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KEYSER LAW BLOG


Defenses to Homicide in Minnesota
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Category: Homicide

Defenses to Homicide in Minnesota

A homicide charge is terrifying. But what if your whole story isn’t being heard? In Minnesota, the law recognizes that context matters. Maybe you acted in self-defense, perhaps it was an accident, or maybe you were in the wrong place at the wrong time. The law acknowledges these possibilities, but it doesn’t automatically work in your favor. You have to prove it.

 

That’s why understanding your defense options is critical. It’s not just about knowing your rights—it’s about presenting your truth effectively. The stakes are too high to face this alone, and your freedom depends on how well your defense is built. Contact our Minneapolis, MN criminal defense lawyers at Keyser Law P.A. to explore your options and protect your future.

 

Understanding Homicide Charges in Minnesota

 

  • First-Degree Murder: This is the most severe homicide charge, involving premeditated intent to kill or deaths occurring during the commission of certain felonies, such as sexual assault or burglary. A conviction results in life imprisonment without the possibility of parole.
  • Second-Degree Murder: This charge can be intentional but without premeditation or unintentional, occurring during the commission of a felony. The maximum penalty is 40 years in prison.
  • Third-Degree Murder: This involves causing death by perpetrating an act eminently dangerous to others, without regard for human life. Conviction can lead to up to 25 years in prison.

 

Manslaughter

 

  • First-Degree Manslaughter: Involves causing death in the heat of passion or during certain misdemeanors. Punishable by up to 15 years in prison.
  • Second-Degree Manslaughter: Involves culpable negligence, creating an unreasonable risk. Carries a penalty of up to 10 years in prison.

 

Common Legal Defenses to Homicide

 

Common Legal Defenses to Homicide

 

Self-Defense

 

In Minneapolis, you have the right to defend yourself if you genuinely believe you’re in danger of death or serious injury. This is known as self-defense, but it’s not as simple as claiming you were scared. You have to prove that your fear was reasonable and that the force you used matched the threat you faced. For example, using deadly force is only justified if you genuinely believed your life was in immediate danger.

 

Minnesota also follows the Castle Doctrine, which means you don’t have to retreat if someone threatens you in your own home. However, outside your home, there’s generally a Duty to Retreat—meaning you should try to avoid confrontation if it’s safe to do so.

 

Defense of Others

 

Just like you can defend yourself, Minnesota law allows you to protect someone else from harm. But you have to believe that the person you’re protecting was in immediate danger of serious harm or death. And just like self-defense, the amount of force you use must be reasonable. For example, if someone was about to be attacked with a deadly weapon, you could use deadly force to protect them. But if it were just a minor scuffle, lethal force wouldn’t be justified.

 

Accidental Killing (Lack of Intent)

 

Sometimes, a death is purely accidental. If no criminal intent or negligence was involved, it might be considered an accident, not a crime. For example, if someone slipped and fell accidentally without any reckless behavior on your part, it’s an accident. But if your careless actions caused the death, it might be considered manslaughter instead.

 

Mental Incapacity or Insanity Defense

 

This defense is used when a person is unable to understand their actions or doesn’t know right from wrong due to a severe mental illness. However, proving insanity is challenging and requires substantial evidence from mental health professionals. Minnesota courts carefully examine this defense, which often involves complex psychological evaluations.

 

Duress or Coercion

 

Duress means you were forced to commit the act because you were threatened with immediate harm or death. However, this defense is challenging in homicide cases because the law generally expects people to resist taking another’s life, even under threat. It’s a narrow defense that applies only in extreme situations.

 

Mistaken Identity or Alibi

 

If you weren’t present at the crime scene or were mistakenly identified, you could raise an alibi or mistaken identity defense. This involves presenting evidence showing you were somewhere else or proving that the witnesses were wrong about who they saw.

 

Justifiable Homicide

 

Certain situations make a killing legally justified, such as when law enforcement acts in the line of duty. However, these cases are specific and require a thorough examination of the facts and circumstances.

 

Connect with a Minneapolis, MN Criminal Defense Attorney Now

 

Connect with a Minneapolis, MN Criminal Defense Attorney Now

 

Homicide charges don’t just threaten your freedom—they threaten your entire future. From your reputation to your family and career, everything is on the line. But you don’t have to face this alone.

 

At Keyser Law P.A., our criminal defense attorneys know how the system works, so we take the time to understand your side of the story. We don’t just look at the charges—we look at the circumstances, the evidence, and the truth behind the allegations. Our approach isn’t one-size-fits-all. We craft defenses that fit your unique case because no two stories are alike.

 

Call a Minneapolis, MN criminal defense lawyer at (612) 338-5007 or get in touch through our online form. Your future is worth defending, and Keyser Law is ready to get to work.


If You Need a Top Minnesota Criminal Lawyer Call 312-338-5007

MINNEAPOLIS & ST. PAUL CRIMINAL DEFENSE & DWI LAW FIRM SERVING

 

With offices in Minneapolis and Stillwater, Minnesota, Keyser Law, P.A. handles cases throughout the Minneapolis-St. Paul metropolitan area including:

 

HENNEPIN COUNTY

 

Bloomington, Brooklyn Center, Brooklyn Park, Champlin, Chanhassen, Corcoran, Crystal, Dayton, Deephaven, Eden Prairie, Edina, Excelsior, Golden Valley, Greenfield, Greenwood, Hanover, Hopkins, Independence, Long Lake, Loretto, Maple Grove, Maple Plain, Medicine Lake, Medina, Minneapolis, Minnetonka, Minnetrista, Mound, New Hope, Orono, Osseo, Plymouth, Richfield, Robbinsdale, Rockford, Rogers, Shorewood, Spring Park, St. Anthony Village, St. Bonifacius, St. Louis Park, Wayzata, Woodland and Hassan Township.

WASHINGTON COUNTY

 

Afton, Bayport, Birchwood Village, Cottage Grove, Dellwood, Forest Lake, Grant, Hugo, Lake Elmo, Lake St. Croix Beach, Lakeland Shores, Lakeland, Landfall, Mahtomedi, Marine on St. Croix, Newport, Oak Park Heights, Oakdale, Pine Springs, Scandia, St. Marys Point, St. Paul Park, Stillwater, Willernie, White Bear Lake, Woodbury, Baytown, Denmark, Grey Cloud Island, May, West Lakeland, Garen and Point Douglas.

RAMSEY COUNTY

Arden Hills, Blaine, Falcon Heights, Gem Lake, Lauderdale, Little Canada, Maplewood, Mounds View, New Brighton, North Oaks, North St. Paul, Roseville, Shoreview, St. Anthony, St. Paul, Spring Lake Park, Vadnais Heights, White Bear Lake and White Bear Lake Township.

ANOKA COUNTY

Andover, Anoka, Bethel, Blaine, Centerville, Circle Pines, Columbia Heights, Columbus, Coon Rapids, East Bethel, Fridley, Ham Lake, Hilltop, Lexington, Lino Lakes, Nowthen, Oak Grove, Ramsey and St. Francis.

DAKOTA COUNTY

Apple Valley, Burnsville, Coates, Eagan, Farmington, Hampton, Hastings, Inver Grove Heights, Lakeville, Lilydale, Mendota, Mendota Heights, Miesville, New Trier, Northfield, Randolph, Rosemount, South St. Paul, Sunfish Lake, Vermillion and West St. Paul.

MINNEAPOLIS