Rochester Minnesota Homicide Murder Lawyer

Murder Homicide Attorney Minnesota

The terms murder and homicide are used interchangeably as if they mean the same thing, however there are marked differences between the two. Homicide is the killing of one person by another.  Murder is a form of homicide, called criminal homicide, where the offender intended to kill the other person, sometimes with premeditation. Manslaughter is another type of criminal homicide.
Homicides fall under one of two categories:

• Excusable or Justifiable Homicide
• Criminal Homicide

Excusable or Justifiable Homicide

An excusable or justifiable homicide involves the taking of someone’s life without the criminal intent to kill someone. Examples of excusable homicide include:

• A peace officer killing someone to protect himself or others from death or great bodily harm;
• A peace officer killing someone in the course of arresting or preventing escape of a person who has committed or attempted to commit a felony by threatening deadly force or whose delayed apprehension will cause death or great bodily harm;
• Killing someone in defense of self or others to prevent an offense that may cause great bodily harm or death;
• Killing someone to prevent a felony from occurring in one’s home.

Criminal Homicide

A criminal homicide is unjustifiable and the consequences are extremely severe. In Minnesota, criminal homicide is divided into six categories:

• Murder in the First Degree
• Murder in the Second Degree
• Murder in the Third Degree
• Manslaughter in the First Degree
• Manslaughter in the Second Decree
• Criminal Vehicular Homicide

Murder in the First Degree

Murder in the First Degree involves a life sentence upon conviction for the following crimes:

• Premeditated murder with intent to effect the death of another;
• Murder while committing certain felonies – Felony Murder;
• Murder of an on-duty police officer or prison guard, with intent;
• Extreme indifference causing death of a minor where past pattern of child abuse exists;
• Extreme indifference causing death of another where past pattern of domestic abuse exists;
• Extreme indifference causing death of another while committing a felony to further terrorism.

Murder in the Second Degree

Murder in the Second Degree involves a 40-year sentence upon conviction for the following crimes:

• Murder with intent, but without premeditation;
• Drive-by shooting felony murder;
• Felony murder without specific intent; or
• Murder without specific intent of a person protected by a no contact order, OFP, HRO.

Murder in the Third Degree

Murder in the Third Degree involves a 25-year sentence upon conviction for the following crimes:

• Depraved mind murder, no intent, no premeditation;
• Schedule I or II drug overdose murder.

Manslaughter in the First Degree

Manslaughter in the First Degree involves a 15-year sentence upon conviction for the following crimes:

• Intentionally causing the death of another in the heat of passion following provocation;
• Committing misdemeanor assault with such force that death was reasonably foreseeable;
• Causing death of another while coerced by threats of imminent death by someone other than a co-conspirator;
• Schedule III, IV or V drug overdose murder;
• Causing the death of a child while committing malicious punishment.

Manslaughter in the Second Degree

Manslaughter in the Second Degree involves a 10-year sentence upon conviction for the following crimes:

• Causing the death of another by negligently creating an unreasonable risk;
• Causing the death of another by shooting a gun or other weapon while negligently believing the other to be a deer or other animal;
• Causing the death of another by setting spring gun, pit fall, snare, trap, or any other dangerous device;
• Causing the death of another by negligently or intentionally permitting dangerous animal to run uncontrolled;
• Causing the death of a child while committing neglect or endangerment.

Criminal Vehicular Homicide

Criminal Vehicular Homicide involves a 10-year sentence upon conviction for the following crimes:

• Causing the death of another as a result of operating a motor vehicle in a grossly negligent manner;
• Causing the death of another as a result of operating a motor vehicle in a negligent manner:
• while under the influence of alcohol or a controlled substance;
• while having an alcohol concentration of 0.08 or more;
• while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;
• While committing a hit and run.

Contact Us Today For a Free Consultation

If you have been charged with murder you deserve the best representation during this very difficult time. Call us immediately. We always offer free initial consultations to our clients. Call 507.206.6020 or complete our free case evaluation form.