When Can a Gun Accident in Maryland Be Charged as Manslaughter?

 Posted on September 14, 2025 in Criminal Defense

Some shooting accidents are just that – accidents. A firearm may accidentally discharge during a hunting trip, during target practice, or when an individual is cleaning his or her gun. However,  under Maryland law, an "accident" does not always shield someone from criminal charges. If the prosecutors believe the shooting involved reckless or grossly negligent behavior, the accused could potentially face manslaughter charges.

Manslaughter is a felony that carries serious prison time and a criminal record for life. It is important to understand how the state defines involuntary manslaughter in the context of gun accidents if you own or handle firearms. Because one instant that results in a gun accident can change your life forever, you must consult with a highly experienced Silver Spring, MD criminal defense lawyer.  

Defining Manslaughter in Maryland

Manslaughter in Maryland refers to the unlawful killing of another person without malice. In this state, manslaughter is divided into voluntary manslaughter and involuntary manslaughter. Intent is not a legal requirement for either type of manslaughter. Voluntary manslaughter occurs in the "heat of passion," as a result of provocation that caused a loss of self-control.

An example of voluntary manslaughter (Maryland Criminal Law Code Section 2-207) would be discovering a spouse in an act of infidelity and committing a fatal act immediately thereafter.  Involuntary manslaughter is charged when someone exhibits negligent or reckless behavior that leads to a death, or when an individual’s behavior shows a disregard for human life.  

When Might a Gun Accident Cross into Manslaughter?

Some examples of negligent conduct with firearms could include:

• A person is cleaning or displaying a gun while intoxicated, and the gun discharges, causing a fatal accident.
• A hunting accident is the result of an individual ignoring safety rules.
• An individual is mishandling a loaded weapon around children when it goes off and causes a death.
• A person fires a gun into the air during a celebration, killing another individual.
• An individual fails to secure a loaded firearm from access by children, resulting in a fatal accident.  

How Maryland Views Criminal Negligence vs. Accident

In Maryland, the crucial distinction between criminal negligence and a simple accident lies in the defendant’s state of mind and the degree to which the defendant disregarded the risk of a fatal accident. While an accident is both unintentional and unfortunate, criminal negligence involves a gross deviation from the standard of care that a reasonable person would exercise, creating a substantial risk.

Criminal negligence involves blameworthiness where the failure to use reasonable care completely disregards the safety of others. An accident lacks the high degree of carelessness or outrageous behavior required for criminal charges. The result of criminal negligence is serious bodily injury or death, while an accident can also result in serious bodily injury or death, but does not rise to the level of criminal negligence.  

Potential Defenses in Gun Accident Manslaughter Cases

A knowledgeable attorney may argue that the actions did not rise to the level of gross negligence or that there was a lack of causation, meaning the gun handling was not directly responsible for the death. There may be a constitutional defense if there was an unlawful search or seizure of the firearm, or the police could have made mistakes during the arrest or interrogation. The attorney may call an expert witness to testify on firearm safety and ballistics.  

Contact a Montgomery County, MD Firearm Crimes Lawyer

If you are facing manslaughter charges as a result of a gun accident, consulting with a highly experienced Silver Spring, MD criminal defense attorney from The Law Offices of Gerstenfield & Demirji, PC. is the best step you can take. We are available 24/7, offering warmth and compassion to clients while aggressively fighting for their rights.

You cannot afford to assume the court and the prosecutor will treat the incident as a mistake. Our firm will comprehensively investigate the facts, challenge the prosecution’s case, and fight to protect your rights and your future. Call 301-589-9500 to schedule your free consultation. We are fluent in Arabic and Spanish.