Unintentional shootings may result in criminal charges, from misdemeanors due to negligence to felony manslaughter. Fatal accidental shootings carry more severe charges. Whenever you find yourself in a situation where you could face criminal charges for accidentally shooting someone, it is crucial to have a criminal defense attorney by your side. Your attorney will safeguard your rights, identify the most suitable legal defense and arguments to present, and develop a strategic approach to weaken the prosecution’s case, thereby reducing the likelihood of conviction.
An unintentional shooting generally refers to a situation where a firearm is discharged accidentally or without the intent to harm or kill another person. It is also commonly referred to as accidental shooting or accidental discharge.
Criminal Categories of Unintentional Shootings:
Negligent Discharge of a Firearm: The negligent discharge of a firearm is a misdemeanor offense. The governing law is Minn. Stat. 609.66, Subd. 1a, which provides that a person can be charged with a crime if they, “recklessly handle or use a firearm or dangerous weapon so as to endanger the safety of another.” This applies in situations where a person’s reckless behavior leads to the discharge of a firearm or dangerous weapon, thereby posing a risk to the safety of others.
The negligent discharge of a firearm in Minnesota falls under the broader category of reckless conduct. While the statute does not use the specific term “negligent discharge of a firearm,” it covers the actions that result in such a discharge due to reckless handling or use.
It is important to seek legal advice from an expert attorney, to understand the exact provisions and potential consequences associated with the negligent discharge of a firearm in Minnesota.
Reckless Endangerment: Reckless endangerment of another person, pursuant to Minn. Stat. § 609.66 Subd. 1, may result in either misdemeanor or gross misdemeanor charges. Reckless endangerment may be alleged where a firearm is recklessly handled in a manner which endangers others (Minn. Stat. § 609.66 Subd. 1(1)), or where a loaded or unloaded gun capable of injuring or killing a human being is pointed at another person (Minn. Stat. § 609.66 Subd. 1(2)). Reckless endangerment does not require the discharge of a firearm.
Reckless endangerment is charged as a misdemeanor when the offense took place on residential premises, and the offender was legally permitted to be on the premises. (Minn. Stat. § Subd. 1(b)(2)(1)).
Reckless endangerment is charged as a gross misdemeanor when the act was committed in a public housing zone, a school zone, or a park zone. (Minn. Stat. § 609.66 Subd. 1(b)(1)).
Reckless Discharge of a Firearm: If a person recklessly discharges a firearm within a municipality, they are subject to felony charges, under Minn. Stat. § 609.66 Subd. 1a(3). The reckless discharge of a firearm results when, showing a disregard for the safety of others, a gun is fired.
Criminally negligent homicide/Manslaughter: Manslaughter is a felony-level offense under Minn. Stat. § 609.205. In cases where an unintentional shooting results in the death of another person, through negligent or reckless behavior, an individual may face manslaughter charges. Also referred to as criminally negligent homicide, this offense may be proper charged where the offender causes the death of another person by their “culpable negligence.”
Culpable negligence is defined as the “gross deviation from the standard of care that a reasonable person would observe in the situation.” In other words, culpable negligence involves a severe lapse of judgment, or a failure to exercise reasonable care which leads to the death of another person.
Criminal offense levels defined:
Misdemeanor: A misdemeanor is a criminal offense under Minn. Stat. § 609.02 Subd. 3. The maximum penalty for a misdemeanor offense in Minnesota is up to 90 days in jail, a fine of up to $1,000, or a combination of both.
Gross Misdemeanor: A gross misdemeanor, pursuant to Minn. Stat. § 609.02 Subd. 4, is a crime for which the maximum penalty is not more than 1 year in jail, a fine of $3,000, or a combination of both.
Felony: A felony is a category of criminal offense that is more severe than a misdemeanor. Felonies are typically punishable by imprisonment in a state correctional facility, fines, or both. The specific definitions and penalties for felonies in Minnesota can be found in Minn. Stat. § 609.02 Subd. 2.
Charges for An Accidental Shooting in Minnesota
Manslaughter Charge:
In Minnesota, when one person fatally shoots another, they can be charged with second-degree manslaughter under Minnesota state law. This offense, commonly referred to as criminally negligent homicide, occurs when someone’s grossly negligent actions or inherently risky behavior causes another person’s death. Courts consider various factors when deciding on sentences for manslaughter convictions, considering both mitigating and aggravating circumstances. Typically, the resulting sentences involve imprisonment for a maximum of 10 years, fines up to $20,000, or a combination of both.
Second-degree manslaughter is defined as a felony under Minnesota Statutes Section 609.205 Subd. 2. Second-degree manslaughter is a criminal offense that involves causing the death of another person by culpable negligence, meaning that the defendant created an unreasonable risk and consciously took chances of causing death or great bodily harm. When involving a firearm, the culpable negligence of the offender lead to the actual shooting of another.
Culpable negligence involves an extreme departure from what would be considered ordinary care or caution.