Silver Spring Murder Defense Attorney

Murder Defense Lawyer Serving Clients in Silver Spring, MD

Murder is widely considered the most serious offense a person can be charged with. It is the highest of the violent crimes. Prosecutors charge this crime when they believe that the defendant intentionally took the life of another person with malice and forethought. If the defendant was heavily provoked or the killing was unintentional, manslaughter would be charged. The definition of murder is very specific and means that the defendant formed the intent to kill before performing the act that led to the victim's death. If you are accused of murder, the rest of your life is in jeopardy. You could face life behind bars.

The Law Offices of Gerstenfield & Demirji, PC. is experienced in defending people who have been accused of homicide. Our dedicated Rockville, MD murder defense lawyers will do all we can to provide you with the best possible defense against your murder charge. There are multiple types of murder in Maryland depending on the circumstances of the offense, but all are extremely serious felonies in the first degree. You need a highly experienced and dedicated criminal defense attorney to represent you in court.

Murder in the First Degree

Murder in the first degree is the most serious form of murder charge. There are multiple types of situations where murder in the first degree would be charged. The first three sets of circumstances that could lead to first-degree murder charges are:

• Premeditated, deliberate, and intentional murder - This means that the decision to kill was not made in the heat of the moment, but was made in a cool and dispassionate manner. If the defendant created a plan to murder the victim ahead of time and carried it out, first-degree murder would likely be charged.
• Murder committed by lying in wait - Lying in wait for the victim—such as by hiding in or around the victim's home, or waiting in a parking lot outside the victim's workplace to ambush them as they walked back to their car—suggests that the defendant had time to cool off and reconsider his plan, but chose to go through with the murder anyway. It also demonstrates a level of premeditation and deliberation.
• Murder committed by poison - Poisoning the victim automatically leads to first-degree murder charges. Like the first two types of first-degree murder, murder by poison suggests that the killing was planned ahead of time.

Murder in the first degree is also charged when the defendant was committing a specific type of felony when the killing took place. Types of felonies that can lead to this charge include:

• Burglary
• First-degree arson
• Kidnapping
• Carjacking
• Rape
• Any other first or second-degree sex crime
• Escape from a correctional facility in the first degree
• Any offense involving a destructive device

Murder in the Second Degree

Murder in the second degree is still an extremely serious charge. This offense encompasses all forms of intentional murder that do not meet the definition of murder in the first degree and do not fall under the definition of voluntary manslaughter for lack of provocation or because the killing was deliberate.

Murder in the second degree carries up to thirty years in prison. An attorney can sometimes make a case for downgrading the charge to voluntary manslaughter depending on the circumstances of the case.

People charged with either form of murder are generally more likely to take their cases to trial after a risk/benefit analysis. Unless the evidence against you is exceptionally strong, the possible benefit of being found not guilty may outweigh the risk of a slightly longer sentence if you get convicted at trial instead of accepting a plea bargain.

Contact a Silver Spring, MD Homicide Attorney

The Law Offices of Gerstenfield & Demirji, PC. has the legal experience needed to defend you against the most serious charges. Our dedicated team of Silver Spring murder lawyers will do everything we can to put forth the best defense possible. Contact us at 301-589-9500 for a complimentary consultation.