If you’re facing murder charges, or trying to understand what a loved one is up against, you need to know the difference between 1st, 2nd, and 3rd degree murder in Minnesota. These charges are not interchangeable. Factors such as premeditation, intent, depraved mind, and indifference to human life help distinguish between 1st, 2nd, and 3rd degree murder. Each murder charge carries its own level of severity, legal requirements, and possible penalties. Knowing how Minnesota law defines each degree of murder can make or break your defense.
When you hire Keller Criminal Defense Attorneys in Minnesota, we’ll break down the key differences in plain language, explain the legal options available, and prepare for your defense. Call 952-913-1421 to schedule your free consultation.
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Why the Degree of Murder Matters
The difference between 1st, 2nd, and 3rd degree murder in Minnesota isn’t just legal jargon. It affects:
- Bail decisions
- Pre-trial strategy
- Plea deal eligibility
- Sentencing outcome
If you’re charged with murder, the degree of the offense directly determines your future. The sooner your defense attorney can evaluate the facts, the more options you’ll have.
First Degree Murder vs. Third Degree Murder: Which Is Worse?
If you’ve been accused of, or are under investigation for, murder in Minneapolis, MN, you’re probably wondering: Is first or third degree murder worse? First-degree murder is the most heinous felony offense, and it attracts the severest penalties. This is because 1st-degree murder is an intentional act of killing, which is deliberate and willful.
Third-degree murder is often informally referred to as a crime of passion. It is an accidental killing without any prior intent to kill. The crime often happens under circumstances that would cause a reasonable person to be considered mentally or emotionally disturbed.
You may face charges for murder in the first degree for allegedly contemplating or planning to end someone’s life. You may also face a first-degree murder charge for killing someone during a sexual assault, aggravated assault, or terrorism act. Adults face life imprisonment (with or without parole), while juveniles face life imprisonment with parole after 15 years for first-degree murder.
Third-degree murder does not include intent to kill. Prosecutors usually file a third-degree murder as a depraved mind or heart criminal offense. This charge may arise when the defendant acts without regard for human life and terminates another person’s life. The penalty for a third-degree murder offense is up to 25 years in prison.
Severity of Each Murder Degree
The degrees of murder in Minnesota include first-, second-, and third-degree murder. Sentencing depends on the particular murder charge an offender is facing. Penalties can be more severe if there are aggravating factors. These factors generally include kidnapping, sexual violence, burglary, sale of controlled substances, and terrorism.
In a third-degree murder case, the charges may attract serious penalties if the defendant used a weapon or had a previous criminal record. Other aggravating factors for this crime include hatred/prejudice, cruelty, child abuse, and significant impact on the victim’s family and community.
Differences in Intent and Circumstances
Intent and circumstances are two of the most important factors in murder cases. Intent refers to the offender’s mental state during the killing. It determines whether the perpetrator meant to kill the victim or cause serious bodily harm.
On the other hand, circumstances refer to the facts and unique details of the killing. It looks at the place, time, and manner in which the crime happened. The circumstances also constitute the parties involved and the defendant’s motives.
The defendant’s intent to kill can significantly impact the charges the defendant faces and the potential penalties. If the perpetrator intended to kill the victim and planned the killing, the perpetrator may be charged with first-degree murder. But if the defendant killed the victim accidentally while committing another crime, the defendant may be charged with third-degree murder.
The circumstances in which first-degree and third-degree murder are committed can also vary. First-degree murder occurs in a calculated and deliberate manner. Third-degree murder, on the other hand, happens spontaneously or impulsively.
The Legal Definition of 1st Degree Murder in Minnesota
First-Degree murder is the most serious type of homicide of all five levels of homicide under Minnesota law. It often occurs when the murder is premeditated. It may also occur when the perpetrator was engaging or trying to engage in a 1st- or 2nd-degree sexual offense with violence or force. Other instances in which this crime can occur include:
- The perpetrator committed or attempted to commit 1st- or 2nd-degree aggravated robbery, arson, or burglary.
- The alleged offender engaged in witness tampering (first degree), drive-by shooting, illegal sale of controlled substances, or escape from custody.
- The alleged offender killed a Minnesota local or state official or a minor.
- The perpetrator subjected a household or family member to domestic abuse while showing extreme disregard for human life.
- The crime occurred during a kidnapping.
- The perpetrator committed, conspired to commit, or tried to commit a felony-level offense to advance terrorism while showing disregard for human life.
You can beat a murder charge in the first-degree. You will need to work closely with a defense lawyer with a success rate of handling cases similar to yours. The lawyer will look at the facts of your case and determine the best legal defense to fight your charges. Examples of defenses used in first-degree murder charges include self-defense and insanity. Defenses, like intoxication and unreasonable self-defense, may be presented to ask the court for lower murder charges or less harsh sentences.
Premeditation and Intent
Intent and premeditation are the two important aspects that prosecutors in Minnesota must prove without a reasonable doubt in first-degree murder cases. Intent means that you wanted to kill the victim. However, this factor does not consider the specific reason or way of wanting to kill someone.
Premeditation means that there was an element of thought and planning in advance before the crime was committed. The thought and planning process does not have to take long. Instead, the prosecutor must prove you thought about the crime before committing it.
Motive is not among the factors the prosecution must prove in a first-degree murder case. However, if this factor can be proven, it can help demonstrate that there was intent and premeditation in the crime. Either way, the jury will consider factors, such as the murder circumstances and your state of mind when the crime was committed, to determine whether you had intent or premeditated the crime.
The jury will also look at your relationship with the murder victim and statements/actions before, during, and after the crime happened. Intent and premeditation can be inferred from the murder circumstances, even if you did not explicitly state that you wanted to or thought about killing the victim.
For these reasons, you should not fight murder charges on your own. Instead, you should enlist the services of a lawyer knowledgeable about your state’s murder laws and experienced in defending persons charged or accused of murder.
Penalties for First-Degree Murder Convictions
Life imprisonment is the penalty for first-degree murder in Minnesota. The sentence also comes with the option of parole once you serve 30 years or no parole. Juveniles get to serve 15 years with parole in a youth detention center.
Legal Definition of Second Degree Murder in Minnesota
Under Minnesota Statutes, second-degree murder involves killing another person without premeditation, but with intent, or causing death during the commission of certain felonies. There are two primary subcategories:
1. Intentional Murder Without Premeditation
A person causes the death of another with intent to kill, but without planning it in advance. This often happens in the heat of passion or sudden altercation.
2. Unintentional Felony Murder
A person unintentionally causes death while committing or attempting to commit a felony, such as assault, robbery, or arson. There’s no intent to kill, but the underlying felony escalates into fatal violence.
Penalties for Second Degree Murder in Minnesota
People convicted of 2nd degree murder face up to 40 years in prison. Judges may impose harsher sentences if aggravating factors are present (e.g., use of a firearm, prior criminal history)
The Legal Definition of Third-Degree Murder in Minnesota
Third-degree murder charges arise when a person kills someone else without intending to do so. This charge may occur when a defendant’s lack of respect for human life ends another person’s life. A person may also face this charge if the person causes someone else’s death by unlawfully administering, distributing, exchanging, delivering, giving away, or selling a Schedule I or II controlled substance.
Depraved Mind and Indifference to Human Life
The prosecution needs to prove beyond reasonable doubt that you acted with indifference to human life and a depraved mind to convict you of third-degree murder. Indifference to human life means you consciously disregarded the value of someone else’s life. Having a depraved mind, on the other hand, means that you knew but disregarded the risk of serious bodily harm or death to others.
Depravity is a total lack of values, morals, and regard for others. In the criminal justice system, it is used to imply that someone is deemed wicked or morally corrupt.
Penalties for Third-Degree Murder Convictions
Murder in the third degree is usually punishable by 10 to 15 years imprisonment for first-time offenders. The maximum prison time is 25 years. An offender convicted of killing another person by selling faulty Schedule I or II drugs may be required to pay up to $40,000 in fines alongside serving up to 30 years in prison.
Facing 1st, 2nd, or 3rd Degree Murder Charges? You Need a Criminal Defense Lawyer
Murder charges move fast, and the state devotes significant resources to secure convictions. Whether you’re facing life in prison or 25 years, every minute matters. You need a criminal defense lawyer who knows how to challenge the prosecution’s narrative, scrutinize evidence, and negotiate if necessary.
If you or someone you love is facing murder charges in Minnesota, don’t face the system alone. Contact Keller Criminal Defense Attorneys in Minneapolis at 952-913-1421 or schedule a free consultation online. We’ll explain your legal options, build a strategic defense, and fight to protect your freedom.
