Posts Tagged ‘Second Degree Manslaughter’
MARYLAND CRIMINAL DEFENSE ATTORNEYS
DEFENDING FIRST & SECOND DEGREE MURDER & MANSLAUGHTER CHARGES IN MARYLAND
Thou shall not kill and if you do so in Maryland, you may be charged with one of the following charges:
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capital murder
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murder of the first degree
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murder of the second degree
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voluntary manslaughter
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involuntary manslaughter
The Maryland criminal defense attorneys of SRIS, P.C. will not hesitate to defend a client who has been charged with homicide. For more information or to make an appointment with SRIS,P.C. Maryland criminal defense lawyer, please call, send an e-mail or complete the on-line form.
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BALTIMORE, MARYLAND OFFICE: |
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To obtain a general overview of homicide, first and second degree murder, and manslaughter defense, please click here.
To learn more about the laws pertaining to homicide, first and second degree murder, and manslaughter defense in Virginia or Massachusetts, please click on the state.
The following are some of the different types of homicide and manslaughter charges one could face in the State of Maryland:
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Murder in the first degree
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Murder in the first degree–Sentence of death
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Murder in the first degree–Sentence of imprisonment for life without the possibility of parole
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Murder in the second degree
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Attempt to commit murder in the first degree
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Attempt to commit murder in the second degree
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Manslaughter
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Manslaughter by vehicle or vessel
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Viable fetuses
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Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se
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Homicide by motor vehicle or vessel while impaired by alcohol
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Homicide by motor vehicle or vessel while impaired by drugs
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Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance
FIRST AND SECOND DEGREE MURDER & MANSLAUGHTER DEFENSE
§ 2-201. Murder in the first degree (top)
In general
(a) A murder is in the first degree if it is:
(1) a deliberate, premeditated, and willful killing;
(2) committed by lying in wait;
(3) committed by poison; or
(4) committed in the perpetration of or an attempt to perpetrate:
(i) arson in the first degree;
(ii) burning a barn, stable, tobacco house, warehouse, or other outbuilding that:
1. is not parcel to a dwelling; and
2. contains cattle, goods, wares, merchandise, horses, grain, hay, or tobacco;
(iii) burglary in the first, second, or third degree;
(iv) carjacking or armed carjacking;
(v) escape in the first degree from a State correctional facility or a local correctional facility;
(vi) kidnapping under § 3-502 or § 3-503(a)(2) of this article;
(vii) mayhem;
(viii) rape;
(ix) robbery under § 3-402 or § 3-403 of this article;
(x) sexual offense in the first or second degree;
(xi) sodomy; or
(xii) a violation of § 4-503 of this article concerning destructive devices.
Penalty
(b)(1) A person who commits a murder in the first degree is guilty of a felony and on conviction shall be sentenced to:
(i) death;
(ii) imprisonment for life without the possibility of parole; or
(iii) imprisonment for life.
(2) Unless a sentence of death is imposed in compliance with § 2-202 of this subtitle and Subtitle 3 of this title, or a sentence of imprisonment for life without the possibility of parole is imposed in compliance with § 2-203 of this subtitle and § 2-304 of this title, the sentence shall be imprisonment for life.
§ 2-202. Murder in the first degree–Sentence of death (top)
Requirement for imposition
(a) A defendant found guilty of murder in the first degree may be sentenced to death only if:
(1) at least 30 days before trial, the State gave written notice to the defendant of:
(i) the State’s intention to seek a sentence of death; and
(ii) each aggravating circumstance on which the State intends to rely;
(2)(i) with respect to § 2-303(g) of this title, except for § 2- 303(g)(1)(i) and (vii) of this title, the defendant was a principal in the first degree; or
(ii) with respect to § 2-303(g)(1)(i) of this title, a law enforcement officer, as defined in § 2-303(a) of this title, was murdered and the defendant was:
1. a principal in the first degree; or
2. a principal in the second degree who:
A. willfully, deliberately, and with premeditation intended the death of the law enforcement officer;
B. was a major participant in the murder; and
C. was actually present at the time and place of the murder; and
(3) the sentence of death is imposed in accordance with § 2-303 of this title.
Limitations
(b)(1) In this subsection, a defendant is “mentally retarded” if:
(i) the defendant had significantly below average intellectual functioning, as shown by an intelligence quotient of 70 or below on an individually administered intelligence quotient test and an impairment in adaptive behavior; and
(ii) the mental retardation was manifested before the age of 22 years.
(2) A defendant may not be sentenced to death, but shall be sentenced to imprisonment for life without the possibility of parole subject to the requirements of § 2-203(1) of this subtitle or imprisonment for life, if the defendant:
(i) was under the age of 18 years at the time of the murder; or
(ii) proves by a preponderance of the evidence that at the time of the murder the defendant was mentally retarded.
§ 2-203. Murder in the first degree–Sentence of imprisonment for life without the possibility of parole (top)
A defendant found guilty of murder in the first degree may be sentenced to imprisonment for life without the possibility of parole only if:
(1) at least 30 days before trial, the State gave written notice to the defendant of the State’s intention to seek a sentence of imprisonment for life without the possibility of parole; and
(2) the sentence of imprisonment for life without the possibility of parole is imposed in accordance with § 2-304 of this title.
§ 2-204. Murder in the second degree (top)
(a) A murder that is not in the first degree under § 2-201 of this subtitle is in the second degree.
Penalty
(b) A person who commits a murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
§ 2-205. Attempt to commit murder in the first degree (top)
A person who attempts to commit murder in the first degree is guilty of a felony and on conviction is subject to imprisonment not exceeding life.
§ 2-206. Attempt to commit murder in the second degree (top)
A person who attempts to commit murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
Penalty
(a) A person who commits manslaughter is guilty of a felony and on conviction is subject to:
(1) imprisonment not exceeding 10 years; or
(2) imprisonment in a local correctional facility not exceeding 2 years or a fine not exceeding $500 or both.
Spousal adultery not a mitigating factor
(b) The discovery of one’s spouse engaged in sexual intercourse with another does not constitute legally adequate provocation for the purpose of mitigating a killing from the crime of murder to voluntary manslaughter even though the killing was provoked by that discovery.
§ 2-209. Manslaughter by vehicle or vessel (top)
“Vehicle” defined
(a) In this section, “vehicle” includes a motor vehicle, streetcar, locomotive, engine, and train.
Prohibited
(b) A person may not cause the death of another as a result of the person’s driving, operating, or controlling a vehicle or vessel in a grossly negligent manner.
Name of crime
(c) A violation of this section is manslaughter by vehicle or vessel.
Penalty
(d) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.
“Viable” defined
(a) For purposes of a prosecution under this title, “viable” has the meaning stated in § 20-209 of the Health–General Article.
Murder or manslaughter of viable fetus
(b) Except as provided in subsections (d) through (f) of this section, a prosecution may be instituted for murder or manslaughter of a viable fetus.
Intent
(c) A person prosecuted for murder or manslaughter as provided in subsection (b) of this section must have:
(1) intended to cause the death of the viable fetus;
(2) intended to cause serious physical injury to the viable fetus; or
(3) wantonly or recklessly disregarded the likelihood that the person’s actions would cause the death of or serious physical injury to the viable fetus.
Right to terminate pregnancy
(d) Nothing in this section applies to or infringes on a woman’s right to terminate a pregnancy as stated in § 20-209 of the Health–General Article.
Liability of medical professionals
(e) Nothing in this section subjects a physician or other licensed medical professional to liability for fetal death that occurs in the course of administering lawful medical care.
Act or failure to act of pregnant woman
(f) Nothing in this section applies to an act or failure to act of a pregnant woman with regard to her own fetus.
Personhood or rights of fetus
(g) Nothing in this section shall be construed to confer personhood or any rights on the fetus.
Death penalty
(h) The commission of first degree murder of a viable fetus under this section, in conjunction with the commission of another first degree murder arising out of the same incident, does not constitute an aggravating circumstance subjecting a defendant to the death penalty under § 2-303(g)(ix) of this title.
§ 2-503. Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while:
(1) under the influence of alcohol; or
(2) under the influence of alcohol per se.
Name of crime
(b) A violation of this section is:
(1) homicide by motor vehicle or vessel while under the influence of alcohol; or
(2) homicide by motor vehicle or vessel while under the influence of alcohol per se.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
§ 2-504. Homicide by motor vehicle or vessel while impaired by alcohol (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while impaired by alcohol.
Name of crime
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by alcohol.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
§ 2-505. Homicide by motor vehicle or vessel while impaired by drugs (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is so far impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive, operate, or control a motor vehicle or vessel safely.
Name of crime
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by drugs.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Prohibited defense
(d) It is not a defense to a charge of violating this section that the person is or was entitled under the laws of this State to use a drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug, combination of drugs, or combination of one or more drugs and alcohol would make the person incapable of driving, operating, or controlling a motor vehicle or vessel in a safe manner.
§ 2-506. Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by a controlled dangerous substance, as defined in § 5-101 of this article.
Name of crime
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by a controlled dangerous substance.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Exception
(d) This section does not apply to a person who is entitled to use the controlled dangerous substance under the laws of this State.
The Maryland attorneys and Law Offices of SRIS, P.C., are located in Rockville & Baltimore .
Our Maryland criminal defense attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
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