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Maryland’s Criminal Defense: Murder vs. Manslaughter


In Maryland, the word “homicide” is the general term for the killing of another person, and the word applies whether the killing was intentional, accidental or in self-defense. In Maryland, murder and manslaughter are types of homicide that are both felonies and, if convicted, can lead to a sentence of decades or a lifetime in prison. The essential difference between murder and manslaughter is the level of intent that must be proven by the Maryland prosecuting attorneys. Given how serious a murder or manslaughter charge is, it is crucial to hire tough, deeply knowledgeable, and courtroom-tested Maryland criminal defense attorneys like those at the Law Office of Robert Castro. Call us at (301) 870-1200 if you have been arrested or charged. We are available around the clock, 24/7. You can also use our contact page.

Murder charges

There are two levels of murder under Maryland criminal law: first and second degree. Both require intent to kill or intent to cause serious bodily harm that might cause death. First-degree murder also requires some proof of premeditation (or planning). For this article, we will ignore the felony murder rule, which is a form of first-degree murder. With respect to premeditation, one example might be where the killer spends weeks stalking the victim, gathering the murder weapon, carefully determining and scoping the murder scene, and detailing how the body will be taken away and disposed of. Those facts will result in a first-degree murder charge. By contrast, a killer might suddenly decide to “deal with the neighbor” upon arriving home from work one evening. Let’s say the neighbors have been feuding for years, and this day, the killer marches over to the neighbor’s yard while grabbing a convenient shovel leaning on the fence, and commits the crime. Since there is no evidence of preplanning, that will result in a charge of second-degree murder.

Note, however, that prosecuting attorneys will often charge both first and second-degree murder. Such provides the jury with options and enhances the chances of a conviction.

Manslaughter Charges

Like murder, manslaughter can be charged at two levels: voluntary and involuntary manslaughter. Both generally involve the killing of another but without the intent to kill. Voluntary manslaughter is often a result of a provocation where the killer is provoked into dangerous behavior that results in death, even though death was not specifically intended. An example might be a bar fight,t which results in the death of one of the combatants.

Involuntary manslaughter is often a result of an accident where a person is killed. Again, there is no intent to kill, but the behavior involved was reckless, dangerous, or ignored obvious risks. Some auto accidents can be caused by driving that is so reckless as to rise to the level of voluntary manslaughter. Driving while impaired by alcohol and/or drugs is an example of that type of recklessness.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.

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