{"id":373888,"date":"2016-03-31T21:35:29","date_gmt":"2016-04-01T02:35:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/maryland-law\/maryland-second-degree-murder.html"},"modified":"2025-08-12T10:48:51","modified_gmt":"2025-08-12T15:48:51","slug":"maryland-second-degree-murder","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/maryland-law\/maryland-second-degree-murder.html","title":{"rendered":"Maryland Second-Degree Murder"},"content":{"rendered":"\n
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Maryland Second-Degree Murder<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Maryland law defines second-degree murder as an intentional killing without premeditation. The lack of planning is what distinguishes second-degree murder from first-degree murder. In Maryland, second-degree murder is the catch-all middle ground for homicides, firmly between first-degree murder and manslaughter.<\/blockquote>\r\n

While the penalties for second-degree murder are less punitive than those for murder in the first-degree, they are still quite severe. If you\u2019re facing second-degree murder charges, speaking with a seasoned homicide attorney<\/a> after your arrest is a good idea. Your attorney will need time to prepare your defense for fighting the criminal charges<\/a>.<\/p>\r\n

This article examines and explains Maryland\u2019s second-degree murder<\/a> laws, including the penalties and possible defenses to this crime. We’ve also included links to related FindLaw articles at the bottom of the page.<\/p>\r\n

How Does the State of Maryland Define Second-Degree Murder?<\/b><\/h2>\r\n

The Maryland Criminal Code defines second-degree murder as the intentional killing of another human being without premeditation or malice aforethought. For the state to convict someone of this crime, it must prove that they intended to cause death or serious bodily injury. They do not have to show that the defendant planned the murder.<\/p>\r\n

The second-degree murder statute also requires that the defendant demonstrate a depraved heart or a reckless disregard for human life<\/a>. One way this can be shown is by proving that the defendant performed a dangerous act posing a substantial risk of serious bodily harm or death.<\/p>\r\n

Unlike first-degree murder<\/a>, second-degree murder does not involve planning. It differs from the lesser crime of manslaughter in that the defendant intended to harm the victim. With manslaughter, the state must only prove that the defendant engaged in behavior that was criminally negligent or reckless.<\/p>\r\n

According to Maryland Code<\/a>, all murders that do not qualify as first-degree are second-degree murders. Since felony murder<\/a> falls under first-degree murder in Maryland, defendants who kill someone during the commission of a felony do not qualify for second-degree murder.<\/p>\r\n

Defenses to Second-Degree Murder<\/b><\/h2>\r\n

The state of Maryland recognizes several defenses to the charge of second-degree murder. One common defense is self-defense<\/a>. To qualify for this defense, the defendant can only use the force necessary to prevent injury to themselves.<\/p>\r\n

Some of the other defenses to second-degree murder include:<\/p>\r\n