Minnesota Murder Defense Attorney Kevin DeVore
There are degrees or levels of murder based on the intent of the killer and whether or not the death in question occurred during the commission of an illegal act.
In the state of Minnesota, First-Degree Murder carries a sentence of life imprisonment. A first-degree murder charge usually requires premeditation or intent to kill. But first-degree murder charges can also be charged as a result of:
- Killing someone while committing or attempting rape or sexual assault.
- Killing someone while committing a burglary, aggravated robbery, kidnapping, arson, drive-by shooting, tampering with a witness or committing a felony drug crime.
- Killing a cop, prosecutor, judge, or correctional officer, with intent, and while the person is on duty.
- Killing a child during an act of abuse, or after being a habitual abuser and showing extreme indifference to human life.
- Killing someone while abusing them after a pattern of domestic abuse and with extreme indifference to human life.
- Causing anyone’s death while committing, conspiring, or attempting to commit a felony in furtherance of terrorism (Minnesota Criminal Law Statute 609.185)
Second-Degree Murder carries a sentence of imprisonment for up to 40 years. You might be convicted of second-degree murder if you kill with intent but without premeditation.
- Causing a death while committing or attempting to commit a drive-by shooting may, in certain circumstances, also result in a second-degree murder charge.
- Committing murder while under a restraining order might result in a second-degree murder charge.
- There are other events and circumstances that could possibly result in second-degree murder charges. For more detailed information, review Minnesota’s criminal law statute 609.19, or contact us at the Law Offices of Devore Criminal Defense.
Third-Degree Murder carries a sentence of imprisonment up to 25 years. In cases of third-degree murder, there is no intent to kill.
- Causing a death by unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance, can also result in a third-degree murder charge. (Minnesota Criminal Law Statute 609.195)
Maybe you feel as if you didn’t really commit a crime. Perhaps you just provided the weapon or made sure a door was unlocked. Is that a crime? Yep, you bet it is. A person who aids, abets, or encourages another to commit a crime but who is not present at the scene is an accessory before the fact or an accomplice, and that person may be held criminally liable to the same extent as the person who actually committed the crime. That is scary, isn’t it?
Suppose you didn’t know about the crime until after the fact, but you hid the weapon, or provided an alibi or told some other lie that hindered the case. How much trouble could you be in for that? Someone who assists another person (who has committed a felony) after the crime has been committed, with knowledge that a crime has taken place and with the intent of helping the person avoid arrest or punishment, is an accessory after the fact and said person may be held liable on numerous counts.
We’ve all heard the phrase “Innocent Until Proven Guilty,” but what does that mean? Innocent until proven guilty does not mean that you are innocent and it does not mean that people believe you are innocent. It is a legal concept that indicates that you must be presumed to be innocent and puts the burden of proof on the state to prove that you have committed a crime.
“Guilty beyond a reasonable doubt is another familiar phrase. Reasonable doubt is a standard of proof used in criminal trials. When a criminal defendant is prosecuted, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt. If the jury (or the judge in a bench trial), has a reasonable doubt as to the defendant’s guilt, the jury or judge should pronounce the defendant not guilty. If the jurors or judge have no doubt as to the defendant’s guilt, or if any doubts they might have are unreasonable, then the prosecutor has proven the defendant’s guilt beyond a reasonable doubt and the result should be a guilty verdict.
There is no statute of limitations in cases of murder.
On March 16, 2017, a Minneapolis WCCO news video told of an 81-year-old woman who was murdered in 1987 during a home invasion burglary. Thanks to the evolution of forensic science, an inmate at Minnesota Correctional Facility in Stillwater, Michael Anthony Withers, was charged with second-degree murder in connection with the death of the woman in question, Lillian Kuller.
In another case, according to a November 21, 2013, Minneapolis Associated Press release, Robert Skogstad was sentenced on a second-degree murder conviction after DNA evidence connected him to the 1980 murder of 22-year old Mary Steinhardt.
If you’ve been involved in a murder, it doesn’t matter how long you’ve been on the run or in hiding, or how righteously you’ve lived your life since; when caught, you can still receive just as harsh of a sentence as if the crime was committed yesterday. A lifetime of guilt spent looking over your shoulder or on the run, may seem like punishment enough in and of itself, but the law doesn’t see it that way. It is always better to come forward of your own accord than to hunted down like an invasive species.
No discussion on murder would be complete without a few words about “wrongful death.” Wrongful Death is when a lawsuit is brought against someone who has allegedly caused the death of another as a result of a wrongful act or through, negligence. A wrongful death suit may be filed on behalf of the members of the family who have lost the company and support of the deceased. In civil cases, the burden of proof is lower than what is required in criminal cases. In a wrongful death case a preponderance of evidence, meaning that one side has more evidence in its favor than the other, may be enough to win a case.
The reason criminal cases have stricter standards for guilty verdicts is that being found guilty in a criminal case can result in a permanent loss of liberty. In a civil case, the outcome usually means the family of the deceased will be awarded a sum of money or some other compensation.
You may still not have a clear idea of how you will be charged concerning the bad thing that’s happened. The thing that brought you to this website in the first place, but one thing should be clear. You need help, and Devore Criminal Defense is here for you. We represent our clients with integrity, and diligence, defending your rights and securing the best possible outcome for the clients we represent.
Posted 2nd December 2018 by DeVore Criminal Defense