{"id":374257,"date":"2016-04-11T01:22:51","date_gmt":"2016-04-11T06:22:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/minnesota-law\/minnesota-first-degree-murder.html"},"modified":"2016-06-20T19:49:11","modified_gmt":"2016-06-21T00:49:11","slug":"minnesota-first-degree-murder","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/minnesota-law\/minnesota-first-degree-murder.html","title":{"rendered":"Minnesota First-Degree Murder"},"content":{"rendered":"\n
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Minnesota First-Degree Murder<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

First-degree murder is the most serious, most heinous type of murder charge. In Minnesota, many different types of killings can be considered first-degree murder<\/a>, but all of them have aggravating<\/a> (or responsibility or culpability increasing) factors. The killings that Minnesota law states deserve the most severe punishment include when the victim is a child or spouse who is continually abused at home or a witness or judge who is killed due to their official duties.<\/p>\n

Sometimes, it\u2019s the serious behavior of the defendant, such as committing a burglary, robbery, or sexual crime when the victim is killed that deserves harsher punishment. However, even most of these murders do require an intent to kill. Thus, first-degree felony-related murders are distinguished from the felony murder rule<\/a> that also applies to some second-degree murder<\/a> felony-related deaths.<\/p>\n

Penalties and Sentencing<\/h2>\n

The death penalty has been abolished in Minnesota since 1911<\/a>. Although from time-to-time a high profile murder brings a movement to re-enact the death penalty, it remains abolished. The most severe form of punishment Minnesota law authorizes is life imprisonment. This is the penalty if a defendant is found guilty of first degree murder.<\/p>\n

Minnesota First-Degree Murder Statute<\/h2>\n

The following table outlines the first-degree murder law in Minnesota.<\/p>\n\n

Code Section<\/b><\/p>\n<\/td>\n

Minnesota Statutes Section 609.185 \u2013 Murder in the First Degree<\/a><\/p>\n<\/td>\n<\/tr>

What\u2019s Prohibited?<\/b><\/p>\n<\/td>\n

Minnesota law prohibits any intentional killing. However, some types of killings are more heinous than others, for those killings, first degree murder applies. Murder in the first degree applies for any of the following circumstances:<\/p>\n

Penalty<\/b><\/td>\n

Murder in the first degree is punished by life imprisonment in Minnesota.<\/p>\n<\/td>\n<\/tr>

Defenses<\/b><\/td>\n

The best defense<\/a> to first-degree murder depends on the facts of the case. Some murder defenses are complete, meaning the person will be found not guilty if believed by the judge or jury. These complete defenses include innocence and, sometimes, insanity<\/a> or \u201cperfect\u201d self-defense (that is, you needed to kill the person to defend yourself).<\/p>\n

Other defenses can be only partial, so they only reduce the offense to a lower form of homicide, such as unreasonable self-defense<\/a> or intoxication<\/a> (which may get rid of the state of mind needed for first degree murder, but it could still be second degree murder or manslaughter).<\/p>\n<\/td>\n<\/tr>

Civil Case<\/b><\/td>\nThe family of a victim can sue the defendant for wrongful death<\/a>, even if not convicted of the murder or manslaughter. This happened to O.J. Simpson. Simpson wasn’t convicted of murdering his wife or her friend, but he did lose his wrongful death lawsuit. That\u2019s because the civil case has a lower standard of proof<\/a> of preponderance of the evidence (essentially more likely than not) rather than beyond a reasonable doubt which is needed for criminal cases.
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\nIf you’re sued for a wrongful death, you should consult with an experienced personal injury defense attorney<\/a> quickly.<\/td>\n<\/tr><\/tbody><\/table>\n

Note:<\/b> State laws change frequently, it’s important to verify<\/i> the laws you\u2019re researching<\/i>.<\/p>\n

Research the Law<\/h2>\n