Were you or a loved one charged with murder?
Do you need help understanding what to do next? 

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Different types of murder charges are used to classify the offenses, but they all have grave consequences. On our consult, I can walk you through the types of murder charges and help you figure out the next best steps for your specific charge(s).

More about Murder Charges

Murder is the act of deliberately taking a person’s life. There are several levels of murder charges in Maryland:

• Murder in the First degree

• Murder in the Second degree

• Felony Murder

First Degree Murder

This is defined as premediated murder of another person.

Those convicted of first degree murder face two possible penalties:

• Life in prison with the possibility of parole

• Life in prison without the possibility of parole

Second Degree Murder

The difference between first degree and second degree murder is that second degree lacks premeditation. This occurs, for example, when an individual kills someone in the heat of an argument. They intended to kill or cause serious bodily harm at that moment, but they had not planned to do so ahead of time.

The punishment for second degree murder is life in prison with or without the possibility of parole.

Felony Murder

Felony murder is the act of killing an individual while committing a felony crime, such as Possession with Intent to Distribute, Robbery or Burglary. For instance, if the defendant was robbing an establishment and, in the process of his escape, he accidentally ran over a security guard, he could be charged with felony murder.  If convicted, the defendant faces a felony murder sentence, which could mean life in prison.

Attempt to Commit Murder

Attempting to kill another person still carries very harsh penalties. If an individual attempts to commit murder in the first degree, that individual faces a felony conviction with a sentence of up to life in prison. If an individual attempts to commit murder in the second degree, that individual faces a felony conviction with a sentence of up to 30 years in prison.

Manslaughter

Manslaughter retains its judicially determined meaning, which means that it has kept its common law definition. The common law definition for manslaughter is when the perpetrator (1) kills another person (2) without deliberation (i.e. thinking over the act and then deciding to do it) or without the intent to kill, or (3) with mitigating circumstances (like being provoked, being in a fight, or only intending to do bodily harm). However, in the state of Maryland the law explicitly states that discovering one’s spouse committing adultery is not a permissible mitigating factor. 

This means that it cannot be used to lower a charge from murder in the second degree to voluntary manslaughter. Voluntary manslaughter is a felony punishable by up to 10 years in prison. Section 2-207(a)(1). Involuntary manslaughter (e.g., killing someone while driving under the influence of alcohol as a result of being impaired) is also a felony but carries a slightly lesser punishment: up to two years in prison and/or a fine of up to $500.

Negligent Manslaughter

It is illegal for an individual to kill another person as a result of the individual operating a vehicle in a blatantly unsafe manner so grossly negligent that the perpetrator must have known the risk or simply failed to care. In such a case, such conduct is considered manslaughter by vehicle and it is a felony punishable by up to 10 years in prison and/or a fine of up to $5,000. If an individual kills another person as a result of the individual operating a vehicle in a criminally unsafe manner, it is a considered criminally negligent manslaughter by vehicle. Conduct is considered criminally negligent when (1) the driver fails to understand that the driver’s conduct is creating a significant and unjustifiable risk of death to another, and (2) such failure to perceive is a huge deviation from a reasonable drivers’ standard of care. If a driver is guilty of this misdemeanor, then the driver faces up to three years in prison and/or a fine of up to $5,000.

There are many possible strategies to defend against the different types of murder charges. 

Common defenses include diminished capacity or self-defense, among others. We will determine the best strategy for your defense using the details of your case.

Diminished Capacity

When using the diminished mental capacity defense, the defendant’s ability to form intent is questioned. If it is unclear whether the defendant fully intended to commit the crime, it’s possible that he will be held accountable for a lesser charge, or even be acquitted. Those with diminished capacity include the mentally ill, individuals who are mentally impaired due to intoxication or head trauma, and minors.

Not Criminally Responsible

People who have mental disorders can be found not criminally responsible. In this case, the person is not freed, but is often placed in a mental institution to get the care that they need.

Self-Defense

If the defendant acted out of self-preservation, the jury might deem the offense a justifiable homicide. As a result, the defendant would be acquitted of that particular charge.