Gavin Howe
In Maryland, crimes are categorized into three groups: infractions, misdemeanors, and felonies. Infractions are the least severe, followed by misdemeanors, and then felonies, which are considered the most serious crimes. While the seriousness of a crime is not always based on whether it is a felony or a misdemeanor, felonies are generally considered more severe and carry harsher penalties, including long prison sentences, large fines, and long-term impacts on civil rights. Some common examples of felonies in Maryland include first-degree murder, rape, aggravated assault, and carjacking.
| Characteristics | Values |
|---|---|
| Nature of Crime | More serious crimes that pose a significant threat to public safety, involve violence, or cause substantial harm |
| Examples | Murder, rape, robbery, burglary, theft over $1,500, drug distribution, sex trafficking of a minor, manslaughter or homicide by vehicle, credit and debit card fraud, drunk driving, domestic violence, assault, battery, stalking, kidnapping, human trafficking |
| Penalties | Higher fines, severe penalties ranging from one year to life in prison, or even the death penalty |
| Long-term Consequences | Impact on civil rights (voting, jury service, firearm possession), employment, and housing |
| Statute of Limitations | Varies depending on the crime; for example, crimes involving unlawful use of a driver's license have a 2-year limit, while manslaughter has a 3-year limit |
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What You'll Learn
Felony vs misdemeanour
In Maryland, crimes are classified into two main categories: felonies and misdemeanours. While felonies are traditionally considered more serious crimes, both felonies and misdemeanours can carry very long sentences. How a crime is classified determines how an offence is prosecuted, the potential penalties, and the long-term consequences for the convicted person.
Felonies are the most serious crimes and typically carry harsher punishments such as long prison sentences, large fines, and long-term impacts on civil rights, including voting, jury service, and firearm possession. They are usually heard in state superior court. Examples of felonies include murder, rape, robbery, burglary, theft over $1,500, drug distribution, and sex trafficking of a minor.
Misdemeanours are less serious crimes that typically include non-violent offences such as shoplifting, reckless driving, simple assault, or drug possession for first-time offenders. They are usually handled by the district or municipal court. Misdemeanours can result in jail time, typically served in a local county jail, smaller fines, and temporary punishments.
It is important to note that the classification of crimes and their respective punishments can vary between states. For example, in Massachusetts, the distinction between felonies and misdemeanours is based on whether the crime can be punished by a state prison sentence. If a crime is punishable by imprisonment in state prison, it is considered a felony, whereas misdemeanours are offences that cannot be punished by a state prison sentence.
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Penalties and sentencing
In Maryland, crimes are classified as either felonies or misdemeanours. Felonies are generally considered more serious crimes and include offences that pose a significant threat to public safety, involve violence, or cause substantial harm. However, the seriousness of a crime is not always based on whether it is labelled a felony or misdemeanour. Some misdemeanours in Maryland carry longer sentences than some felonies.
Felony convictions often carry harsh penalties, including long prison sentences, large fines, and long-term impacts on civil rights, such as voting, jury service, and firearm possession. The maximum sentences for felonies in Maryland are typically one year or more, but some sentences may be served in county jail rather than prison. Additionally, certain felonies allow the option of a sentence in jail rather than prison. For example, the penalty for manslaughter is either up to 10 years in prison or up to two years in local jail and/or a fine of up to $500.
The laws for each felony in Maryland establish the maximum allowable penalty for that crime and sometimes a mandatory minimum penalty. Judges have discretion in sentencing and consider the circumstances of the crime and the defendant's background when deciding on the specific penalty to impose. Several crimes in Maryland, including some felonies, increase penalties for repeat convictions for the same offence. For instance, increasing penalties apply to second, third, or fourth offences for illegal manufacturing or distributing narcotics.
Maryland misdemeanours carry penalties ranging from 30 days in jail to 20 years in prison, with fines ranging from $250 to $10,000. Similar to felonies, judges have discretion in sentencing for misdemeanours and consider the circumstances of the crime and the defendant's background. Misdemeanour convictions typically carry shorter jail terms and lower fines than felonies. However, some misdemeanours, such as second-degree assault or certain drug offences, can result in lengthy jail time and have lasting effects on a person's criminal record.
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Civil rights and employment
In Maryland, crimes are classified as either felonies or misdemeanours. A felony is considered a serious crime by the state of Maryland and the U.S. Federal Government. Felonies are generally considered more serious crimes and often carry harsher penalties, including long prison sentences, large fines, and long-term impacts on civil rights.
A felony conviction can have significant impacts on an individual's civil rights and employment prospects in Maryland. Here are some key considerations:
- Voting Rights: Felony convictions can impact an individual's right to vote. While some states have taken steps to restore voting rights, Maryland does not explicitly fall into this category.
- Jury Service: Felony convictions can also affect an individual's ability to serve on a jury. This is another area where a felony conviction can limit civic participation.
- Firearm Possession: In Maryland, felony convictions often result in the loss of the right to own or possess firearms. This can have implications for individuals who wish to own guns for personal protection, hunting, or other lawful purposes.
- Employment Opportunities: A felony conviction can make it challenging to secure employment. Employers in Maryland are legally allowed to ask about past felony convictions, and this information may influence their hiring decisions. The type of felony and the nature of the job applied for may also be factors that employers consider.
- Housing: Felony convictions may also impact an individual's ability to secure housing. Background checks that reveal felony convictions can sometimes result in housing applications being denied.
- Social Stigma: Felonies tend to carry a more significant social stigma than misdemeanours. This stigma can further compound the challenges faced by individuals with felony convictions when seeking employment or housing.
- Record Expungement: Maryland has resources and organisations focused on guiding individuals through the process of expungement, sealing, and restoration of rights following a felony conviction. These processes can help mitigate some of the long-term consequences and improve opportunities for employment and housing.
- Discrimination in Employment Laws: While Maryland has not explicitly listed criminal records as a prohibited basis for employment discrimination, there are ongoing efforts and reforms to address this issue. The Collateral Consequences Resource Center, for instance, has reported on recent advancements in this area.
- Waiting Periods for Record Clearing: The process of clearing or sealing a felony conviction record often involves waiting periods established by statute. These waiting periods can range from 0 to 20 years, impacting how soon an individual can seek relief from the consequences of their felony conviction.
- Reintegration and Reentry Initiatives: Organisations like the Collateral Consequences Resource Center and the Reentry of Ex-Offenders Clinic at the University of Maryland School of Law work towards reintegration and relief for individuals with felony convictions. Their efforts include recognising states with exemplary reintegration laws and pushing for similar reforms in Maryland.
While felony convictions carry significant weight in Maryland, various resources and legal avenues can help mitigate their long-term effects on civil rights and employment. Seeking legal advice from criminal attorneys and staying informed about evolving laws and reforms are crucial steps for individuals navigating these challenges.
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Prosecution and statute of limitations
In Maryland, crimes are classified as either felonies or misdemeanours. The classification of a crime as a felony or misdemeanour affects how an offence is prosecuted, the potential penalties, and the long-term consequences if the person is convicted.
The Maryland Criminal Code is the collection of laws and statutes that define crimes, how they are prosecuted and what the sentences may be. The Criminal Code also sets out the statute of limitations for various crimes. The statute of limitations refers to the limited period of time within which a lawsuit can be filed or criminal charges can be brought against a suspect. The point of the statute of limitations is to ensure fair trials based on the best evidence. Over time, evidence can deteriorate or disappear, and witnesses may become unavailable or their memories unreliable.
The statute of limitations for criminal cases in Maryland is different from that of civil cases. For most civil actions, there is a limitation period of three years after the act which caused harm. However, some types of cases have different limitation periods. For example, the limitation period for assault, libel or slander is one year.
The statute of limitations for criminal cases varies depending on whether the offence is a felony or misdemeanour, and the type of crime. Some serious crimes, such as murder, manslaughter, rape and unlawful homicide, do not have a statute of limitations. A three-year statute of limitations applies to other felony crimes, including manslaughter and homicide by vehicle. There is a five-year statute of limitations for sexual extortion, and a 10-year statute of limitations for stalking.
In some cases, the statute of limitations might run out for one offence but the accused may still be prosecuted for another offence or in another jurisdiction. The accused may also still be vulnerable to federal charges.
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Common felony examples
In Maryland, crimes are classified as either felonies or misdemeanors, with felonies being considered more serious. However, it's important to note that the classification of a crime as a felony or misdemeanor does not always determine its seriousness. Some misdemeanors in Maryland carry longer sentences than some felonies. Felonies are generally defined as crimes that pose a significant threat to public safety, involve violence, or cause substantial harm.
- Murder
- Rape
- Robbery
- Burglary in the first degree
- Theft over $1,500
- Drug distribution
- Sex trafficking of a minor
- Manslaughter or homicide by vehicle
- Credit and debit card fraud
- Involuntary manslaughter
- Criminal negligence
The consequences of a felony conviction in Maryland can be severe and have long-term impacts on various aspects of an individual's life. These consequences may include:
- Long prison sentences
- High fines
- Restrictions on civil rights, such as voting, jury service, and firearm possession
- Difficulty in securing employment and housing
- Negative impact on reputation and financial security
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Frequently asked questions
A felony is considered a serious crime by the state of Maryland and the U.S. Federal Government. Felonies include offences that pose a significant threat to public safety, involve violence, or cause substantial harm.
Some common examples of felonies in Maryland include murder, rape, robbery, burglary, theft over $1,500, drug distribution, and sex trafficking of a minor.
Felony convictions often carry harsh penalties, including long prison sentences, large fines, and long-term impacts on civil rights such as voting, jury service, and firearm possession. A felony conviction can also make it difficult to secure employment and housing.
Misdemeanors are generally considered less serious crimes than felonies. While misdemeanors typically carry lighter sentences, including fines and/or up to twelve months in prison, felonies are punished by higher fines and severe penalties ranging from one year to life in prison, or even the death penalty in Maryland.
