First Degree Murder
Under Maryland Criminal Code § 2-201 first degree murder is defined as a murder that meets one of the following criteria:
- premeditated, willful, or deliberate
- committed by a person who waited for the victim to arrive (lying in wait)
- was by poisoning
In addition, Maryland Criminal Code also considers murders that take place during the commission of another serious crime first degree murders under certain circumstances. For example, a murder that occurs during an arson of a non-dwelling barn or storage house can be considered murder in the first degree. Other crimes include:
- burglary
- escape from a correctional facility
- carjacking
- mayhem
- kidnapping
- rape
- sodomy
- sexual offenses
- robbery
A Maryland homicide attorney can help you understand your charges, which is especially vital when facing any felony murder charges in the state. Even if you don’t consider a murder premeditated due to a lack of planning, the State still could find that you are guilty of first degree murder if your alleged crime meets other criteria.
Attempted First Degree Murder
If a homicide is not successful, the accused can still face charges in Maryland under Criminal Code § 2-205, which outlines the definition of attempted first degree murder. The crime is still a felony like first degree murder, but the prosecution cannot seek the death penalty. The maximum penalty for attempted first degree murder is life imprisonment.
First Degree Murder Sentencing
The State of Maryland is harsh on those convicted of first degree murder under § 2-201, requiring that one of three sentences be handed down by a judge upon conviction. These sentences can be:
- death
- life imprisonment (no possibility of parole)
- life imprisonment
A sentence of death can be handed down pursuant to § 2-202 and Subtitle 3 of Title 2, while life imprisonment without the possibility for parole can be handed down under Subtitle 3 § 2-203 and § 2-304 under Title 2. The death penalty is determined in a separate sentencing immediately following a guilty verdict for first degree murder. In order to seek the death penalty, the prosecution must submit a request to do so 30 days before the trial begins.
Second Degree Murder
Second degree murder, covered under Maryland Criminal Code § 2-204, makes it illegal to commit any murder, even if it was not premeditated, willful, or deliberate. The distinction between second degree murder and manslaughter is in the intent. Therefore, a second degree murder must be intentional. For example, accusations made by the State that a defendant murdered another person in a fit of unplanned rage would likely result in second degree murder charges. It’s important to note that the murder of a police officer can be charged as first degree murder, even if the homicide is not premeditated.
Second degree murder is a felony in Maryland, but is associated with a lighter sentence than first degree murder. Those convicted of this crime face a prison sentence of up to 30 years. A Maryland homicide defense attorney can help you plea down second degree murder charges, or secure a second degree murder conviction when the State sought first degree murder.
Attempted Second Degree Murder
Unlike attempted first degree murder, the potential sentence for attempted second degree murder has the same maximum potential sentence as second degree murder itself. Under § 2-206 in the Maryland Criminal Code, a person convicted of attempted second degree murder faces up to 30 years imprisonment.
Aggravated assault is often confused for attempted second degree murder by the State, which makes it absolutely vital that you seek a qualified Maryland homicide lawyer. A defense lawyer can argue that your alleged crime was not an attempted murder, and was instead assault. While still a felony, the sentence for aggravated assault is often less severe than attempted second degree murder.
Manslaughter
According to the State of Maryland, a person can still be convicted of a felony for killing another person, even if there was no malice aforethought in the crime. For example, the improper operation of large machinery that results in the death of a passerby could be considered manslaughter in Maryland. A Maryland homicide lawyer can examine your case for the possibility of manslaughter, even if you’re facing more serious charges like second degree murder.
Under § 2-207(b), the murder of another party found having sexual intercourse with a spouse, or murder of the spouse, does not constitute a manslaughter instead of a murder. This applies even if the defense can establish that the murder was solely provoked by the sudden discovery of spousal adultery.
Under Maryland Criminal Code § 2-207, the sentence for manslaughter in the state of Maryland is imprisonment for not more than 10 years, or a jail term no more than 10 years and/or a $500.00 fine. The penalty for manslaughter varies widely based on the specifics of the crime and your case as presented by a qualified Maryland manslaughter lawyer.
Assault in the First Degree
You may be charged with this, the most serious of assault offenses, if you are accused of:
- Intentionally causing serious physical injury to another,
- Attempting to cause serious physical injury to another, or
- Committing an assault with a firearm.
Serious physical injury includes those injuries that cause a risk of death or permanent damage.
First degree assault is classified as a
felony and punishable by up to 25 years in the state prison.
Ref: MD. Code §3-202
Second Degree Assault
Less serious than first degree assault, though still considered a serious offense is second degree assault. You could be facing this charge if you are accused of any general assault that does not classify under the rules of First Degree Assault.
In other words, if you touch someone else in an unwanted manner that could be perceived as unwanted, offensive, or potentially harmful (whether or not it causes injury), you could be charged with this offense.
Generally, assault in the 2nd degree is a
misdemeanor though it carries a maximum potential sentence of 10 years. However, if the assault was committed on a law enforcement or probation officer, that assault charge will be entered as a
felony.
everyone talking about it's not attempted murder, it's manslaughter, makes absolutely no sense. How can you be charged with manslaughter if someone doesn't die?
i'm just shocked at all these dudes cosigning this teen having his life ruined over a fight, indefinitely. while we can't even get a racist cop indicted, let alone imprisoned for a year. but nikkas in here talkin bout he deserves 35 yrs. nah, fukk that. nikkas are harder on our own then we are on non-blacks that kill us.
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lock him up and throw away the key.
