What Is Considered Murder in the First Degree in Maryland?
Of course, any act that leads to the death, or contributes to the circumstances of the death, of another is going to be scrutinized thoroughly. As one might guess, Maryland law appropriately punishes any intentional act leading to a death harshly. The unlawful killing of another is punished in varying degrees of severity, depending on the culpability... Read more »
What is ‘Felony Murder” in Maryland?
I’ve alluded in another chapter to the so called felony murder rule. Criminal defense lawyers in Baltimore know this can be incredibly harsh. If a death occurs in the course of enumerated felonies, even if it is not intended, it is first degree murder. Those specific crimes include: arson in the first degree; burning specified structures; burglary... Read more »
The One Year and One Day Rule
In other chapters, we’ve discussed the heinous crime of murder. Criminal defense attorneys Attorney Eric T. Kirk in Baltimore that paid attention in their law school classes may remember that, at common law, a person could not be convicted of murder if the death occurred more than a year and a day after the act or omission... Read more »
What is Considered Manslaughter in Maryland?
Manslaughter is the unlawful killing of another, that is not first or second degree murder. The maximum penalty for manslaughter is 10 years -much less than the maximum for murder. Manslaughter is typically defined the killing of another, but without malice or premeditation. Experienced Baltimore Criminal Defense attorneys Attorney Eric T. Kirk have argued that an action,... Read more »
Is Causing the Death of a Viable Unborn Child Considered Murder In Maryland?
Criminal defense lawyers Attorney Eric T. Kirk in Baltimore are aware there a specific provisions dealing with the death of a fetus. A person must have acted with: the intent to cause the death, or grievous injury, or with a wanton disregard for the safety of the unborn. If an act leads to the death of an unborn,... Read more »
What is Considered Adequate Provocation To Reduce A Charge To Manslaughter?
Experienced Baltimore Criminal Defense attorneys Attorney Eric T. Kirk have successfully argued that the client who has caused death are perhaps guilty of manslaughter, but not murder. The idea here is that, unfortunately, a death resulted, but it was not the result of a premeditated design, but rather an event, happening or occurrence that aroused such... Read more »
What is the Difference Between A Baltimore Murder First Degree Charge and Second Degree?
What is the Difference Between A Baltimore Murder First Degree Charge and Second Degree? All murders committed in Baltimore are assumed to be “murder in the second”. If the State can’t prove willful premeditation [i.e. murder/first], then murder/second is the appropriate charge [unless of course, as a good criminal defense lawyer like Attorney Eric T.... Read more »
How Does Maryland Law Define Malice?
In the criminal context, it is said that Malice is the intentional doing of a wrongful act to another without legal excuse or justification. It includes any wrongful act done wilfully or purposely.” -Chisley v. State, 202 Md. 87, 95 A.2d 577 (Md. 1953) If death results, then that act is punishable as murder. Seasoned... Read more »
What is Considered Gross Negligence Under Maryland Law?
It’s probable that any Baltimore attorney who deals in both personal injury and criminal defense cases has argued the distinctions between garden variety negligence, gross negligence [and potentially recklessness] at trial. What is Considered Gross Negligence Under Maryland Law? Nice differences are likely well known to those Baltimore lawyers getting regular 5 star reviews from... Read more »
What Are Manslaughter by Vehicle and Criminal Negligence in Maryland?
We’ve seen that a person who drives a vehicle in a grossly negligent manner, and causes death, commits manslaughter by vehicle, and can be subject to 10 years in prison. Seasoned Baltimore Criminal Defense attorneys Attorney Eric T. Kirk also know that the criminal law does not punish a person causing death by vehicle, where that person is acting... Read more »
Homicide By Motor Vehicle While Under The Influence Of Alcohol or Impaired in Maryland
Negligent driving, alone, that results in the death of a person carries a penalty of three years. As Attorney Eric T. Kirk will tell you. The penalties go up if a vehicle and alcohol are involved, and a death results. A person who negligently operates a motor vehicle while under the influence of alcohol commits a felony, when a... Read more »
What are the Penalties for a Child Abuse Conviction?
There is no question this is an ugly subject. Many good criminal defense lawyers Attorney Eric T. Kirk in Baltimore will shy away from representing those accused of these crimes. The social stigma associated with a child abuse accusation, let alone a conviction, is toxic and can present lifelong implications. There is no room for argument... Read more »
