Maryland Code, Criminal Law § 2-201 defines murder in the first degree to include a killing committed “in the perpetration of or an attempt to perpetrate” certain felonies. These include burglary, robbery, rape, kidnapping, and arson. A conviction carries a life sentence, with or without the possibility of parole.
While “felony murder” is a legal term, the offense is statutorily defined as first-degree murder. Under Maryland case law, the State must show two things: (1) you committed or attempted to commit a felony, and (2) the death was a direct result of that felony or happened in furtherance of it.
How Felony Murder Works
When a felony leads to a death, the State treats the homicide as murder because the act causing the death occurred during the commission of the felony.
- Accomplice Liability: Charges apply even if you did not personally cause the death, provided you or an accomplice committed the fatal act furthering the crime.
- Intent: The State need not prove specific intent to kill.
- Agency Theory: Maryland law generally prevents felony murder charges if a third party caused the death.
Because these factors are complex, understanding how different homicide charges compare is essential.
Differences from Other Homicide Charges
While felony murder is a first-degree offense, other homicide charges apply different standards.
- Second-degree murder: In Maryland, this generally applies when a death results from intentional conduct that does not meet the criteria for first-degree murder (such as premeditation or the specific felonies listed in § 2-201). It carries a lesser maximum sentence.
- Manslaughter: This covers deaths caused by reckless or negligent conduct without the intent to kill (involuntary) or killings committed in the heat of passion (voluntary).
The specific charge filed against you dictates the potential penalties and defense strategies available.
What This Means for You
If you face a homicide charge tied to a felony, the felony murder doctrine affects how prosecutors frame the case. Even if you were not the principal aggressor, involvement in a dangerous felony can lead to a life sentence if an accomplice causes a death during the offense.
See how accomplice homicide liability connects with felony murder laws.