Murder in the Third-Degree Charges

In Minnesota, Murder in the Third Degree is briefly defined as “reckless homicide.” It’s an act that endangers human life. However, Minn. Stat 609.195 goes more in-depth when defining the act. It essentially states that a person who, without intent causes the death of any person by perpetrating an act out of a depraved mind and without any regard to human life, is guilty of third-degree murder and can be sentenced to up to 25 years in prison.

Part B of the statute goes even further, stating that death caused by selling, giving away, delivering, bartering, exchanging, administering, or distributing a Schedule I or II controlled substance also constitutes a third-degree murder charge. If convicted, the defendant can be sentenced to up to 25 years in prison and/or must pay a fine of up to $40,000.

Murder in the Third Degree and Drugs

Murder in the Third Degree charges typically stem from incidents involving drug overdoses. It is a tragic case from every angle. The defendant, who sold or distributed the drug, and the decedent’s family all suffer. In almost every case, the defendant had no intention of providing a deadly substance. Many times, the defendant, himself or herself, didn’t even know the drugs were lethal.

Opioids alone and Opioids mixed with Fentanyl, as well as its close derivative, Furanyl Fentanyl, are one of the leading causes of overdose deaths and Murder in the Third Degree charges. The Opioid epidemic is running rampant and is a major concern for communities around the country. Defending these cases has also gotten more complicated as the police authorities have gotten much better at tracking down the source of these drugs.

More often than not drug abusers start with painkillers they get from friends and even their own homes. For years, Opioid drugs were prescribed regularly in large doses. This resulted in an overabundance of Opioids on the street. The comfortable feeling of taking an Oxycodone pill to feel euphoric many times turns into an addition that leads to moving onto more powerful drugs like Heroin. Sometimes, users go to the streets to get their “fix,” and when they do they never know what is actually in the little pill they are swallowing. Sometimes those little pills contain deadly substances such as Fentanyl and Furanyl Fentanyl.

In a recent case out of Chisago County, a young man snorted just a small chunk of a pill containing Oxycodone and Furanyl Fentanyl. Within minutes he was dead. Two young persons were charged for his death and convicted of murder in the third degree.

Fighting Third-Degree Murder Charges

Most times murder charges stemming from drug overdoses involve the small-time drug dealer. In fact, many times the “dealer” is actually a friend of the decedent. This makes it so difficult for everyone involved to come to grips with being charged with murder when the “dealer” didn’t do anything to kill on purpose, and the decedent willingly ingested the drug. The statute says the intent of the “dealer” and the decedent is irrelevant. The message is that if you are going to distribute drugs, even just to your friends, you are going to be held responsible for anything that goes wrong. In other words, leave the drug distributing to the doctors.

Regardless of why a charge of Murder in the Third Degree is charged, everyone deserves a defense that looks at every angle and fights for the best and right result. If you or a loved one has been accused of Murder in the Third Degree, call DeVore Criminal Defense as soon as possible at 651-435-6500 to request a free consultation.