Facing homicide charges in Lanham, MD, is one of the most serious experiences a person can go through. The stakes are incredibly high, with the potential for life-altering consequences. If you or a loved one has been arrested for homicide, it is crucial to secure experienced legal representation from a Lanham criminal defense lawyer immediately.
Our dedicated team of lawyers understands the gravity of these charges and the immense stress they bring. We are committed to providing an aggressive defense to protect your rights and freedom. If you’re facing homicide charges in Lanham, Maryland, contact Alpert Schreyer Criminal Defense Attorneys today for a confidential consultation with a Lanham homicide lawyer. Call our office today at (301) 262-7005
How Alpert Schreyer Criminal Defense Attorneys Can Help If You’re Arrested For Homicide
If you’ve been arrested for homicide in Lanham, MD, working with an experienced criminal defense lawyer is the most important thing you can do. Here’s how we can help you:
- Immediate legal representation: We provide prompt legal assistance to protect your rights from the moment of your arrest.
- Thorough case investigation: We conduct a detailed examination of all evidence, including police reports, witness statements, and forensic evidence.
- Negotiation with prosecutors: We work to negotiate reduced charges or dismissals when possible. We will also try to negotiate a more lenient sentence than what you may get if you are found guilty after a trial.
If you or a loved one is facing homicide charges in Lanham, Maryland, the attorneys at Alpert Schreyer Criminal Defense Attorneys are here to help. Contact us today for a confidential consultation with a Lanham criminal defense attorney.
Overview of Homicide in Maryland
Understanding the different classifications of homicide in Maryland is crucial, as each carries varying degrees of severity and legal consequences. Below is an overview of the primary homicide charges in the state.
Murder in the First Degree
First-degree murder in Maryland is the most serious homicide charge a person can face. It is defined as the intentional and premeditated killing of another person. This means the offender planned the killing beforehand and carried it out deliberately. Additionally, certain circumstances elevate a murder to first-degree status, such as those occurring during the perpetration of specific felonies. These felonies include:
- Arson
- Burglary (excluding fourth-degree burglary)
- Carjacking
- Rape
- Kidnapping
- Mayhem
- First or Second-Degree Sexual Offenses
- Sodomy
- Prison Escape
- Crimes involving destructive devices
Committing a homicide during any of these felonies automatically qualifies the act as first-degree murder under Maryland law.
Murder in the Second Degree
Second-degree murder includes those that are intentional but not premeditated or do not meet the specific criteria for first-degree murder. This charge applies when a person intentionally causes the death of another but without prior planning or under circumstances that do not involve the aggravating factors listed for first-degree murder.
Manslaughter
Manslaughter in Maryland is classified into two categories: voluntary and involuntary, each with distinct legal definitions and implications.
Voluntary Manslaughter
Voluntary manslaughter occurs when a person intentionally kills another in the heat of passion or during a sudden altercation without prior intent to kill. Mitigating circumstances, such as significant provocation or a mutual fight, are present, which reduce the culpability compared to murder charges. In Maryland, discovering a spouse’s infidelity does not qualify as a mitigating factor to reduce a murder charge to manslaughter.
Involuntary Manslaughter
Involuntary manslaughter involves unintentional killing resulting from reckless or grossly negligent actions. The offender did not intend to cause death or serious harm but acted in a way that disregarded human life. Common examples include fatalities resulting from driving under the influence (DUI) or other negligent behavior that leads to someone’s death.
Negligent Manslaughter
Negligent manslaughter charges are specifically related to deaths caused by the negligent operation of a vehicle or vessel. There are two primary distinctions:
Manslaughter by Vehicle (Gross Negligence)
A manslaughter by vehicle charge applies when a driver causes a death by operating a vehicle in a grossly negligent manner. Gross negligence indicates a blatant disregard for the safety of others, where the driver is aware of the risks their actions pose but chooses to proceed anyway. This level of negligence goes beyond ordinary carelessness or mistakes.
Criminally Negligent Manslaughter by Vehicle
Criminally negligent manslaughter by vehicle is characterized by causing death through criminal negligence while operating a vehicle. It involves situations where the driver fails to recognize substantial and unjustifiable risks that their conduct presents, representing a significant deviation from how a reasonable person would act under similar circumstances.
Understanding these distinctions is vital if you or someone you know is facing homicide charges in Maryland.
What Are the Penalties For Homicide in Lanham, Maryland?
The penalties for homicide offenses in Maryland depend on the specific charge and the unique circumstances of each case. Understanding these potential consequences is crucial, as they can significantly impact a person’s future. Below is an outline of the penalties associated with various homicide charges in Maryland:
- Murder in the first degree: A conviction for first-degree murder is punishable by life imprisonment. The court may also impose a sentence of life without the possibility of parole.
- Murder in the second degree: Second-degree murder carries a potential prison sentence of up to 30 years upon conviction.
- Voluntary manslaughter: Those found guilty of voluntary manslaughter may face imprisonment for up to 10 years.
- Involuntary manslaughter: A conviction for involuntary manslaughter can result in up to 2 years in prison and/or a fine not exceeding $500.
- Manslaughter by vehicle (gross negligence): This felony offense is punishable by up to 10 years in prison and/or a fine of up to $5,000.
- Criminally negligent manslaughter by vehicle: As a misdemeanor, this charge can lead to a prison term of up to 3 years and/or a fine reaching $5,000.
Facing homicide charges is an extremely serious matter with life-changing consequences. If you or someone you know is charged with a homicide offense in Maryland, reach out to a criminal defense lawyer as soon as possible.
What Defenses Can Be Raised If I’m Arrested For Homicide?
Facing a homicide charge is an incredibly serious situation. However, there are several legal defenses that can be raised to challenge the charges against you. Below are some common ones that can be raised when facing a homicide charge.
Self-Defense
If you caused the death of another person while protecting yourself from imminent danger of death or serious bodily harm, you may assert self-defense. To successfully use this defense in Maryland, you must show that you genuinely believed you were in immediate danger of death or serious bodily injury, that your belief was reasonable, and that you used no more force than necessary to protect yourself.
Accident
Arguing that the death was an accident can be a defense if there was no intent to cause harm and no reckless or negligent behavior on your part. This defense asserts that the fatality occurred without unlawful intent.
Lack of Intent
For charges like first or second-degree murder, proving lack of intent can be a viable defense. If you did not have the intention to kill or cause serious harm, you might argue that the requisite mental state for these charges is absent. This could lead to reduced charges.
Alibi
An alibi defense asserts that you were not present at the scene of the crime when it occurred. By providing evidence such as witness testimony, surveillance footage, or other documentation proving your whereabouts at the relevant time, you can create reasonable doubt about your involvement.
Mistaken Identity
If you have been wrongfully identified as the perpetrator, you can argue mistaken identity. This defense involves demonstrating that the eyewitnesses or other identification methods are unreliable or incorrect, casting doubt on the prosecution’s claim that you were the one who committed the homicide.
Insufficient Evidence
Challenging the sufficiency of the evidence is a fundamental defense strategy. Your attorney can argue that the prosecution has not met its burden of proving your guilt beyond a reasonable doubt. This may involve scrutinizing the credibility of witnesses, the validity of forensic evidence, and any inconsistencies in the prosecution’s case.
It’s crucial to consult with an experienced criminal defense attorney who can evaluate the specific details of your case and determine the most appropriate defense strategy.
Facing homicide charges in Maryland is one of the most challenging and distressing situations you or your loved ones may ever encounter. The gravity of the accusations requires the strongest legal defense to protect your rights and secure the best possible resolution. At our firm, we recognize the emotional toll and the high stakes involved.
If you or someone close to you is facing these accusations, we can help. Contact Alpert Schreyer Criminal Defense Attorneys to schedule a free consultation with a Lanham homicide lawyer.