Charges and Potential Defenses in the Case of Negligent and Reckless Discharge of a Firearm in Minnesota
The recent incident in Minneapolis, where a 17-year-old girl was shot as a result of a negligent discharge, has raised important questions regarding charges and potential defenses surrounding such cases. Understanding the legal aspects surrounding firearm discharge is crucial for both law enforcement and individuals involved in these situations. If you are facing serious criminal charges involving a firearm, make sure to consult with an experienced Minnesota criminal defense attorney.
“A reckless discharge of a firearm could result in a felony charge. What if it was just an accident?”
Charges and Potential Penalties
According to Section 609.66 of the Minnesota Statutes, engaging in certain actions with dangerous weapons can result in misdemeanor or gross misdemeanor charges. These actions include:
Recklessly handling or using a gun, explosive, or any other dangerous weapon, thereby endangering someone's safety.
Intentionally aiming any type of loaded or unloaded gun capable of causing harm or death at another individual.
Illegally manufacturing or selling weapons known as slungshots or sand clubs.
Illegally manufacturing, transferring, or possessing metal knuckles or switchblade knives that open automatically.
Possessing any other dangerous object or substance with the intention of using it unlawfully as a weapon against someone.
Allowing or furnishing a child under 14 years old to handle or use firearms, air guns, ammunition, or explosives without parental supervision.
It's important to note that even actions as simple as pointing a gun at someone or mishandling a potentially dangerous firearm can lead to criminal charges due to the serious risk posed to others' lives
However, if the discharge occurs within a municipality in Minnesota, it becomes a felony offense under section 609.66 (1a)(3) of the Minnesota statute. The severity of the penalties varies based on the location of the discharge:
Park zones, public housing zones, or school zones: Firing or discharging a firearm recklessly within these areas is a felony and can result in imprisonment of up to five years and fines of up to $10,000.
Other areas within a municipality: If the discharge occurs in any other location within a municipality, it is also a felony and the potential sentence may be up to two years in prison and fines of up to $5,000.
Possible Defenses
When facing charges of negligent and reckless discharge of a firearm, individuals may utilize various defenses to challenge the allegations against them. It is important to note that each case is unique, and the viability of defenses may depend on specific circumstances. Some potential defenses could include:
Lack of recklessness: Defense attorneys may argue that the discharge of the firearm was unintentional or that the individual did not know, nor should have known, that their actions would cause harm to others. Establishing a lack of recklessness can help mitigate the charges.
Misidentification: In cases where there may be multiple individuals involved, the defense may assert that the prosecution has wrongly identified the person responsible for the reckless discharge. Demonstrating a reasonable doubt can be crucial in achieving a favorable outcome.
Self-defense: In certain situations, the discharge of a firearm could be claimed as an act of self-defense. It may be argued that the individual discharged the firearm to protect themselves or others from imminent harm. Establishing a valid self-defense claim requires demonstrating a reasonable belief of immediate danger.
Involuntary conduct: If the defense can show that the reckless discharge resulted from a condition or circumstance beyond the defendant's control, they may argue for a reduced charge or even dismissal.
“The driving issues behind gun charges are frequently location, behavior and frequently potential injuries.”
Conclusion
The charges and potential defenses surrounding cases of negligent and reckless discharge of a firearm require careful consideration of the specific circumstances involved. Understanding Minnesota's laws, seeking appropriate legal advice, and presenting a strong defense are essential when facing such charges. While these potential defenses exist, it is crucial for gun owners to prioritize responsible firearm use, diligently adhere to safety measures, and stay informed about relevant regulations to prevent accidents and promote public safety.
If you are facing serious criminal charges involving weapons, make sure to sit down with an experienced Minnesota criminal defense attorney. Jack Rice is a nationally recognized criminal defense attorney based in St. Paul, MN. Jack, the Founder of Jack Rice Defense more than 25 years ago, is also a former prosecutor, a former CIA Officer and a Board Certified Criminal Law Specialist. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life is on the line, make sure Jack Rice Defense is by your side.