While subtle, there are legal differences between murder and manslaughter in Maryland. Maryland does not allow the death penalty, but the sentence determined for the charge can vary. Both are considered acts of homicide, but the difference depends on intention. Generally speaking, murder refers to an action that was intended to result in the loss of life, while manslaughter may be an accidental death resulting in reckless behavior. Further distinction includes murder in the first and second degree.
What is Maryland Section 2-201?
Maryland Code of Criminal Law Section 2-201 determines that murder is in the first degree if it is:
- Planned or premeditated
- Committed by hiding in wait
- Accomplished or attempted by means of poison, arson, burglary, kidnapping, rape, and other various crimes
Maryland of Code Criminal Law Section 2-201 deems murder in the first degree as a felony that is punishable by:
- Imprisonment without the possibility of parole
- Imprisonment for life
What is Maryland Section 2-204?
Maryland Code of Criminal Law Section 2-204 determines that murder is in the second degree if it is:
- Murder not in the first degree by section 2-201
- Intentional killing without premeditation
Maryland Code of Criminal Law Section 2-204 determines that murder in the first degree is a felony that is punishable by:
- Imprisonment not exceeding 40 years
What is Maryland Section 2-207?
Maryland Code of Criminal Law Section 2-207 determines a charge as manslaughter if it:
- Accidental loss of life resulting in reckless behavior
Maryland Code of Criminal Law Section 2-207 determines that manslaughter is a felony that is punishable by:
- Imprisonment not exceeding 10 years
- Imprisonment in a local correction facility for no more than 2 years, a fine not over $500, or both
Additionally, spousal adultery is not a legal factor in provocation and does not constitute as being a discovery causing provocation. This will not mitigate a crime from a killing to voluntary manslaughter.
Have You or a Loved One Been Arrested for Murder or Manslaughter in Maryland?
If you or a loved one have been arrested and charged with murder or manslaughter in Maryland, these are serious crimes usually warranting legal representation. Contact the Baltimore murder defense lawyers of Meadlaw today at (410) 727-6400 for a free consultation.