Helping You Understand Murder, Manslaughter And Attempted Murder Charges
The most serious crime that anyone can commit would be one that resulted in the death of another human being. A handful of charges can result from the intentional or unintentional death of another and if charged with any of them, a defendant can be facing the most severe consequences including life in prison.
What Is First-Degree Murder In Maryland?
First-degree murder is generally defined as the premeditated, willful or deliberate act of murder. In the state of Maryland, you can also be charged with first-degree murder through a charge called “felony murder.” To be charged with felony murder, an individual must have died while the defendant was in the commission of a felony.
So for example, if you rob a store (which is a felony act) and end up shooting and killing someone in the process, you can be charged with felony murder. If charged with first-degree murder, you face a potential life sentence.
When Self-Defense Becomes A Central Issue In A Maryland Homicide Case
Not every homicide allegation begins with criminal intent. In some cases, the central question is whether a person reasonably believed force was necessary to prevent serious harm or death. Maryland law recognizes self-defense, but it also imposes limits on when that defense applies.
One issue that frequently arises is Maryland’s “duty to retreat.” Outside limited circumstances, a person may be required to retreat if a safe avenue of escape exists before using deadly force. Prosecutors often focus heavily on this issue when building a homicide case. The defense, however, may challenge whether retreat was realistically possible under the circumstances.
Understanding Second-Degree Murder Charges In Maryland?
Often called depraved-heart murder, second-degree murder is generally defined as any murder committed without premeditation, willfulness, or deliberation. For example, if you kill someone in a fit of rage, you will likely be charged with second-degree murder. If charged with second-degree murder, you face 40 years in jail.
What Is Manslaughter?
Manslaughter is different than murder because manslaughter typically means that there was no intent to commit a murder without premeditation. Manslaughter is often used as a bargaining chip by attorneys to attempt to plea more serious charges downward to manslaughter. This is because manslaughter carries a maximum penalty of 10 years in jail. Manslaughter also includes things like vehicular manslaughter.
Gross negligence manslaughter applies when a person operates a vehicle with a wanton and reckless disregard for human life. Conversely, criminal negligence (CR § 2-210) involves a failure to perceive a substantial and unjustifiable risk that a conduct will result in death, carrying a maximum penalty of three years in prison.
Understanding Attempted Murder In Maryland
If you are charged with an attempt of committing either murder or manslaughter, it means that while no one died from your actions, you still took a substantial step toward committing one of those crimes. If you are charged with attempted murder, you face the maximum penalties of the charge that you are accused of attempting. For example, attempted first-degree murder carries a maximum possible penalty of life.
Defense Strategies That Can Reduce A Murder Charge
Even when traditional self-defense may not fully apply, other legal arguments can significantly affect the outcome of a case. The following defenses may become important during the case:
- Imperfect self-defense: A defendant may have honestly believed force was necessary, even if that belief is later viewed as unreasonable. This argument can reduce a murder allegation to manslaughter under certain circumstances.
- Lack of premeditation: The prosecution must prove specific elements for first-degree murder. Challenging evidence of planning or intent may weaken the state’s position and support a lesser charge.
- Failure of proof: Prosecutors carry the burden of proving guilt beyond a reasonable doubt. When key facts remain uncertain, the defense can expose those weaknesses before a jury.
Clients who work directly with attorney Bradley Shepherd receive personalized attention focused on identifying every available path toward a better outcome.
Challenging Forensic Evidence And Criminal Negligence Allegations
The firm’s strategies for challenging scientific and technical evidence may include:
- Ballistics analysis: Reviewing firearm testing methods, chain-of-custody issues and conclusions reached by investigators.
- DNA evidence: Examining collection procedures, contamination concerns and laboratory handling practices.
- Eyewitness testimony: Identifying inconsistencies, memory issues and factors that affect reliability.
Cases heard in the Baltimore City Circuit Court often involve extensive forensic evidence. With a proven record defending serious criminal charges throughout Maryland, attorney Bradley Shepherd carefully scrutinizes every piece of the state’s case rather than accepting the prosecution’s conclusions.
Hiring An Experienced Defense Attorney
When you are facing the most serious consequences, the quality of your representation can mean the difference in how you spend the rest of your life. Knowing how to handle sensitive and serious cases like these is an art form that few attorneys even choose to practice.
An experienced murder/manslaughter attorney can help you assess the elements of the charges and determine if you have any valid defenses, if you may be eligible for a plea to a lesser charge, or vigorously defense against the allegations in court to achieve the best possible outcome for your freedom.
Criminal defense attorney Bradley Shepherd has defended against some of the most serious offenses. He knows the law, the judges and the prosecutors and what’s needed to obtain a guilty verdict.
Contact Charm City Defense today to discuss what happened and the possible defenses available. Call 443-998-9450 or send an email. Free phone consultation.