Murder involves the unlawful killing of a person or unborn child with malice if the defendant acts with intent to kill, intent to inflict serious bodily harm, reckless indifference to an unjustifiably high risk to human life or intent to commit a felony that ultimately results in death. Minnesota murder statutes contain three categories of murder:
First Degree Murder
Whoever (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 is guilty of first degree murder in Minnesota.
Second Degree Murder
Whoever (1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; (2) causes the death of a human being while committing or attempting to commit a drive-by shooting in a manner outside of first-degree murder is guilty of second-degree murder in Minnesota.
Third Degree Murder
Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evidencing a depraved mind, without regard for human life, is guilty of murder in the third-degree.
We suggest acting promptly if you’ve been arrested or charged with murder in Minnesota. The stakes are high. The earlier you involve an attorney, the sooner we can gather evidence, interview witnesses and address other important issues in your case. Call our law firm now for a consultation: (218) 346-4995.