If you have been charged with homicide in Montgomery County, MD, and are now a defendant, it’s totally normal to be scared and worried about what steps you should be taking next. This type of charge can impact every aspect of your life, from your freedom to your personal life to your career. If you’re in this situation, it’s important to reach out to a defense attorney as soon as you find out that you’re facing charges.
With more than 125 years of combined legal experience, our attorneys are capable of fighting back against the prosecution effectively. Contact Alpert Schreyer Criminal Defense Attorneys today at (301) 364-3195 to schedule a free consultation with a Montgomery County homicide lawyer.
How Alpert Schreyer Criminal Defense Attorneys Can Help If You’re Arrested for Homicide in Montgomery County, MD
If you’ve been arrested for homicide in Montgomery County, you need a legal team that knows how to handle these complicated cases. Here’s how our Montgomery County criminal defense lawyers can help:
- We examine the whole investigation from start to finish, looking for problems with how police gathered evidence or questioned you.
- Our lawyers work with independent experts, including forensic specialists and medical examiners, to review the cause of death and physical evidence.
- We search for witnesses or surveillance footage that the state may have missed or ignored to build a full account of what took place.
- We work with the prosecutor to try to secure a favorable plea deal that could help you avoid a trial and harsh penalties.
Facing a homicide charge is overwhelming, but working with attorneys who understand these cases gives you a real chance to defend yourself and protect your future. Contact us today to schedule a free consultation with an experienced homicide attorney in Montgomery County, Maryland.
Overview of Homicide in Maryland
There are many different types of homicide charges in Maryland, all of which entail causing the death of another person. Here’s an overview of what you could be charged with:
Murder in the First Degree
Murder in the first degree is the most serious homicide charge. It involves planning and carrying out a killing on purpose, or causing someone’s death during another serious crime like arson, rape, or carjacking.
Murder in the Second Degree
A second-degree murder charge means an intentional killing happened, but without any planning or premeditation. This could be an act committed in the heat of the moment, but still with the clear purpose to cause death.
Manslaughter
Voluntary manslaughter covers situations where someone is killed without planning and with circumstances that mitigate culpability somewhat, such as because of extreme emotion or provocation. The law sees this as less serious because there were special circumstances in play, though there is still intent.
Manslaughter by Vehicle
Someone might face a manslaughter by vehicle charge if they caused a death by driving with gross negligence, such as excessive speeding or dangerous maneuvers behind the wheel.
Homicide by Vehicle or Vessel While Under The Influence
Homicide by motor vehicle or vessel while under the influence means causing someone’s death while driving a car or boat in a negligent way after drinking alcohol. Even if you did not mean to hurt anyone, you face serious charges if you cause the death of another person.
Criminally Negligent Manslaughter by Vehicle
This is a similar charge but involves unsafe driving that is considered less reckless – it’s more about poor judgment or not paying attention than outright dangerous behavior.
Understanding the differences between these charges is important because each one carries different penalties and can change how a case is defended.
What Are the Penalties for Homicide in Montgomery County, Maryland?
Penalties for homicide in Montgomery County, Maryland, are severe, with the exact punishment depending on the specific charge filed.
- Murder in thefFirst degree: Life in prison, and in some cases, life without the chance of parole.
- Murder in the second degree: Up to 40 years in prison.
- Manslaughter: Up to 10 years in prison, depending on the specific circumstances.
- Manslaughter by vehicle: Up to 10 years in prison and/or a fine up to $5,000.
- Homicide by vehicle or vessel while under the influence: Up to five years in prison, fines of up to $5,000, or both.
- Criminally negligent manslaughter by vehicle: Up to 3 years in prison and/or a fine up to $5,000.
No matter what type of homicide charge you’re facing, you are looking at serious penalties, and subsequent offenses carry more significant prison time. It’s important to speak with a lawyer as soon as you’re arrested.
Collateral Consequences of a Homicide Conviction in Maryland
A homicide conviction in Maryland carries significant penalties that extend beyond jail or prison time, known as collateral consequences. Some of the most common ones include:
- Loss of voting rights: Convicted felons can lose the right to vote, at least for a period of time.
- Employment issues: Most employers run background checks, and a homicide conviction often stands in the way of getting a job.
- Loss of gun rights: People with a felony record cannot legally own or carry firearms.
- Housing problems: Getting approved for a lease or public housing is much harder with a serious conviction on your record.
- Immigration trouble: Non-citizens may face deportation or denial of citizenship after a homicide conviction.
Working with a lawyer is the best way to minimize these collateral consequences as well.
What Defenses Can Be Raised if I’m Arrested for Homicide in Montgomery County?
If you’re facing homicide charges, there are legal defenses that can be raised by your attorney to help you fight back. Below are some of the most common ones:
Self-Defense
You may claim self-defense if you believed you were in danger of being hurt or killed and you used reasonable force to protect yourself. If your lawyer can show you acted out of fear for your safety, this can be a complete defense to a homicide charge.
The court looks at what a reasonable person would have believed in the same circumstances and whether the force used was proportionate to the danger you were facing.
Accident
Sometimes, a killing is truly accidental. If you did not mean to harm anyone and the death occurred without intent, you can argue that the result was an accident. The court will examine whether your actions were careless or truly unforeseeable.
This could either lead to a full acquittal or dropping of charges, or a conviction for a lesser homicide charge, like manslaughter instead of murder.
Insufficient Evidence
Insufficient evidence is a defense that focuses on the weaknesses or gaps in the prosecution’s case. The state has to prove every part of the charge beyond a reasonable doubt. If the witnesses they’re using are unreliable or their story keeps changing, your lawyer will point this out and try to argue that doubt has been raised.
If the judge or jury has any reasonable doubt, you cannot be found guilty.
Mistaken Identity
If you are falsely accused of homicide, you may be able to argue mistaken identity. It’s possible that the police arrested you incorrectly as a result of a witness misidentifying you, which can happen for a number of reasons. One of the best ways to show that you aren’t the one involved in the crime is to provide an alibi, which shows you were in a different place at the time the crime occurred.
The specific defense used in your case will depend on the type of homicide charge you’re facing and what your lawyer thinks gives you the best chance at walking away without a conviction or serious prison time.
Schedule a Free Case Evaluation With Our Montgomery County Homicide Attorneys
Being charged with homicide brings serious challenges and the risk of life-altering consequences. Fortunately, you do not have to handle this situation by yourself. A defense lawyer can protect your rights and work to tell your side of the story.
Reaching out for help gives you the support you need to make decisions and plan your next steps. Contact Alpert Schreyer Criminal Defense Attorneys to schedule a free consultation with a Montgomery County homicide attorney.
