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. Kirk in Baltimore will argue, there is sufficient provocation to mitigate murder to manslaughter].
The essential difference between murder in the first, and murder in the second is the absence of deliberation and premeditation in the latter.
Many may ask if that answers the question. Can the differn3ece be in the mental process rather than the physical action? So, what is the Difference Between A Baltimore Murder First Degree Charge and Second Degree? Baltimore courts have noted the fundamental difference between either murder charge and manslaughter is an absence of malice in latter.1 But, is that the only Difference Between A Baltimore Murder First Degree Charge and Second Degree? The other highly significant difference- and the key difference no doubt focused on by anyone accused of crime in Baltimore- is in the sentence. Whereas a murder 1st conviction will get the perpetrator life, a murder 2nd conviction carries a penalty of up to 30 years. Murder 1st can be prosecuted as an attempt. [see e.g. Baltimore Man’s Murder 1 Conviction].
I offer a free planning and strategy session to anyone accused of a crime. At this meeting, we will evaluate the evidence, examine the strength of the State’s case, and analyze the most effective defense. If the State has chosen to prosecute you, contact me today. 410 591 2935
FN1 Lindsay v. State, 258 A.2d 760.
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A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.
