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Murder

Murder, Manslaughter, Vehicular Manslaughter

If you have been charged in Maryland or Washington D.C. with First Degree Murder, Second Degree Murder, Depraved Heart Murder Voluntary Manslaughter, or Involuntary Manslaughter, you face very serious penalties including long-term incarceration. You need an experienced Murder and Homicide Defense Attorney to implement your defense strategy as soon as possible.

Case preparation and investigation is essential to success!

Our firm is capable of representing clients charged with murder, manslaughter, and vehicular homicide in Washington D.C. and Maryland: Montgomery County, Prince George’s County, Charles County, Ann Arundel County, Allegany County, Baltimore County, Howard County, Frederick County, Washington County, and St. Mary’s County, as well as all other counties in Maryland.

Vehicular Manslaughter Crimes

Homicide by Motor Vehicle

Felony
Maximum Penalty: 10 years and/or $5,000 fine
Md. Crim. Law Sec. 2-209(b): Manslaughter by Motor Vehicle » (click for pdf)

In order to convict the defendant of manslaughter by motor vehicle (Vehicular Manslaughter), the State must prove:

  1. that the defendant drove, operated, or moved a motor vehicle;

  2. that the defendant acted in a grossly negligent manner, that is, in a manner that created a high degree of risk to human life; and

  3. that this grossly negligent conduct caused the death of the victim

Homicide by Motor Vehicle While Under the Influence of Alcohol

Felony
Maximum Penalty: 5 years and/or $5,000 fine
Md. Crim. Law Sec. 2-503(a): Homicide by Motor Veh.-Under the Influence » (click for pdf)

In order to convict the defendant of Homicide by Motor Vehicle While Under the Influence of Alcohol (Vehicular Manslaughter Under the Influence), the State must prove:

  1. that the defendant drove, operated, or moved a motor vehicle;

  2. that the defendant acted in a negligent manner;

  3. that this negligent conduct caused the death of the victim; and

  4. that at the time of the accident, the defendant was under the influence of alcohol, or under the influence of alcohol per se

Homicide by Motor Vehicle While Impaired by Drugs or Alcohol

Felony
Maximum Penalty: 3 years and/or $5,000 fine
Md. Crim. Law Sec. 2-504(a): Homicide by Motor Veh.-Impaired (Alcohol) » (click for pdf)
Md. Crim. Law Sec. 2-505(a): Homicide by Motor Veh.-Impaired (Drugs) » (click for pdf)

In order to convict the defendant of Homicide by Motor Vehicle While Under the Influence of Alcohol (Vehicular Manslaughter Under the Influence), the State must prove:

  1. that the defendant drove, operated, or moved a motor vehicle;

  2. that the defendant acted in a negligent manner;

  3. that this negligent conduct caused the death of the victim; and

  4. that at the time of the accident, the defendant was so impaired by a drug or alcohol, or combination thereof, that the defendant could not drive, operate, or control a motor vehicle safely

First Degree Murder

Felony
Mandatory Penalty: LIFE
Md. Crim. Law Sec. 2-201(a): First Degree Murder

First Degree Murder is the intentional killing of another person in willfulness, deliberation, and premeditation. In order to convict the defendant of the State must prove:

  1. that the conduct of the defendant caused the death;

  2. the the killing was willful, deliberate, and premeditated; and

  3. that there were no mitigating circumstances

  • Willful: the defendant actually intended to kill the victim
  • Deliberate: the defendant was conscious of the intent to kill
  • Premeditated: the defendant thought about the killing, and there was enough time, though it may have only have been brief, for the defendant to consider the decision whether or not to kill, and to consider the reasons for and against the choice to kill

Second Degree Murder

Felony
Maximum Penalty: 30 Years
Md. Crim. Law Sec. 2-204(a): Second Degree Murder

Second Degree Murder is the killing of another person with either the intent to kill or the intent to inflict such serious bodily harm that death would be the likely result. Second degree murder does not require premeditation or deliberation. In order to convict the defendant, the State must prove:

  1. that the conduct of the defendant caused the death;

  2. that the defendant engaged in the deadly conduct either with the intent to kill, or with the intent to inflict such serious bodily harm that death would likely be the result; and

  3. that there were no mitigating circumstances

Voluntary Manslaughter

Felony
Maximum Penalty: 10 Years
Md. Crim. Law Sec. 2-207: Voluntary Manslaughter

Voluntary Manslaughter is an intentional killing, which would be murder, but is not murder because the defendant acted in hot blooded response to legally adequate provocation.

This does not result in a verdict of not guilty, but reduces the level of guilt from Murder to Manslaughter. In order to convict the defendant, the State must prove that the defendant did not act in hot blooded response to legally adequate provocation by showing that at least one one the following factors is not present:

  1. The defendant actually became enraged;

  2. The rage was cause by something the law recognizes as legally adequate, that is, something that would cause a reasonable person to become enraged enough to kill or inflict serious bodily harm;

  3. The defendant was still enraged when he/she killed the victim, that is, the defendant’s rage had not “cooled” by the time of the killing;

  4. The was not enough time between provocation and the killing for a reasonable person’s rage to cool;

  5. The victim was the person who provoked the rage