Attempted Second-Degree Murder

How ‘Imperfect’ Self-Defense Applies to Criminal Cases in Maryland

July 17, 2024 | by Anthony A. Fatemi, LLC

Most people are aware of the legal defense of “self-defense.” Most people do not know, however, that the law recognizes more than one type of self-defense. Depending on the facts of a case, the accused may be entitled to assert what the law calls “perfect” or “imperfect” self-defense. Each offers its own ways of helping an accused person. When facing a serious criminal matter, you should talk to an experienced Maryland criminal defense lawyer, who can provide insight into the affirmative defenses available under this state’s laws, including self-defense.

In Maryland, “perfect” self-defense requires an accused person to prove that he had an actual fear of “immediate or imminent… bodily harm,” and that this belief was objectively reasonable. “Imperfect” self-defense requires proving that the accused acted on an actual fear of immediate or imminent bodily harm, even if that belief was unreasonable. Perfect self-defense is a complete defense and, when proven, entitles an accused person to an acquittal. Imperfect self-defense negates the element of malice, allowing, for example, a person facing a murder charge to receive a conviction for the lesser crime of voluntary manslaughter.

Recently, the Appellate Court of Maryland weighed in regarding when an accused person is entitled to demand that his jury receive an instruction regarding imperfect self-defense.

‘No-Communication’ Orders During Court Recesses and the Right to Counsel in Maryland

October 31, 2023 | by Anthony A. Fatemi, LLC

One of the most important fundamental rights each person in Maryland has is the right to legal representation in criminal matters. This right acknowledges just how important a robust defense is to a fair criminal process and how life-altering a criminal conviction can be. If you are facing a criminal charge (or under suspicion of a crime,) it is important to retain not just any attorney but rather the right Maryland criminal defense lawyer with the knowledge and experience necessary to provide you with the effective advocacy you need.

Because the right to counsel is so fundamental, a trial court order impinging it can be illegal and the basis for a successful appeal. Take, for example, the criminal trial arising from a Christmas night altercation at a Columbia convenience store.

The dispute turned into a stabbing that left one man injured, one man dead, and a Baltimore man on trial for second-degree murder and attempted second-degree murder. The accused asserted that he acted in self-defense.

A Man Charged in a Maryland Machete Attack Defends Himself Without a Lawyer… and Gets the Maximum Possible Sentence

June 20, 2019 | by Anthony A. Fatemi, LLC

An old adage says that “a man who is his own lawyer has a fool for a client.” The adage, of course, means that it is generally never a good idea to proceed without skilled legal representation in any legal action. The need for effective counsel is never greater than in a criminal case, which is why your defense needs to include a knowledgeable Maryland criminal defense attorney working for you.

G.S. was someone who tried to defend himself, and the result of his trial was not a favorable one for him. He was on trial for a very serious matter. Allegedly, he stabbed another man with a machete during a May 2016 altercation. The state charged G.S. with attempted first-degree murder, attempted second-degree murder, first-degree assault and second-degree assault. The defendant did not hire his own attorney and was appointed a public defender. In fact, he was appointed two different public defenders at two different points. G.S., however, decided that he could do a better job than these lawyers, and asked to proceed without counsel. The judge concluded that the defendant hadn’t provided a good reason for dismissing the public defenders but let him do it anyway.

Unsurprisingly, the trial was not a success for the accused. The jury found him guilty on all counts and he was sentenced to life in prison for the attempted first-degree murder count. In other words, the result of G.S.’s trial was the least favorable one possible for him. The lawyers he fired literally could not have done worse in terms of outcomes no matter how well or poorly they performed.

What Happens When the Judge Doesn’t Go Along with Your Maryland Plea Agreement?

February 7, 2019 | by Anthony A. Fatemi, LLC

You probably are familiar with the concept of plea bargains in criminal cases. What you may (or may not) know is that when the prosecution and defense reach a plea agreement, the judge isn’t obliged to follow the deal’s terms. So, even once you have worked out a plea deal with the prosecution, it is essential to be prepared for every possible outcome, including the judge not going along with the deal. In other words, you need skilled Maryland criminal defense counsel that can have you prepared for all possibilities.

A recent case from Baltimore County was an example of this scenario. The background to the case was a domestic dispute. H.H. had allegedly gotten into an argument with his girlfriend at her home and, after being escorted out by other men, threatened to “shoot up” the home. A few hours later, three men arrived at the residence, burst through the rear door and shot up the home. Based on these events, the state charged H.H. with 52 counts, including two attempted murder charges, several assault charges and multiple gun crimes.

H.H. pled guilty, as part of a plea deal, to one count of conspiracy to commit first-degree assault, and the state nolle prossed the other charges, meaning that it declined to prosecute those other 51 counts. The sentence to which H.H. agreed was 15 years with all but three years suspended. The judge sentenced H.H. not to 15 years with all but three years suspended but to 25 years with all but 13 suspended. In other words, the judge tacked on an extra 10 years. The man asked to withdraw his plea and receive a new trial, but the judge refused.

An Improper Refusal of a Voir Dire Question and How That Helped a Maryland Man Get His Assault Conviction Vacated

June 22, 2017 | by Anthony A. Fatemi, LLC

In a criminal case, it might be easy to assume that the outcome of the case will be a result of what takes place during the trial. The reality of criminal trials is more complicated than that. A favorable or unfavorable outcome often has a lot to do with who is on the jury, rather than just which evidence is placed before those jurors. The careful execution of questioning jurors and excluding those who might make for poor fits is a vital part of your defense. In the case of one man facing attempted murder charges, an error by a judge in not allowing the defense to ask potential jurors a particular question resulted in a reversal of his conviction by the Court of Special Appeals.

Maryland’s High Court Throws Out Attempted Murder Conviction Against Driver Who Fled from Police

December 21, 2016 | by Anthony A. Fatemi, LLC

There are many risks that a driver assumes when he or she decides to escape from pursuing police officers. One of these risks is the potential of committing more crimes by harming innocent bystanders. While one might face certain charges if one hits a bystander, the law does not allow the state to charge attempted murder when the proof in the case shows that the driver was motivated by a specific intent to outrun the police, rather than to kill the bystander. In one recent case originating from Dorchester County, that’s what happened and what led the Maryland Court of Appeals to throw out an attempted murder conviction.

Maryland Court Upholds Admission of Evidence of Other Crimes in Attempted Second-Degree Murder Case

May 26, 2015 | by Anthony A. Fatemi, LLC

A person who is arrested or charged with a criminal offense will be entitled to many legal protections throughout the criminal proceedings. It is important to understand the extent of one’s legal rights at each stage of the process. Once a case reaches trial, there are many local state rules of evidence that a court may enforce in order to protect the person charged with a crime. One important example concerns the State’s use of evidence of other crimes, wrongs, or acts in the pursuit of a conviction. Maryland law is fairly clear on this issue. Evidence of prior criminal acts may not be introduced to prove the guilt of the offense for which the defendant is on trial. As with many evidence rules, there are certain exceptions, the applicability of which will depend on the circumstances of the case. If you have any questions regarding a criminal arrest or charge, it is essential that you contact a Maryland criminal defense attorney as soon as possible in order to protect your rights.

In a recent case, Page v. State of Maryland, Jamal Marcus Page appealed his conviction, arguing (among other things) that the court erred in allowing evidence of an alleged “other assault,” committed by Page against the victim approximately two weeks prior to the charged offense. According to the facts revealed at trial, the victim — Rubearth Nichols — claimed that Page shot him six times and then ran away. He further testified that he had known Page for approximately nine or ten years and identified him, both in and out of court. Nichols further testified that, two weeks before this shooting, he and Page had argued over money and that Page attempted to shoot him then, but his gun jammed. The jury convicted Page of attempted second-degree murder and the use of a handgun in the commission of a felony or crime of violence (among other crimes). He was sentenced to 50 years of incarceration, with 15 years suspended.