Maryland Involuntary Manslaughter Law

Every state has criminal laws regarding homicide, such as murder and manslaughter laws. Most jurisdictions also distinguish between involuntary and voluntary manslaughter. Maryland law defines involuntary manslaughter, or criminally negligent homicide, as an unintentional killing caused by a person’s criminal negligence, recklessness, or unlawful act.

Maryland’s criminal code doesn’t define manslaughter. Manslaughter is a common law (created by cases) crime in Maryland and can be either voluntary or involuntary, depending on the actor’s intent.

Under Maryland common law, involuntary manslaughter is the unintentional killing of another person while engaging in an unlawful act (non-felony), a negligent act, or by negligently failing to perform a legal duty.

This article examines and explains Maryland’s involuntary manslaughter laws, including the penalties and defenses. If you’re facing criminal charges, consider consulting an experienced Maryland criminal defense attorney for legal advice and representation.

Elements of Involuntary Manslaughter in the State of Maryland

For the state to successfully charge a person with involuntary manslaughter, it must prove that the victim’s death was the result of either the defendant’s criminal negligence or their unlawful act. There are various types of involuntary manslaughter under Maryland’s Criminal Law Articles, including assisted suicide, vehicular manslaughter, and other acts performed in a grossly negligent manner.

According to Maryland law, criminally negligent manslaughter requires more than ordinary negligence. To prove this element of the crime, the prosecutor must show that the defendant demonstrated a wanton or reckless disregard for the safety of others.

As for manslaughter cases involving a defendant who engaged in an unlawful act, the state does not need to prove that the defendant committed a felony. Unlike felony murder charges, involuntary manslaughter only requires that the defendant kill someone during the commission of a misdemeanor or lesser crime.

If a driver in Maryland kills someone while driving a motor vehicle under the influence of drugs or alcohol, they may be guilty of involuntary manslaughter. The underlying crime of DUI is a misdemeanor and is subject to involuntary manslaughter charges.

Manslaughter vs. Murder

For the state to convict someone of murder, it must prove that the defendant killed someone after premeditation and malice aforethought. This isn’t the case with manslaughter. In involuntary manslaughter cases, the prosecutor needs only to prove that someone died as a result of the defendant’s actions, be they negligent, reckless, or criminal.

Vehicular Homicide

One form of involuntary manslaughter is vehicular homicide. This crime involves the death of someone as a result of negligence or recklessness while driving a car, motorcycle, boat, or other vessel.

Maryland has specific laws addressing these types of homicides. For example, the state has four statutes regarding DUI accidents that result in death.

Assisted Suicide

Another form of involuntary homicide is assisted suicide. While these cases are rare, Maryland law defines this crime as purposefully assisting another person to commit suicide by coercion, duress, or by knowingly providing the physical means to commit the act.

Assisted suicide is a felony that carries a sentence of up to one year of imprisonment and a fine of up to $10,000.

Maryland Law Does Not Provide a Heat of Passion Defense

Unlike most other states, Maryland does not offer a heat of passion defense. In 40 states, there are laws that allow the state to reduce murder charges to voluntary manslaughter if the defendant killed a person in a moment of emotionally charged anger.

Maryland doesn’t recognizes the heat of passion or crime of passion defenses. Nor does it consider it a mitigating factor. A person who killed their spouse after discovering them in bed with someone else can’t claim a heat of passion defense in a Maryland courtroom.

Maryland Involuntary Manslaughter Statutes

Maryland’s manslaughter laws embody a combination of common law and statute. The table below highlights the main aspects of Maryland’s involuntary manslaughter laws.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a criminal defense attorney or conduct further research to verify your state laws.

Charged with Involuntary Manslaughter in Maryland? Get Legal Help

There are very few criminal charges as serious as homicide. Even though involuntary manslaughter is not as serious a crime as murder, a conviction can result in a lengthy prison sentence as well as enormous fines. Contact an experienced criminal defense lawyer in Maryland to discuss your case’s merits and possible defenses.

Related Resources

• Involuntary Manslaughter Defenses
• Involuntary Manslaughter Penalties and Sentencing
• Maryland Voluntary Manslaughter
• What Are the Maryland DUI Laws?