1. What are the crimes associated with shooting guns?

Six of the most common crimes for shooting a firearm are described below. ​

  1. 2nd Degree Assault (bodily harm)
  2. 1st Degree Assault
  3. Reckless Discharge of a Firearm
  4. Drive By Shooting
  5. Murder
  6. Manslaughter

(1) 2nd Degree Assault (bodily harm) – Minn. Stat. § 609.222 subd. 2

Unlawfully shooting someone and causing substantially bodily harm is a felony 2nd degree assault.

 (2) 1st Degree Assault – Minn. Stat. § 609.221

Unlawfully shooting someone and causing great bodily harm is a felony 1st degree assault. If one uses deadly force against a peace officer, prosecuting attorney, judge, or correctional employee, it is felony 1st degree assault regardless of the amount of harm actually inflicted.

(3) Reckless Discharge of a Firearm – Minn. Stat. § 609.66 subd. 2 (2, 3)

Whoever (1) intentionally discharges a firearm under circumstances that endanger the safety of another; or

(2) recklessly discharges a firearm within a municipality can be convicted under the dangerous weapons statute for reckless discharge. This is a felony level offense

(4) ​Drive By Shooting – Minn. Stat. § 609.66 subd. 1e

When a person who is in a motor vehicle or who has just exited one, shoots recklessly at a building, car, or person, this is a felony drive by shooting offense.

(5) Murder – Minn. Stat. 609.185; 19; 195

If you are charged with 1st, 2nd, or 3rd degree murder, click the links for more information.

(6) Manslaughter – Minn. Stat. § 609.20; 205

If you are charged with 1st or 2nd degree manslaughter, click the links for more information.

2. What’s at Stake?

There are many negative consequences that can come from a conviction for a gun offense:

  1. ​Prison or Jail Sentence
  2. Court Fines
  3. Loss of Gun Rights
  4. Impact on Career
  5. Probation Violations

3. What are you up against?

If you look at the caption of the case, it says the “State of Minnesota v. [Your name]”. It’s not a fair fight. It’s one person versus the government. Learn about the various forces you are going against:

  1. ​​Prosecutors
  2. Police
  3. The Legislature

4. What’s going for you?

You don’t need to take your charges sitting down. ​Hire a skilled criminal defense attorney. Peter Lindstrom has been trained at the state’s best seminar in litigating gun cases. Just an example of a few defenses in gun cases are:

  1. ​Proximity is not possession
  2. DNA transfer
  3. Self-defense
  4. 4th amendment violations
    1. warrantless car search​
    2. Defective search warrant
    3. Illegal stop of your car

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Contact Subzero Criminal Defense and we can start working on your case as soon as today. (651-248-5142)

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Gun Charges