State of Minnesota v. Elias-Kareem Hany Aly

St. Paul, Minnesota criminal defense lawyer represented the Defendant who was charged with second-degree murder without intent while committing a felony.

Elias-Kareem Hany Aly, 21, for h killing a smoke shop employee in St. Paul in 2023.





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Section 609.19



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2015 Subd. 1 Amended 2015 c 21 art 1 s 99

1998 Subd. 1 Amended 1998 c 367 art 2 s 8

1996 609.19 Amended 1996 c 408 art 4 s 8

1995 609.19 Amended 1995 c 226 art 2 s 16



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609.19 MURDER IN THE SECOND DEGREE.

Subdivision 1.Intentional murder; drive-by shootings.



Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years:



(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or



(2) causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, paragraph (a), clause (3).

§

Subd. 2.Unintentional murders.



Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:



(1) causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or



(2) causes the death of a human being without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection and the victim is a person designated to receive protection under the order. As used in this clause, "order for protection" includes an order for protection issued under chapter 518B; a harassment restraining order issued under section 609.748; a court order setting conditions of pretrial release or conditions of a criminal sentence or juvenile court disposition; a restraining order issued in a marriage dissolution action; and any order issued by a court of another state or of the United States that is similar to any of these orders.

Defendant was sentenced to 13.75 (165 months) in prison, with credit for 498 days already served. As part of the sentencing, Aly must also pay $5,145.77 in restitution.