Q: New aiding and abetting laws in Mn
My fiancé with two other people were in a bar fight in 2015. The victim refused medical attention, stayed at the bar after my fiancé left and died hours later of a heart arrhythmia. My fiancé was convicted of 2nd degree murder unintentional and sentenced to 21 years in prison. He has been incarcerated for 9 years.
A: You are correct that there is a new aiding and abetting law in the context of felony murder in Minnesota, but whether the new law is applicable to your fiancé's situation requires additional information. With that said, the new law dictates that a person cannot be charged under the state's aiding and abetting felony murder doctrine if the person neither caused or intended to cause death or acted as a major participant in the underlying felony offense. This new law is also retroactive, meaning that those already sentenced may apply to have their conviction vacated. You should consult with an experienced criminal defense attorney to determine whether your fiancé's conviction may be vacated.
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