Maryland First-Degree Murder
Murder in the first degree is one of the most serious crimes in Maryland. According to Maryland law, first-degree murder is the intentional killing of another human being by lying in wait, poisoning, or felony murder.
The maximum penalty for murder in the first degree in Maryland previously was death. In May 2013, lawmakers in the state of Maryland abolished the death penalty. The maximum current sentence for this crime is life imprisonment without the possibility of parole.
This article explains Maryland’s first-degree murder laws, including the possible penalties and defenses to this crime. If you’re facing first-degree murder charges, speaking with an experienced criminal defense attorney as soon as possible after your arrest is a good idea.
Elements of Murder in the First Degree Under Maryland Law
For the state to secure a murder conviction, it must prove the defendant’s guilt beyond a reasonable doubt. To do this, it must prove every element of the crime of first-degree murder.
Specifically, the prosecutor must prove all the following:
- The defendant committed an act that caused the death of another person
- The act involved premeditation (planning), deliberation, willfulness, and malice aforethought
- The victim’s death was the result of the defendant’s act
If the crime included all of the elements listed above, it’s sufficient to qualify as first-degree murder.
Felony Murder
Like most other states, Maryland follows the felony murder rule. This rule allows the state to convict a defendant of murder if someone dies during the commission of a violent crime. In Maryland, felony murder qualifies as murder in the first degree.
A felony murder conviction in Maryland requires that the defendant commit or attempt to commit an inherently dangerous crime and that someone dies as a direct result of that crime. The following crimes constitute inherently dangerous crimes in the State of Maryland:
- Rape
- Arson
- Carjacking
- Robbery
- Burglary
- Act of terrorism
- Drug crimes
The penalties for felony murder are the same as those for a first-degree murder charge.
Maryland First Degree Murder Laws: Summary
The following table outlines Maryland’s first-degree murder laws.
Maryland First-Degree Murder Code Section |
Maryland Criminal Law Code, Section 2-201 |
|---|---|
Definition of First-Degree Murder in Maryland |
First-degree murder in Maryland is a deliberate, premeditated, and willful killing of a human being. This crime usually involves lying in wait for a victim, poisoning, or the commission of a violent crime. The underlying crimes for a felony murder charge include the following:
|
First-Degree Murder Penalties In Maryland |
A person guilty of murder in the first degree faces a prison sentence of life imprisonment, either with or without the possibility of parole. There are two requirements for the court to issue a sentence of life imprisonment without the possibility of parole:
|
Possible Defenses Against First-Degree Murder Charges in Maryland |
The following are potential defenses to first-degree murder in Maryland:
There are also imperfect defenses to this crime, including:
Imperfect defenses do not preclude a guilty verdict. However, they may convince the judge to reduce the criminal charge to second-degree murder or voluntary manslaughter. A Maryland homicide lawyer can also introduce mitigating factors to reduce your sentence. |
Disclaimer: State laws change frequently, so it’s best to conduct further legal research or consult a Maryland criminal law attorney to verify your state laws.
Charged With First-Degree Murder in Maryland? Contact an Attorney
First-degree murder is one of the most serious criminal charges in Maryland. This crime carries a possible sentence of life in prison without the possibility of parole.
To increase your chances of an acquittal, consider reaching out to a skilled Maryland criminal defense attorney after your arrest. An attorney will work hard to craft a strong defense strategy and help you achieve the best possible outcome.
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