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Understanding Misdemeanors in Maryland
The legal framework of Maryland categorizes offenses into two primary classifications: felonies and misdemeanors. However, it does not further subdivide these categories into grades such as "Class A or B". In other words, the classification of a crime is directly linked to the penalties outlined within the applicable statute. A misdemeanor in Maryland is characterized as a minor offense that may result in fines, imprisonment, or both.
Examples of Misdemeanors in Maryland
In Maryland, severe misdemeanors involve a range of behaviors that include:
- Theft
- Driving Under the Influence (DUI)
- Second-Degree Assault
- Trespassing
- Possession of a Controlled Dangerous Substance
- Disorderly Conduct
| Offense/Statute | Description | Potential Penalty |
|---|---|---|
| Second-Degree Assault (§ 3-203) |
Battery or simple assault with no severe injury. However, any action that intentionally inflicts physical injury on parole agents, law enforcement officers, or first responders elevates this offense to a felony conviction. |
Maximum limit of 10 years imprisonment or a fine not exceeding $2,500. |
| First Offense DUI (§ 21-902) | Driving a vehicle while under the influence of drugs/alcohol, with a BAC of 0.08 or above | Not exceeding a $1,200 fine or a jail sentence of up to 1 year. |
| Trespassing § 6-403 | Entering a person's property after being instructed by the owner not to do so | Up to a $1,000 fine, up to 6 months imprisonment, or both for the first violation Up to 1 year imprisonment, up to a $2,500 fine, or both for each subsequent offense |
| Theft (§ 7-104(g)(2)) | Stealing of Items with a value greater than $100 but less than $1,500 | A fine of up to $500 or imprisonment for up to 90 days Individuals with four or more theft convictions involving items valued at $1,500 or less may likely face a 5-year prison sentence and pay a fine of $5,000. |
| Illegal Possession of Controlled Dangerous Substance (CDS) (§ 5-601) | Possessing or administering a controlled dangerous substance | Penalties differ by substance, including jail sentences and fines. |
| Disorderly Conduct (§ 10-201) | Actions that disturb public peace, such as obstructing free passage, or making an unreasonable loud noise | Up to 60 days imprisonment, a fine not exceeding $500, or both |
Penalties for Misdemeanor in Maryland
The penalties for a misdemeanor in Maryland include:
- 1 year imprisonment (maximum jail term)
- A fine not exceeding $2,500
However, the courts may assess alternative or additional punishment based on the gravity of the offense and the offender's criminal history.
Probation and Alternative Sentencing Options in Maryland
Judges often opt for alternative sentencing options rather than incarceration for lesser misdemeanor offenses, particularly for non-violent cases or first-time offenders. The defendant may be ordered by the court to participate in any of the following activities:
- Restitution
- Probation (Unsupervised/supervised)
- Electronic monitoring/home detention
- Probation Before Judgement (PBJ)
These sentencing options are explained in the table below:
| Alternative Options | Description | Sentencing Conditions |
|---|---|---|
| Supervised Probation | Applied post-conviction, it entails community supervision by a probation officer |
|
| Probation Before Judgement (PBJ) | Applied pre-conviction; here, although guilt has been acknowledged, probation is granted, and the sentence is overturned. |
Not applicable for certain DWI/DUI offenses |
| Electronic Monitoring/Home Detention | Defendants are monitored using electronic devices or at home. | Payment of monitoring fees and compliance with approved schedules |
Can a Misdemeanor Be Expunged or Sealed in Maryland?
Yes. Generally, almost anyone may review the Maryland Criminal Court Records for detailed information about misdemeanor cases filed in the state. However, expungement allows individuals convicted of specific misdemeanors to have such records cleared or sealed from public access.
Eligibility depends on the successful completion of all sentences, including parole/probation, restitution, and payment of court-ordered fees. In cases with no conviction, such as dismissals, nolle prosequi, or acquittals, records are expunged automatically after 3 years, provided the disposition occurred after October 1, 2021. Erasing a criminal record allows the petitioner to claim that the expunged record never existed legally.
However, an individual becomes ineligible if there are pending criminal charges or subsequent criminal convictions during the statutory waiting period. This does not apply to recently decriminalized acts or minor traffic violations.
| Type of Conviction | Expungement Eligibility | Waiting Period | Notes |
|---|---|---|---|
| Standard Misdemeanor Conviction | Eligible | 5 years | Must have no prior conviction during the waiting period |
| Acquitted, Dismissed, or Nolle Prosequi | Automatic | 3 years | Applies to post-October 1, 2021, dispositions |
| Domestic Misdemeanor Crime | Eligible | 15 years | Maryland's most extensive expungement waiting period, which reflects the severity of the offense while prioritizing public safety. |
| Probation Before Judgement (PBJ) | Eligible | 3 years | Petitioner is ineligible if the PBJ relates to certain alcohol driving offenses |
Long-Term Consequences of a Misdemeanor Conviction in Maryland
Beyond imprisonment and fines, a misdemeanor conviction in Maryland may result in lasting legal and social consequences, such as:
- Loss of Firearm Rights: Maryland law restricts the possession of firearms if convictions are linked to certain criminal offenses. Anyone convicted on or before October 1, 2023, of violating Criminal Law Article § 4-104 (illegal weapon possession) is prohibited from owning a firearm for 5 years after conviction.
- Loss or Denial of Professional Licenses: Most licensing boards, including those for healthcare providers, finance, and education, mandate criminal history checks, which require applicants to disclose any past convictions. Failure to adhere to or report a misdemeanor may result in disciplinary measures, revocation, or denial of a license.
- Restricted Housing and Employment Options: Background checks are often required in housing and job applications, and visible convictions may hinder potential employment or housing opportunities.
- Immigration Challenges: A misdemeanor labeled as Crimes Involving Moral Turpitude (CIMT) by federal standards may likely lead to deportation, detention, or loss of immigration benefits.
What to Do if You’re Charged with a Misdemeanor in Maryland
When confronted with a misdemeanor charge in Maryland, it is essential for the accused to promptly assess the potential penalties by identifying the applicable article. Individuals should:
- Seek Legal Counsel: It is important to speak with an attorney. The difference between a simple misdemeanor offense and a severe charge such as second-degree assault is significant. Legal guidance is therefore unavoidable in navigating courtroom procedures, negotiating pleas, and understanding one's legal rights and options.
- Attend Proceedings: Each criminal defendant must respond promptly to all court notices and attend all scheduled hearings. Failure to comply may result in a bench warrant, which could ultimately worsen the case.
- Prepare Documents: It is crucial to gather all essential documents, such as character references, employment records, and any proof of proactive measures taken, such as treatment or counseling. These documents may significantly aid in seeking a reduced sentence.
- Obey the Court: As the case progresses, the defendant must strictly adhere to all applicable laws and court rules. Any new criminal charges may jeopardize the chances of factorable sentencing options such as PBJ.
Statute of Limitations for Misdemeanors in Maryland
In Maryland, the statute of limitations (SOL) for a misdemeanor not punishable by imprisonment is 1 year from when (the date) the offense was committed. The SOL typically begins after the offense occurred; however, this timeframe may be influenced by specific factors, such as the time of crime discovery, which is particularly relevant in complex cases.
Certain Vehicle Offenses: Specific prosecution related to vehicle code, particularly matters of illegal use of a driver’s license or the fraudulent use of names during license application, have a SOL of 2 years within which charges should be filed.
The Penitentiary Exception for High-Severity Offenses: A key exception exists for serious offenses that carry possible penitentiary sentences. If a statute allows imprisonment for a misdemeanor, the state prosecutes such charges without a time limit. Highly severe crimes such as second-degree assault have no statutory limits in Maryland. Thus, charges for these serious non-felony offenses may be filed at any time.