What is the difference between Homicide and Murder?
The word homicide is used to describe any death of a person at the hands of another, whether intentionally, or unintentionally.
Murder in the First Degree
Under Minnesota law, a person causing the death of another with premeditation and with the intent to kill another person is guilty of this crime. In Minnesota, only a Grand Jury can issue an indictment for First Degree Murder, and the maximum penalty is life in prison without parole. In order to convict a defendant, the State must prove beyond a reasonable doubt:
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That a person died;
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That the defendant caused the death of that person;
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That the defendant acted with the purpose of causing the death or believed that the act would have that result;
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That the defendant acted with premeditation (definition below)
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That the death took place on a certain date in the county in which it was charged.
What is premeditation?
Premeditation means that the defendant considered, planned, prepared for, or determined to commit the act before they committed it. It can be inferred from all the circumstances surrounding the event. It doesn’t require a specific period of time for deliberation, just that some amount of time—even only moments—must pass between the formation of the intent and the carrying out of the act. A rash or unconsidered impulse, even thought it includes an intent to kill, is not premeditated. Premeditation is subjective process of the mind, and is not always proved by direct evidence.
Murder in the Second Degree?
Under Minnesota law, a person causing the death of another person without premeditation is guilty this crime. It can be committed with or without intent. The maximum penalty for this crime is 40 years in prison.
With intent
if a death of a person is caused with intent, or while committing or attempting to commit a drive-by shooting; or
Without intent
a death is caused while committing or attempting to commit a felony offense (other than Criminal Sexual Conduct in the first or second degree) with force, violence, or drive-by shooting, or a death is caused while intentionally inflicting or attempting to inflict bodily harm on the victim when the perpetrator is restrained under an order for protection, harassment restraining order, or other court-ordered no-contact provision.
Murder in the Third Degree
Under Minnesota law, a person causing the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, but without the intent to cause the death of a person, is guilty of this crime. In order to get a conviction for this crime, the State must prove beyond a reasonable doubt that
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The defendant caused the death of another without intent;
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By committing an act “eminently dangerous” to others, that is, an act that is highly likely to cause death; and
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The nature of the act supports an inference that the defendant was indifferent to the loss of life that this eminently dangerous activity could cause.
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The death occurred on a specific date in the county in which it was charged.
What is a “depraved mind”?
According to recent State Supreme Court case law, a “depraved mind” is a mental state wherein the defendant is indifferent to the loss of human life as a result of their actions. Basically If a person knows that their actions could kill a person but they do it anyway. It can also be described as manifesting an extreme indifference to human life in general, and not to any one specific person. The law in this area is complicated and very fact-specific, and can be confusing for defendants and juries.
Third Degree Murder and Controlled Substances
There is also a provision under which a person can be convicted of Third Degree Murder if they cause the death of another by, directly or indirectly, unlawfully selling, giving away, distributing, or administering a controlled substance. This doesn’t require that a person intended to kill another person. In order to prove murder this way, the State has to prove beyond a reasonable doubt that:
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A person died;
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The defendant directly or indirectly provided the dead person controlled substances (drugs);
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The defendant intentionally provided the dead person controlled substances
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The defendant knew that the substance provided was a controlled substance
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It was unlawful for the defendant to provide the drugs/controlled substance
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That by providing the drugs to the dead person, the defendant proximately caused their death
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The death occurred on a specific date in the county in which it was charged.
Basically if you sell or give drugs to someone and they overdose and die, you could be on the hook for it under this statute.
The maximum penalty for Third Degree Murder under either theory is 25 years in prison.
Are there defenses to Murder?
Yes, depending on the circumstances, there may be several defenses that can be raised, from alibi, to lack of intent, to heat of passion, or self defense. Every case is different and a good defense depends on the defendant’s situation. There are no cookie-cutter defenses in serious cases.
If you or someone you love has been accused of causing the death of another person or unborn child, it is critical that you get an experienced criminal defense attorney. The law is complicated and the stakes are high. Catherine has experience representing clients accused of Murder and Manslaughter and can help. Call today for a free consultation.