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Old 05-29-2020, 02:30 PM   #329
Acey
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Join Date: Nov 2009
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Actual clarification of murder charges in Minnesota instead of massively flawed interpretations:

Quote:
First-Degree Murder
Like in many other states, Minnesota considers first-degree murder to be the most serious and heinous form of murder. Due to this classification, not all murder charges are filed as first-degree murder. First-degree murder charges in Minnesota have aggravating factors. Sometimes first-degree murder is based on the identity of the victim. For example killing a spouse after continued domestic abuse, killing a child, killing a cop, killing a judge or killing a witness to thwart his or her testimony in another case are often charged as first-degree murder. In other cases, first-degree charges arise due to the defendant’s conduct. For example, the premeditated murder in which the defendant considers, plans or prepares for the killing beforehand or killing someone during a sexual assault, burglary, aggravated robbery, kidnapping, arson or act of terrorism may be charged as a first-degree murder case.

Since Minnesota does not have the death penalty, the harshest punishment for those convicted of first-degree murder is life in prison. An element of the first-degree murder statute is the intent to kill.

Second-Degree Murder
Second-degree murder can be an intentional killing, but it is not as serious as first-degree murder. Second degree murder can be charged when a defendant intentionally kills another human being but the murder is not premediated. Second-degree murder may result when a person kills out of an intense emotional response or impulse. Additionally, killing someone during a drive-by shooting, killing someone during the commission of a crime that is not sexual assault or killing someone unintentionally while intended to inflict great physical harm to a victim for whom an order of protection was obtained can result in second-degree murder charges. Second-degree murder has a maximum penalty of 40 years in prison.

Third-Degree Murder
Third-degree murder falls between manslaughter and third-degree murder charges. This murder is not based on having the intent to kill. Third-degree murder is often charged as a depraved heart or mind crime. This charge can arise when a person fires a gun in a crowd without intending to kill anyone, for example. Murder is charged when a person is killed and the defendant has an indifference to the sanctity of human life. This charge may also result if a person sells bad drugs. The maximum penalty for murder is up to 25 years in prison. If the death resulted because of a Schedule I or II drug sale, a fine of up to $40,000 may result.
https://www.hg.org/legal-articles/mu...innesota-43141

Again, only 3 states have 3rd degree murder.
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