Maryland Second-Degree Murder

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.

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’re facing second-degree murder charges, speaking with a seasoned homicide attorney after your arrest is a good idea. Your attorney will need time to prepare your defense for fighting the criminal charges.

This article examines and explains Maryland’s second-degree murder 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.

How Does the State of Maryland Define Second-Degree Murder?

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.

The second-degree murder statute also requires that the defendant demonstrate a depraved heart or a reckless disregard for human life. 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.

Unlike first-degree murder, 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.

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

Defenses to Second-Degree Murder

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

Some of the other defenses to second-degree murder include:

• Insanity
• Mental illness
• Intoxication
• Lack of intent to kill
• Accident

The courts consider the facts of each case when evaluating the above defenses. For example, if the defendant killed someone attempting a carjacking, they may have a strong case for self-defense.

While the above defenses are available to a criminal defendant, they do not guarantee an acquittal of second-degree murder charges. If supported by the evidence, the court may reduce the defendant’s charges to voluntary manslaughter. This carries a lighter sentence than second-degree murder.

Your Maryland homicide lawyer can submit evidence in hopes of a reduced charge or a lesser sentence. The courts handle this on a case-by-case basis.

Civil Cases and Second-Degree Murder in Maryland

The families of murder victims have the right to sue a defendant for the wrongful death of their loved one, regardless of whether the defendant was found guilty of murder or attempted second-degree murder.

Perhaps the most famous example of this is the O.J. Simpson case. A jury found Simpson not guilty of the crime of murder, but he lost the wrongful death lawsuit against him. The court ordered him to pay millions of dollars to the victims’ families.

If the state charges you with second-degree murder, the victim’s family may file a personal injury lawsuit against you. If this happens, consider hiring a Maryland personal injury attorney to help with your case.

Penalties and Sentencing for Second-Degree Murder in Maryland

The maximum penalty for second-degree murder in Maryland is 40 years in prison. The judge has discretion regarding sentencing and will consider multiple factors.

While 40 years seems like a harsh sentence, it is more lenient than the penalty for first-degree murder. Those found guilty of first-degree murder can face life imprisonment without the possibility of parole. If the state charges you with first-degree murder, your legal counsel may introduce mitigating factors in an effort to convince the judge to reduce the charge to that of second-degree murder.

Some of the factors that may impact the length of your prison sentence include:

• The nature of the crime
• The defendant’s criminal record
• The defendant’s history of committing violent crimes
• Victim impact statements
• The defendant’s behavior at trial

Even if your attorney introduces evidence supporting these mitigating factors, second-degree murder is a serious crime. You should prepare yourself for a lengthy prison sentence, regardless of your prior criminal history.

Maryland Second-Degree Murder Laws: Summary

The following table highlights the main provisions of the second-degree murder statute in Maryland.

Disclaimer: State laws change constantly, so it’s essential to verify your state laws by conducting further research or consulting an experienced Maryland criminal defense attorney.

Arrested for Second-Degree Murder in Maryland? Contact an Attorney

If the state has accused you of a violent crime, it’s normal to be scared and overwhelmed. The penalties for these crimes, especially second-degree murder, are severe. The best way to increase your chances of an acquittal or favorable plea bargain is to retain an experienced Maryland criminal defense lawyer. An expert in criminal cases can help you get the best outcome possible.

Related Resources

• Second-Degree Murder Defenses
• Maryland First-Degree Murder Law
• Maryland Voluntary Manslaughter Laws