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Prison or Jail Sentences in Murder & Manslaughter Cases

The amount of punishment will vary a lot with your charges. There are numerous factors that influence what sentence you will presumptively receive including (1) the severity of your offense; (2) your criminal history; or (3) if there are other aggravating factors at play. 

1. 1st Degree Murder

(Minn. Stat. § 609.185)

1st degree murder is a mandatory life sentence. 

3. 2nd Degree Murder - unintentional felony or 5th degree assault

(Minn. Stat. § 609.19 Subd. 2)

The maximum prison sentence for 2nd degree murder is 40 years. This is the maximum. It is only in rare circumstances that judges impose the maximum sentence.

 

If you have a criminal history score of 0 and are convicted of 2nd degree murder (subd. 2) with no other aggravating factors, the presumptive sentence is 150 months (12 years and 6 months).  By contrast, if you have a criminal history score of 6, and you are charged with 2nd degree murder (subd. 2), the presumptive sentence becomes 240 months (20 years). 

5. 3rd Degree Murder - drug distribution Schedule I or II

(Minn. Stat. § 609.195(b))

The maximum prison sentence for 3rd degree murder is 25 years. This is the maximum. It is only in rare circumstances that judges impose the maximum sentence.

 

If you have a criminal history score of 0 and are convicted of 3rd degree murder drug distribution with no other aggravating factors, the presumptive sentence is 86 months (7 years and 2 months).  By contrast, if you have a criminal history score of 6, and you are charged with 3rd degree murder (drug distribution), the presumptive sentence becomes 158 months (13 years and 2 months). 

7. 2nd Degree Manslaughter

The maximum sentence is 10 years. 

2. 2nd Degree Murder - Intentional murder or drive by shooting

(Minn. Stat. § 609.19 Subd. 1)

The maximum prison sentence for 2nd degree murder is 40 years. This is the maximum. It is only in rare circumstances that judges impose the maximum sentence.

 

If you have a criminal history score of 0 and are convicted of 2nd degree murder (subd. 1) with no other aggravating factors, the presumptive sentence is 306 months (25 years and 6 months). By contrast, if you have a criminal history score of 6, and you are charged with 2nd degree murder (subd. 1), the presumptive sentence becomes 426 months (35 years and 6 months). 

4. 3rd Degree Murder - Depraved Mind

(Minn. Stat. § 609.195(a))

The maximum prison sentence for 3rd degree murder is 25 years. This is the maximum. It is only in rare circumstances that judges impose the maximum sentence.

 

If you have a criminal history score of 0 and are convicted of 2nd degree murder (depraved mind) with no other aggravating factors, the presumptive sentence is 150 months (12 years and 6 months).  By contrast, if you have a criminal history score of 6, and you are charged with 3rd degree murder (depraved mind), the presumptive sentence becomes 240 months (20 years). 

6. 1st Degree Manslaughter

The maximum sentence is 15 years. 

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