Maryland Murder and Manslaughter Criminal Lawyers

When law enforcement believes someone has killed another – homicide – there are numerous types of charges they can levy depending on the circumstances.  

Manslaughter 

Maryland law generally defines this as being responsible – either through direct actions or irresponsible inaction – for the death of another.  

Unlike other homicide-related charges, prosecutors do not need to prove “malicious intent” behind the victim’s death. Their case is designed to prove that the accused in some way caused or was otherwise responsible for the untimely death. 

Possible circumstances in which manslaughter could be charged include: 

• A small child drowning in a swimming poll as the supervising adult was distracted; 
• A DUI-related car crash in which someone died, also known as vehicular manslaughter; or 
• A gun misfiring to shoot a bystander, either due to poor handling or simple mechanical failure. 

Second Degree Murder 

This charge is a bit of an odd shade of grey between manslaughter and first degree murder – what most people traditionally think of when someone says “murder charge.” 

Second degree murder is a catch-all charge for the part of the Maryland criminal laws that simply outlaws any type of murder, regardless of intent.  

For example, killing someone in a fit of rage or in a fist fight – even if you didn’t mean to – could still result in second degree murder charges. 

First Degree Murder 

This is the most severe charge of murder. To be convicted of first degree murder, the prosecution must prove one of three things: 

• The defendant intended to kill someone (“deliberate”) or planned the act ahead of time (“premeditated”); OR
• The defendant purposefully stalked their victim and waited for a specific time at which to kill them (“lying in wait”); OR 
• The defendant killed the victim by poison. 

Murders that occur during other illegal crimes can also become first degree murder charges, even if they weren’t premeditated or intended. What might have been a manslaughter or second degree murder charge is elevated by compounding the charges in the situation. 

Killing someone during any of these other crimes may result in a first degree murder charge: 

• Escaping from jail or prison 
• Burglary and robbery 
• Kidnapping 
• Rape and other sex crimes 

Attempted First and Second Degree Murder 

Finally, a murder doesn’t have to take place for a prosecutor to charge someone with homicide-related charges. Law enforcement can prosecute what they believe to be attempted murders. 

If someone tries but fails to kill another, then they can be charged with attempted first degree murder. 

Or, if a spouse comes home to see their adulterous partner in bed with another, then that spouse grabbing a gun and wildly firing it in their general direction could result in an attempted second degree murder charge. 

First: Maryland still maintains the death penalty for those convicted of first degree murder. 

In most circumstances, many of those convicted on some sort of homicide-related charge will keep their life, but still suffer severe penalties. 

• First degree murder: Life in prison, with or without parole. A criminal record, too – not that you’ll be free for that to follow you into your personal and professional life. 
• Second degree murder: Up to 30 years in prison and a felony on your record. 
• Attempted first degree murder: Again, up to life in prison – with or without parole. However, the prosecution is not permitted to ask for the death penalty as part of their sentencing recommendations. 
• Attempted second degree murder: Just like completed second degree murder, sentences go up to 30 years in prison and a permanent criminal record. 

How and what is charged is often a matter of perspective. The prosecution may seek a charge that is actually unreasonable, given the circumstances of the case.  

A criminal defense lawyer who’s defended hundreds of other murder cases will know exactly how to change the judge and jury’s perspective on the situation to show their client’s side of the story. 

For example, attempted second degree murder can actually be incorrect, with the proper charge being aggravated assault – a still serious charge, but one that won’t result in 30 years in prison. 

There’s the matter of proving intent, as well. Can someone not in their right mind or of their full capacity be able to truly, legally have intent to kill someone? What if they’re drunk, or coerced into it by an outside force? Is it their intent to kill, or is it another party’s? 

For that matter, should joking around, saying, “I’m gonna kill you” out of annoyance, and then having that person die the next day, automatically make someone the chief suspect? 

Should a grieving parent have to deal with a merciless prosecution charging them with killing their own child on top of their world ending? 

No. And that’s when you bring in JC Law: To be your defender and champion when everything else is falling apart.