If you are facing allegations of homicide, contact a homicide lawyer from Nguyen Roche Sutton today. Our experienced criminal defense attorneys are ready to stand up for your rights and protect your freedoms.
Here in Maryland, “homicide” encompasses murder, manslaughter, and vehicular manslaughter charges. While all result in the unlawful death of an individual, there are subtle differences and significant penalties for each of these felony charges. Murder charges are the most serious, involving an intentional killing. In contrast, manslaughter refers to an unintentional killing or accident. An attorney could examine the facts of a particular case to determine what charges an individual accused of homicide can expect to face.
First-degree murder charges are the most severe homicide charges and involve the premeditated, willful, and deliberate killing of another person. If, for instance, someone stayed awake all night planning a murder, went to the store to purchase a murder weapon, and then violently killed someone, they would be charged with first-degree murder.
Second-degree murder charges are applied when a killing is deliberate, but not pre-planned. Suppose two friends get into a violent fight at a pub, and one person gives the other a fatal beating; they would face second-degree murder charges.
Third-degree murder charges do not exist in Maryland, but manslaughter charges refer to the unintentional killing of another individual.
There are three types of manslaughter charges in Maryland:
Voluntary manslaughter describes an unlawful killing that occurs without malice but with exceptional, mitigating circumstances, such as provocation.
Involuntary manslaughter charges describe unintentional killing due to negligence, recklessness, or a criminal act. For example, an individual who unknowingly sold drugs laced with fentanyl could be charged with involuntary manslaughter after a resulting overdose.
Vehicular manslaughter charges are applied when someone causes a fatal auto accident due to their negligence or other bad behavior on the road. An individual who causes a fatal accident by speeding, street racing, or driving aggressively will probably face homicide charges.
Facing a homicide charge in Maryland carries life-altering stakes, including potential life imprisonment. To protect your future, exercise your right to remain silent and avoid discussing the case on social media. Secure an experienced attorney immediately to navigate complex preliminary hearings and scrutinize the prosecution’s evidence. Fast, aggressive legal intervention is essential to building a robust defense against these severe allegations.
In Maryland, as in the rest of the country, you have a constitutional right to remain silent. However, many people do not realize that Maryland law enforcement officers are legally permitted to use deception during interrogations. They may claim they have DNA evidence they do not actually possess, or they might suggest that a co-defendant has already “pinned it on you.”
The most important thing you can do is remain silent but polite. Do not attempt to explain your way out of the situation or offer an alibi without a lawyer present. Simply state: “I am exercising my right to remain silent, and I would like to speak with my attorney.” Once you have invoked this right, police must stop questioning you.
It is a common tactic for investigators in Baltimore County or across the state to tell a suspect that “things will go easier” if they just tell their side of the story. In reality, any statement you make—no matter how innocent it seems to you—will be scrutinized by prosecutors for inconsistencies.
In the digital age, this extends to social media. Do not post anything on Facebook, Instagram, or X (formerly Twitter). Do not send text messages discussing the incident. In Maryland, digital footprints are frequently used as evidence to establish a defendant’s state of mind or whereabouts at the time of the crime.
In Maryland, if you are charged with a felony and not indicted by a grand jury, you have a right to a preliminary hearing within 30 days of your initial appearance. This is a critical stage where a judge determines if there is “probable cause” to support the charges.
While these hearings rarely result in the immediate dismissal of a homicide charge, they are an invaluable opportunity for your defense team to cross-examine state witnesses and see what evidence the prosecution actually has. Having an experienced attorney at this hearing is vital to setting the stage for the upcoming trial.
Maryland abolished the death penalty in 2013, but the remaining penalties for homicide are still the most severe allowed by law. A conviction for first-degree murder can result in life imprisonment without the possibility of parole. Even manslaughter charges can result in decades behind bars.
Beyond the prison sentence, a homicide conviction creates a permanent criminal record that will prevent you from ever owning a firearm, holding certain professional licenses, or finding meaningful employment. The social stigma alone can affect your family for generations.
Because the Maryland Rules of Evidence and Criminal Procedure are complex, you cannot afford to rely on a general practice lawyer. You need legal defense that understands how local prosecutors operate in the Maryland circuit courts.
If you have been arrested or believe you are a person of interest in a homicide investigation, time is your greatest enemy. Contact Nguyen & Roche as soon as possible.
Nguyen & Roche provides the aggressive legal representation and counsel necessary to protect your rights and your freedom. We will immediately begin our own investigation, interview witnesses, and ensure that law enforcement has not overstepped its bounds.
Your future depends on the actions you take right now. Do not wait for the state to build its case against you—start building your homicide defense in Maryland today. Call 443-238-0160 for Maryland homicide defense and legal representation.
First-degree murder is the most serious homicide charge in Maryland. It involves a killing that is willful, deliberate, and premeditated. This means the defendant planned the act before carrying it out. Additionally, deaths resulting from specific violent felonies or committed by poison or lying in wait qualify as first-degree. Conviction carries the possibility of life in prison without any parole.
Second-degree murder covers intentional killings that lack the premeditation required for the first degree. It is often described as a catch-all charge for murders not meeting first-degree criteria. This includes acts committed with a depraved heart, showing a reckless indifference to human life. In Maryland, a conviction for second-degree murder can lead to a maximum sentence of exactly forty years.
Under Maryland’s felony murder rule, a defendant can be charged with first-degree murder if a death occurs during the commission of certain dangerous felonies. These crimes include arson, burglary, carjacking, rape, and robbery. Even if the killing was unintentional or accidental, the underlying felony provides the malice necessary for a murder charge. This rule carries the same mandatory life-term penalties.
Voluntary manslaughter is an intentional killing that occurs in the heat of passion due to legally adequate provocation. While the intent to kill exists, the law recognizes the mitigating circumstances of the emotional state. This charge is a felony in Maryland, distinct from murder because it lacks malice. A person convicted of voluntary manslaughter faces up to ten years’ imprisonment.
Involuntary manslaughter involves an unintentional killing resulting from a reckless act, gross negligence, or during the commission of an unlawful act not amounting to a felony. In Maryland, this charge is often applied when someone fails to perform a legal duty or behaves in a dangerously reckless manner. It is a felony punishable by a maximum of ten years’ imprisonment.
Manslaughter by vehicle or vessel occurs when a driver causes a death through gross negligence. This typically means the operator was aware of the high risk to human life but chose to disregard it completely. In Maryland, this offense is classified as a felony. Convicted individuals face up to ten years in prison and a fine reaching five thousand dollars.
Criminally negligent manslaughter by vehicle is a less severe charge than gross negligence manslaughter. It occurs when a driver should have been aware of a substantial risk but failed to perceive it. This failure must represent a gross deviation from the standard of care a reasonable person would use. This misdemeanor charge carries up to three years in Maryland prison.
Those convicted of first-degree murder in Maryland face severe penalties. The state law mandates a sentence of life imprisonment. Depending on the specific details and the court’s decision, this sentence can be life with the possibility of parole or life without the possibility of parole. There are no other sentencing options available for this highest level of murder conviction locally.
Second-degree murder is a felony that carries significant prison time, though it is less than the mandatory life sentence for first-degree murder. A judge has the discretion to sentence a convicted individual to a term not exceeding forty years. The actual time served depends on sentencing guidelines, the defendant’s prior criminal history, and any aggravating factors presented during the trial.
No, in Maryland, the spousal adultery rule is specifically excluded by statute as a mitigating factor. Discovering a spouse engaging in sexual intercourse with another person does not constitute legally adequate provocation to reduce a murder charge to manslaughter. This legislative decision ensures that such emotional distress cannot be used to justify or lessen the legal responsibility for a killing.
Manslaughter is a felony in Maryland and carries a prison sentence not exceeding ten years. In addition to potential incarceration, a judge may impose a fine of up to five hundred dollars. The specific sentence depends on whether the act was voluntary or involuntary and involves factors like the level of negligence or the existence of any provocative mitigating circumstances.
No, Maryland does not have the death penalty. It was abolished by the state legislature and signed into law by the governor in 2013. For the most serious crimes, such as first-degree murder, the maximum possible sentence is now life imprisonment without the possibility of parole. Maryland currently focuses on lengthy prison terms rather than capital punishment for capital offenses.
We at Nguyen & Roche will work hard to protect your rights, freedom, and future. Call today to speak with an experienced homicide lawyer who could treat you with respect and dignity.
Our team has successfully defended many individuals facing homicide charges, ranging from vehicular manslaughter to first-degree murder. Let us help you through this difficult time. Call now.
Owings Mills
500 Redland Ct,, Ste. 212
Owings Mills, MD 21117
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Phone: (443) 238-0160
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Baltimore
6 E. Eager Street
Baltimore, MD 21202
Maps & Directions
Phone: (443) 238-0160
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