When someone is charged with first-degree murder in Maryland, it means they’re facing the most serious type of homicide under state law. But what exactly does “first-degree murder” mean—and how is it different from other types of homicide? In this post, we break down the legal definition, examples, and penalties for first-degree murder in Maryland.
What Is First-Degree Murder?
Under Maryland Criminal Law § 2-201, first-degree murder is defined as a willful, deliberate, and premeditated killing. This means the defendant intentionally planned and carried out the killing, even if that planning happened moments before the act.
To convict someone of first-degree murder, prosecutors must prove:
- The killing was intentional
- The defendant thought about and planned the act in advance
- The act was deliberate, not accidental or impulsive
Types of First-Degree Murder in Maryland
Not all first-degree murders require proof of premeditation. Maryland law lists certain types of killings that automatically qualify as first-degree murder, including:
1. Felony Murder
This occurs when a person is killed during the commission or attempted commission of a dangerous felony. Common examples include:
- Robbery
- Burglary
- Rape
- Arson
Even if the killing was unintentional, the person committing the underlying felony can be charged with first-degree murder.
2. Poisoning
Administering poison with the intent to kill is classified as first-degree murder.
3. Lying in Wait
Ambushing or stalking a victim before committing the killing elevates the charge to first-degree murder.
4. Contract Killings
Hiring someone to kill another person—or agreeing to be hired for that purpose—is considered first-degree murder.
Penalties for First-Degree Murder in Maryland
The penalties for a first-degree murder conviction are severe. If found guilty, a defendant may face:
- Life in prison, with or without the possibility of parole
- Life without parole, if aggravating factors exist (such as multiple murders or murder of a law enforcement officer)
Maryland abolished the death penalty in 2013, so life imprisonment is the maximum punishment.
First-Degree Murder vs. Second-Degree Murder
The key difference lies in premeditation and intent:
- First-degree murder involves planning and a deliberate decision to kill.
- Second-degree murder usually involves intentional killing without premeditation or results from extremely reckless behavior.
Understanding this distinction can affect how a case is charged, defended, and sentenced.
Examples of First-Degree Murder Charges
- A person waits in the bushes outside their ex-partner’s home and shoots them when they arrive—lying in wait and premeditation make it first-degree.
- During a home burglary, the homeowner is shot and killed—this can be charged as felony murder, even if the shooter didn’t intend to kill.
- Someone hires a hitman to kill a business rival—murder-for-hire is classic first-degree murder.
Why You Need a Criminal Defense Lawyer
If you or a loved one is facing a first-degree murder charge in Maryland, you need a seasoned criminal defense lawyer immediately. These cases carry life-altering consequences, and your freedom—and future—are on the line. A skilled attorney can evaluate the evidence, challenge the prosecution’s case, and build the strongest possible defense.
Charged with First-Degree Murder in Southern Maryland?
At Southern Maryland Criminal Defense, we represent clients facing the most serious criminal charges—including murder—in Charles County, St. Mary’s County, Calvert County, and Prince George’s County. Our team has the experience and courtroom skill to fight for your rights and your freedom.
