge someone with first degree murder:

• Premeditated taking of a life.
• Death resulting from forceful and/or violent first or second degree sex crimes. If you are convicted of first degree murder under this provision, penalties include mandatory predatory offender registration.
• The intentional taking of a life while committing or attempting to commit any of the following felonies:
  • Burglary
  • Aggravated robbery
  • First degree carjacking
  • Second degree carjacking
  • Kidnapping
  • First degree arson
  • Second degree arson
  • Drive-by shooting
  • First degree witness tampering
  • Escape from custody
  • Felony drug crimes
• The intentional taking of a life of a peace officer, prosecutor, judge, or guard employed at a correctional facility, performing their official duties.
• Death resulting from child abuse under circumstances manifesting an extreme indifference to human life. For these charges to apply, you must have engaged in a past pattern of child abuse.
• Death resulting from domestic abuse under circumstances manifesting an extreme indifference to human life. For these charges to apply, you must have engaged in a past pattern of domestic abuse.
• The taking of a life while committing, conspiring to commit, or attempting to commit a felony crime in further terrorism, and the death occurs under circumstances manifesting an extreme indifference to human life. “Further terrorism” means a premeditated act involving violence to people and/or property with the intention of terrorizing, intimidating, or coercing a considerable number of members of the public in addition to the direct victims, and significantly disrupting or interfering with the lawful exercise, operation, or conduct of government, lawful commerce, or the right of lawful assembly.

If you are charged with first degree murder, the penalty is lifetime imprisonment.

Second Degree Murder

Second degree murder does not require premeditation. This means that even if the death was intentional, it did not require planning or preparation. There are four avenues the State can use to charge someone with second degree murder:

• Intentional taking of a life without premeditation.
• Unintentional taking of a life as the result of a drive-by shooting.
• Unintentional taking of a life while committing or attempting to commit a felony offense that is neither a sex crime nor drive-by shooting.
• Unintentional taking of a life while intentionally inflicting or attempting to inflict bodily harm.

If you are charged with second degree murder, penalties include up to 40 years in prison.

Third Degree Murder

Third degree murder requires neither premeditation nor intention, and is the least severe of the murder charges. There are two different avenues the State can use to charge someone with third degree murder:

• Unintentional taking of a life while taking eminently dangerous actions without regard for human life.
• Unintentional murder involving schedule I and/or II controlled substances.

If you are charged with second degree murder under the first provision, penalties include up to 25 years in prison.

If you are charged with second degree murder involving controlled substances, penalties include up to 25 years in prison and/or a $40,000 fine.

First Degree Manslaughter

First degree manslaughter can be either intentional or unintentional. There are five avenues the State can use to charge someone with first degree manslaughter:

• The intentional taking of a life in the heat of passion.
• The intentional taking of a life because you were coerced into believe it was the only means of preventing imminent death to yourself or another.
• The either intentional or unintentional taking of a life while committing or attempting to commit fifth degree assault.
• The either intentional or unintentional taking of a life involving Schedule III, IV, and/or V controlled substances.
• Death as a result of malicious punishment of a child when murder charges do not apply.

If you are charged with first degree manslaughter, the penalties include up to 15 years in prison and/or a $30,000 fine.

Second Degree Manslaughter

Second degree manslaughter is the unintentional taking of a life. There are five avenues the State can use to charge someone with second degree manslaughter:

• The unintentional taking of a life as a result of negligence. Under this provision, you must consciously take the chance of causing death or great bodily harm to another.
• The unintentional taking of a life by either shooting a gun or using another dangerous weapon and mistaking a person for a deer or other animal.
• The unintentional taking of a life by setting a spring gun, pit fall, deadfall, snare, or other dangerous weapon or device.
• The unintentional taking of a life by negligently or intentionally permitting a dangerous animal to run uncontrolled off your property, or failing to keep it properly confined.
• The unintentional taking of a life resulting from child neglect or child endangerment when murder charges do not apply.

If you are charged with second degree manslaughter, the penalties include up to 10 years in prison and/or a $20,000 fine.