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Manslaughter & Homocide

If you are facing manslaughter or homicide charges, choose a Minnesota criminal lawyer you can trust to aggressively defend your case.

Criminal Vehicular Homicide
A charge of criminal vehicular homicide generally requires a prosecutor to prove one of three scenarios:

1. That the accused caused someone’s death by operating a vehicle in “grossly negligent” manner; or
2. That the accused caused someone’s death by operating a vehicle in a negligent or careless manner and that at the time of the accident you were under the influence of alcohol or drugs; or
3. That the accused caused someone’s death by operating a vehicle in a negligent or careless manner and then left the scene of the accident.

Criminal Vehicular Operation
Criminal vehicular operation is similar to criminal vehicular homicide and is charged in cases where injuries rather than a death resulted from the accident.

Gross Negligence
Gross negligence is defined as acting or operating a vehicle in a manner with “very great negligence or absence of even slight care.” What exactly that means based on the facts of an individual case is up to a jury.

Manslaughter
Manslaughter involves the killing of a person in a manner considered by law as less culpable than murder. Minnesota law differentiates between levels of criminal culpability based on the state of mind of the perpetrator. Manslaughter includes two distinct categories: voluntary manslaughter and involuntary manslaughter.

Voluntary Manslaughter
Voluntary manslaughter involves a situation where the accused had intent to cause death or serious injury, but the liability for the defendant is reduced by the specific circumstances surrounding the act and the state of mind of the defendant. Voluntary manslaughter includes the use of excessive force in self-defense resulting in a death; killing while committing a felony; or a killing that occurs in the “heat of passion” - circumstances that would cause a reasonable person to become emotionally or mentally disturbed.

Involuntary Manslaughter
Involuntary manslaughter, or negligent or criminal vehicular homicide occurs where there is no intent to kill or cause serious injury, but death results from reckless disregard for the rights of others or an act of negligence. A common example involves the death of a motorist as a result of an accident caused by a drunk driver.

Manslaughter Statutes
Minnesota manslaughter statutes contain three categories of manslaughter:

First Degree Manslaughter
Whoever does the following is guilty of first degree manslaughter in Minnesota:

1. Intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation;
2. Commits an assault and causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby;
3. Intentionally causes the death of another person because the actor is coerced by threats made by someone other than the actor's coconspirator and which cause the actor reasonably to believe that the act performed by the actor is the only means of preventing imminent death to the actor or another;
4. Proximately causes the death of another, without intent to cause death by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in schedule III, IV, or V; or
5. Causes the death of another in committing or attempting to engage in malicious punishment of a child, and murder in the first, second or third degree is not committed thereby.

Second Degree Manslaughter - A person who causes the death of another by:

1. Culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another;
2. By shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal;
3. By setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device;
4. By negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or
5. By committing or attempting to commit neglect or endangerment of a child, and murder in the first, second, or third degree is not committed thereby is guilty of second-degree manslaughter.

Criminal Vehicular Homicide and Injury - A person is guilty of criminal vehicular homicide or operation if the person causes injury to or the death of another as a result of operating a motor vehicle:

1. In a grossly negligent manner;
2. In a negligent manner while under the influence of drugs or alcohol;
3. Where the driver who causes the accident leaves the scene of the accident; or
4. Where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the injury or death was caused by the defective maintenance

Murder & Homicide
Murder or homicide 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 homicide:

First Degree Murder – Whoever commits one of the following acts can be charged with first degree murder in Minnesota:

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;

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.

   Second Degree Murder - Whoever (1) causes the death of a human being with intent to affect 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 affect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree.

   Murder or manslaughter charges are serious matters and should be handled by a qualified Minnesota criminal lawyer. Retaining a attorney in Minnesota can stop a conviction and otherwise defend your rights. With your future at stake, contact the knowledgeable Minnesota criminal lawyer Paul Edlund as soon as possible. Serving Minneapolis, St. Paul, the Greater Twin Cities Metro and beyond, Mr. Edlund is an attorney with a reputation for success. The earlier a lawyer is involved with your case, the better he will be able to defend you: Contact Paul Edlund today for a consultation!