Cecily Zamora
Maryland categorises crimes as either felonies or misdemeanours, with the former typically carrying harsher penalties and longer incarceration periods. However, Maryland differs from most other states in its treatment of misdemeanours, which can lead to lengthy prison sentences, including life imprisonment. Notably, Maryland still recognises common-law crimes, which are offences defined by the courts rather than statutory definitions. This means that certain crimes, such as murder and attempt, are classified as common-law misdemeanours, allowing judges greater discretion in sentencing. Understanding these unique aspects of Maryland law is crucial when navigating the state's criminal justice system.
| Characteristics | Values |
|---|---|
| Definition | Crimes defined entirely by the courts, which the legislature has never turned into statutory crimes |
| Examples | Murder, attempt in general, conspiracy to commit theft |
| Classification | Common law crimes are classified as felonies or misdemeanors |
| Felonies | Often lead to longer incarceration periods and carry more stigma |
| Misdemeanors | Less serious crimes that can still result in significant consequences, including lengthy jail time |
| Unique Provisions | Maryland abolished capital punishment in 2013, has harsh drug laws, and treats crimes against a person typically with higher ranges of incarceration |
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What You'll Learn
Misdemeanours in Maryland
In Maryland, crimes are classified into two main categories: felonies and misdemeanours. A misdemeanour is considered a less serious crime than a felony, although the consequences can still be significant. 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.
Maryland, unlike most other states, still has "common-law crimes", which are crimes defined entirely by the courts and have never been turned into statutory crimes by the legislature. For example, murder is a common-law crime in Maryland, as are attempts to commit crimes, except for a few attempts that are statutorily defined as felonies.
Examples of misdemeanours in Maryland include:
- Theft under $1,500
- Possession of a controlled substance (not cannabis)
- Second-degree assault
- Driving under the influence (DUI)
- Trespassing
- Disorderly conduct
- Child neglect
- Cyberbullying
- Stalking
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Common-law crimes
Maryland categorises crimes as either felonies or misdemeanours, which affects how an offence is prosecuted and the potential penalties. Unlike most other states, Maryland still has "common-law crimes", which are crimes defined entirely by the courts and have never been turned into statutory crimes by the legislature. Common-law crimes in Maryland include murder, attempt in general, conspiracy to commit theft, and arson.
The Maryland Code of Criminal Law lists all criminal conduct and penalties in the state. Maryland's criminal code is similar to that of other states in terms of law enforcement, courts, and judicial proceedings. However, Maryland has unique features, such as treating all drug crimes as felonies for purposes of arrest, search, and seizure, even if the defendant is ultimately convicted of a misdemeanour. Maryland also abolished capital punishment in 2013, with the penalty for capital crimes being life without parole.
Maryland's criminal statutes cover a range of offences, including crimes against the person (such as assault, extortion, robbery, kidnapping, and human trafficking), theft, fraud, burglary, arson, and crimes against public health and safety (such as providing minors with alcohol). Maryland's drug laws and DUI laws are also noteworthy, with DUI being classified as a misdemeanour.
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Felonies
In Maryland, crimes are classified into two main categories: felonies and 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 for the convicted person.
Maryland's criminal statutes indicate whether an offence is a felony or misdemeanour and list the potential penalties. Felonies often lead to longer incarceration periods and carry more stigma, making them more difficult to expunge or shield from background checks. Felony convictions can also impact civil rights, such as voting rights, the ability to serve on a jury, and gun ownership.
Maryland's criminal code is similar to that of other states in terms of law enforcement, courts, and judicial proceedings. However, Maryland is unique in that it still has "common-law crimes", which are crimes defined entirely by the courts and have not been turned into statutory crimes by the legislature. For example, murder is a common-law crime in Maryland, as is attempt in general, with a few exceptions that are statutorily defined as felonies.
Theft is another area where felonies come into play in Maryland. Any theft over $1,500 is considered a felony, and conspiracy to commit theft is a common-law misdemeanour crime. Drug crimes are also treated as felonies for purposes of arrest, search, and seizure, even if the defendant is ultimately charged and convicted of a misdemeanour.
In summary, felonies in Maryland carry more severe consequences than misdemeanours and can have a significant impact on various aspects of the convicted person's life. Maryland's unique approach to common-law crimes sets it apart from other states in the classification and prosecution of certain offences.
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Crimes against the person
Maryland categorises crimes as either felonies or misdemeanours, with the classification determining the prosecution, penalties, and long-term consequences for the convicted person. Notably, Maryland is one of the few states that still recognise "common-law crimes", which are crimes defined entirely by the courts and have not been codified into statutory crimes by the legislature. This means that the seriousness of a crime in Maryland is not always based on its classification as a felony or misdemeanour.
Maryland's "Crimes Against the Person" encompass a range of offences, including:
- Assault: Second-degree assault is considered a misdemeanour, while the penalties for higher degrees of assault may result in felony charges.
- Extortion
- Robbery
- Kidnapping
- Human Trafficking: This includes both labour trafficking and the broader category of human trafficking.
- Surveillance and Other Crimes Against Privacy
- Threat of Mass Violence
Maryland's criminal statutes also address specific crimes against public health and safety, such as DUI (Driving Under the Influence) and providing minors with alcohol. The state's drug laws are notably stringent, treating all drug crimes as felonies during the arrest, search, and seizure phases, even if the defendant is ultimately convicted of a misdemeanour.
It's important to note that Maryland's classification of misdemeanours can differ from other states. While misdemeanours typically imply minor crimes with shorter jail terms and lower fines, Maryland misdemeanours can lead to lengthy prison sentences and significant consequences.
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Maryland's drug laws
Maryland has a unique approach to misdemeanours, which are typically considered minor crimes in most states. In Maryland, misdemeanours can carry lengthy prison terms, including life imprisonment in certain cases. Maryland is one of the few states that still recognise ""common-law crimes", which are crimes defined entirely by the courts rather than by legislation. This means that the sentencing for these crimes is at the judge's discretion and may result in harsher punishments than in other states.
The legalisation of recreational marijuana in Maryland allows adults to possess up to 10 grams of marijuana for personal use. However, distributing cannabis without a license is prohibited, and violators are guilty of a misdemeanour, punishable by a maximum fine of $5,000. Additionally, smoking cannabis in public places, including in motor vehicles, is a civil offence that can result in fines ranging from $50 for a first offence to $150 for subsequent offences.
Maryland law also addresses the issue of on-site consumption establishments, which are permitted to operate only with county and municipal approval. These establishments are subject to zoning and planning requirements, and counties and municipalities have the authority to limit how cannabis is consumed on their premises, including restricting smoking or vaping.
It is important to note that Maryland state laws can change through new legislation, court opinions, and other means. Therefore, consulting with a qualified attorney or conducting legal research is essential to understanding the current laws and protecting your rights.
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Frequently asked questions
Common-law crimes in Maryland are crimes that are defined by the courts and have no statutory definition. This means that the sentencing is at the discretion of the trial judge. Murder, for example, is considered a common-law crime in Maryland.
Conspiracy to commit theft is a common-law crime in Maryland. Before 1996, the attempt to commit sexual offenses was also considered a common-law misdemeanor.
Maryland classifies crimes into two main categories: felonies and misdemeanors. However, unlike most other states, a misdemeanor in Maryland can lead to lengthy prison terms, up to life in prison.
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