Manslaughter

The State of Minnesota has two classifications for manslaughter: first-degree and second-degree.

First degree manslaughter can be committed either intentionally or unintentionally. 

The classic intentional manslaughter is known as a “heat of passion” crime. Essentially, someone's emotions are brought to such a state that they cannot control their emotions, and does something that causes the death of another human being. 

For example, if someone were to walk into his child’s bedroom and find his neighbor sexually assaulting his child, and then kill the neighbor, this would almost certainly be regarded as first-degree manslaughter by the state. Normally, such an act would be regarded as second-degree murder, but the charges might be lowered to first-degree manslaughter because of the somewhat understandable nature of the response to seeing one’s own child being sexually assaulted.

intentional manslaughter

One may be charged with intentional manslaughter if one deliberately causes the death of another because she believes that killing that person is the only way to avoid being killed herself.

Or it may be the only way to avoid some OTHER person from being killed. In the criminal law, the “duress defense” is available to every charge except murder. This defense essentially means that someone should not be found guilty for committing a crime that they were forced to commit under threat of death.

If you are under duress (or coerced) into killing another with the threat of your own death or death of another person, the state may charge you with first-degree manslaughter rather than some degree of murder.

The unintentional version of first degree manslaughter can be committed in one of three ways.

1. First, if one is committing a standard misdemeanor assault (for example, punching someone in a bar fight) and a person dies as a result, that would qualify.

2. Second, if one sells a schedule 3, schedule 4, or schedule 5 drug, and someone dies as a result of its ingestion. (If one sells a schedule 1 or schedule 2 drug and someone dies, the state would charge third-degree murder.)

3. And third, if one maliciously punishes a child and the child dies as a result. (It is a separate crime when the child survives.)

Minnesota statute 609.205 defines second-degree manslaughter as the heedless or unplanned killing of a person without justification.

Second degree manslaughter is nearly always committed without intent

The core manner in which someone commits second degree manslaughter is by committing an act with “culpable negligence.” This means that the act was grossly negligent (very great negligence) PLUS there was a conscious risk (intending to do a thing that is very dangerous). It also requires that one has a duty of care to the other person. 

For example: Someone is standing on the roof of a building and throws a large hammer to someone on the ground, yelling, “Hey catch this!” The person on the ground doesn’t hear and is killed by a hammer strike to the head. That situation would likely be considered second degree manslaughter. Throwing a hammer to someone on the ground is very dangerous, and doing it consciously (rather than thoughtlessly dropping it over the edge of a building where people normally are absent) shows a subjective actual conscious disregard of the risk of death or great bodily harm. 

One may also be charged with second degree manslaughter for a death that occurs as a result of a hunting accident. For example, if someone shoots a person, thinking that person is a deer, then the state needs only to prove that the shooter was negligent (rather than grossly negligent, or culpably negligent). This is because hunters are put on notice that such an activity is inherently risky, and they owe other hunters a special duty to follow the rules of firearm safety.

One may be charged with second degree manslaughter for a death that occurs from a deadly trap. The classic situation is a “spring gun” that was set up to fire a gun when someone trespassed or opened a door that was on private property. The mere act of setting up a “spring gun” or other deadly trap is a misdemeanor. It is when the trap kills someone that the charge rises to second degree manslaughter.

Another way one may be charged with second degree manslaughter is for harboring a very dangerous animal that kills someone. Typically, the animal is either a dog that is known to have been very aggressive to others, or a wild animal (like a tiger) that is by its nature very dangerous to humans.

Finally, one may be charged with second degree manslaughter by neglecting a child to such a degree that the child dies. 

The penalty for second-degree manslaughter in Minnesota is a prison sentence of up to ten years along with a fine up to $20,000.

• The penalty for first degree manslaughter in Minnesota is not more than fifteen years in prison along with a fine of up to $30,000.

• For second degree manslaughter, the penalty is a prison sentence of up to ten years along with a fine of up to $20,000.

Mitigating and Aggravating Factors

For the court to decide on the exact penalty, they examine the circumstances involved in your crime. The circumstances fall into two categories: mitigating and aggravating factors.

Mitigating factors will help to reduce your sentence. These factors show you pose less risk to society, so it is unnecessary to hand you a lengthy sentence. Mitigating factors can include a lack of criminal history and if you take responsibility for the crime.

The defense strategy for manslaughter charges can be similar to those for homicide charges. If you are facing manslaughter charges, it could be proven that you are not responsible and the actions you took were justified.

Your criminal defense attorney from Ringstrom DeKrey will develop an appropriate defense strategy according to the circumstances of your case. Some common defense strategies include the following:

Self-Defense

When pleading self-defense, it works differently than it would with a murder charge. A self-defense claim in a murder case can either be imperfect or perfect.

An imperfect defense involves an unreasonable belief that you needed to use deadly force against the victim to protect yourself.

With a perfect claim, there is a reasonable belief you needed to use deadly force to protect yourself or another person, and it involves no wrong-doing on your part.

If you were the aggressor in the situation, and had to use deadly force to protect yourself or another, this is an “imperfect” self-defense.

If charged with murder, a “perfect” self-defense claim typically results in an acquittal, but an “imperfect” claim would result in a reduction to manslaughter charges.

In summary, you cannot use an imperfect self-defense claim in a manslaughter charge. An imperfect self-defense claim, in fact, admits that you did commit manslaughter.

Innocence

If you simply did not commit the act for which you are being charged, then outright innocence is your defense. The prosecution will carry the burden of having to prove that you are guilty of the charges against you. Until the prosecution demonstrates this guilt, the law states that you are innocent.

One way for your attorney at Ringstrom DeKrey to disprove the accusations is to present an alibi. Other way is to attack the strength and validity of the prosecution’s evidence.

Should the jury have any reasonable or logical doubt about your innocence or guilt, they must find you innocent.

Insanity

If you suffered from mental health issues or were “insane” at the time of the crime, the court will not hold you accountable for your actions.

The court will base this defense on your ability to understand your actions and if you knew right from wrong. There are varying standards for what is acceptable for an insanity defense. Generally, though, the prosecution has to show you had a willful intent to commit the crime. If you are insane, there can be no deliberate intent.

The model penal code test for legal insanity is more flexible than other tests used by the courts. The MPC test determines whether you have a relevant mental health condition. These conditions prevented you from understanding that your behavior broke the law.

Intoxication

Being intoxicated at the time of any crime generally will not be an excuse for criminal behavior. This is only a suitable defense if you were forced to ingest drugs or alcohol.