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Drive-By Shooting Criminal Defense

Drive-By Shooting

3 months ago by Justin M. Schiks
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Drive-by shootings are not just dangerous, but they also come with serious legal consequences in Minnesota. A drive-by shooting is defined as discharging a firearm from a vehicle or towards a car or building. Whether or not someone is injured, the law treats these offenses severely. Knowing the legal implications and potential defenses is critical if you or someone you know is facing charges for a drive-by shooting. At JS Defense, we’ve helped many clients manage the intricacies of criminal charges and are here to assist you, too.

Drive-By Shooting Law in Minnesota

What is considered a drive-by shooting under Minnesota law? In the state, drive-by shootings are governed under Minnesota Statute 609.66. The law makes it clear that firing a gun from a moving vehicle or towards a building or vehicle is classified as a felony. It doesn’t matter if the shooter intended to hit a person or not; the act itself is enough to trigger serious legal consequences.

The law treats drive-by shootings as inherently dangerous because they often involve the reckless use of firearms, putting innocent bystanders at risk. Even if no one is physically injured in the shooting, you can still face severe penalties, including long-term imprisonment and hefty fines.

For those in Roseville or surrounding areas facing this charge, seeking legal counsel immediately is crucial. Minnesota takes these offenses seriously, and sanctions often escalate if anyone is harmed or killed. 

Minnesota Statutes

Minnesota Statutes 609.66 and 609.19 cover the legal definitions and penalties for drive-by shootings. Statute 609.66 specifically addresses discharging a firearm from a vehicle. The law explicitly states: “Whoever, while in or having just exited a motor vehicle, recklessly discharges a firearm at or toward another motor vehicle or a building, is guilty of a felony.”

On top of this, the state also has specific provisions for murders that occur during a drive-by shooting. Under Minnesota Statute 609.19, if someone is killed during a vehicle-based shooting, the offense can escalate to intentional murder, carrying penalties of life imprisonment or long-term sentences without parole. “Whoever, while in a motor vehicle, fires at or towards another vehicle or person, causing death, may be charged with second-degree murder.”

Interpreting these statutes is essential when facing related charges. The penalties vary based on the incident’s circumstances, including the location, whether injuries occurred, and whether multiple victims were involved. But even the most straightforward case of discharging a firearm from a vehicle can lead to a life-altering sentence.

Potential Charges of a Drive-By Shooting in Minnesota

Depending on the specifics of the situation, several charges can stem from a vehicle-based shooting. Here are some of the most common charges related to this event in Minnesota:

  • Felony for Discharging a Firearm from a Vehicle: This is the baseline charge for most drive-by shootings and can result in multiple years of imprisonment, even if no one is injured.
  • Second-Degree Murder: If a vehicular shooting incident leads to a death, the shooter could face second-degree murder charges, even if the death was unintentional. Minnesota law allows prosecutors to seek harsh penalties in such cases, including potential life sentences.
  • Reckless Endangerment: Even if no one was harmed, you could still face charges for recklessly endangering others by firing a gun in a public space.
  • Assault Charges: If the shooting results in injuries, you may be charged with assault alongside the felony charge of a drive-by shooting. This can lead to additional penalties, including longer prison sentences and higher fines.

In all these cases, the charges can quickly escalate depending on factors such as the number of people present, whether any bystanders were injured, and the shooter’s prior criminal record.

What Are the Drive-By-Shooting Related Crimes?

These events often come with additional criminal charges, significantly increasing penalties if convicted:

  • Weapons Violations: Possessing an unlicensed or illegal firearm during the shooting can result in additional charges, leading to longer sentences and higher fines.
  • Gang Affiliation: If linked to gang activity, penalties can be increased, sometimes doubling prison time.
  • Conspiracy: Involvement in planning the shooting can result in conspiracy charges, even without firing the weapon.
  • Attempted Murder: If the shooting aimed to kill but failed, attempted murder charges may apply.

Multiple charges complicate the defense but can create plea deals or charge reduction opportunities.

Don’t Let a Drive-By Shooting Ruin Your Life. Contact Us Today

At JS Defense, we specialize in serious charges and guide clients through every stage of the legal process. Contact JS Defense at 1-952-295-4167 or visit our Roseville, MN, office to schedule a free consultation and build a strong defense strategy.


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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Justin M. Schiks who has more than 20 years of legal experience as a personal injury attorney.

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