Violent crimes carry significant social stigma. They also often carry some of the most significant penalties possible under the law. Homicide offenses are among the most severe violent charges that prosecutors can bring against defendants.
There are a variety of different terms used to describe homicide offenses, and people may find those terms confusing. Those facing homicide charges often need to understand what separates one offense from the other. Most people understand that first-degree murder is the most serious type of homicide that the state prosecutes.
What are the legal differences between first-degree murder and other forms of homicide?
Homicide is an umbrella term
People sometimes use the word homicide interchangeably with murder. However, murder is a distinct category of homicide. Homicide is an umbrella term that refers to a person or business causing the death of a human.
Manslaughter is technically a form of homicide. In cases where one person caused the death of another due to intense emotions or negligence, the state could charge them with manslaughter, which is a felony. While one party may not have intentionally caused the death of another, they may still be criminally culpable in a manslaughter scenario.
Murder is the term for situations where people intend to deprive another person of their life. In Maryland, there are two different degrees of murder. First-degree murder is the more serious offense, and those accused of murder need to know what separates first-degree charges from second-degree charges.
First-degree murder involves planning
Technically, any murder offense that does not meet the standards for first-degree murder charges leads to second-degree murder charges. In some cases, prosecutors operate under the presumption that the crime involved premeditation.
Special considerations that may lead to first-degree murder charges include:
- the use of poison
- lying in wait for another party
- burglary
- robbery
- carjacking
- sexual assault
- arson
- escape from a state or federal prison/jail
- kidnapping
- the use of destructive devices
A first-degree murder charge could lead to penalties including life imprisonment. A second-degree murder charge, on the other hand, carries a maximum penalty of up to 30 years in prison.
Those facing murder or other homicide charges may need help understanding the law, and that’s okay. Developing a thorough defense strategy or negotiating for a plea bargain can help people limit the penalties they’re facing or reduce the charges that show up on their criminal record.