In Maryland, homicide is categorized into distinct degrees of murder, each with specific definitions and penalties that reflect the circumstances and intent behind the killing. This article explores the different degrees of murder, their legal definitions, the consequences of a conviction, and the related offense of attempted murder.
Defining First-Degree Murder in Maryland
First-degree murder in Maryland is the most severe form of homicide. The core of this charge is a “deliberate, premeditated, and willful killing.” “Willful” signifies the specific intent to kill, “deliberate” means the person considered the act, and “premeditated” indicates the decision to kill was made before the act itself, even for a brief time.
The statute also specifies other circumstances that automatically classify a killing as first-degree murder, such as those committed by lying in wait or by poison. A death that occurs during the commission of certain serious felonies also qualifies under the felony murder rule. This applies even if the perpetrator did not specifically intend to kill the victim. The underlying felonies include:
- Arson in the first degree
- Burglary in the first, second, or third degree
- Carjacking
- Escape in the first degree from a correctional facility
- Kidnapping
- Mayhem
- Rape
- Robbery
- A first- or second-degree sexual offense
The law presumes the malice required for murder is present because the individual was engaged in an inherently dangerous crime.1Maryland General Assembly. Criminal Law § 2–201
Consequences of a First-Degree Murder Conviction
Following the abolition of the death penalty in 2013, a conviction for first-degree murder in Maryland carries a sentence of life imprisonment or life imprisonment without the possibility of parole. A sentence of life without parole means the individual will remain in a correctional facility for the rest of their life.
For this enhanced penalty to be imposed, the prosecutor must provide the defendant with formal notice at least 30 days before the trial. The court makes the final decision after considering aggravating and mitigating factors. If life without parole is not sought or imposed, the sentence is life imprisonment, which includes the possibility of parole eligibility after a significant portion of the sentence is served.
Defining Second-Degree Murder in Maryland
Second-degree murder in Maryland is a distinct felony that applies to all murders not meeting the criteria for first-degree murder. A killing can be classified as second-degree murder if it was committed with the intent to kill, but without the premeditation and deliberation that define a first-degree charge.
It also applies when a person acts with the intent to inflict such serious bodily harm that death is a likely result, even if death was not the explicit goal. Another basis is a “depraved heart” murder, which involves conduct so reckless it shows a profound indifference to human life, such as firing a gun into a crowd.
Consequences of a Second-Degree Murder Conviction
A conviction for second-degree murder carries a sentence of imprisonment for a term not exceeding 40 years, and life without parole is not an option.2Justia. Maryland Criminal Law Code Section 2-204 – Murder in the Second Degree The judge determines the specific length of the prison sentence, up to the 40-year maximum, by considering factors like the circumstances of the crime and the defendant’s criminal history.
The sentence includes the possibility of parole, allowing for release before the full term is served, subject to the Maryland Parole Commission’s decisions.
Understanding Attempted Murder in Maryland
In Maryland, attempted murder is a felony divided into two degrees. The charge requires a specific intent to kill another person, combined with a direct act toward completing the crime that goes beyond mere preparation. The focus is on the defendant’s intent and the action taken, regardless of whether the attempt was successful.
Attempted first-degree murder involves a failed effort to commit a willful, deliberate, and premeditated killing and carries a maximum penalty of life in prison.3Justia. Maryland Criminal Law Code Section 2-205 – Attempt to Commit Murder in the First Degree Attempted second-degree murder applies to failed attempts to commit any other form of murder and carries a maximum sentence of up to 30 years in prison.4Maryland General Assembly. Criminal Law § 2–206