First Degree Felony in Maryland

Maryland does not use a degree-tiered system for the general classification of felony offenses. Instead, crimes in Maryland are either felonies or misdemeanors. In Maryland, a crime is a felony only if the statute creating it specifically says it is a felony. These statutes define whether specific offenses are felonies, and their penalties reflect severity.

First-degree felonies refer to the most serious types of crimes. For instance, § 3-202 of the Maryland Criminal Law Article outlines the various factors that make aggravated assault a felony. Similar methods are also applied to crimes such as:

• Arson
• Robbery
• Rape
• Burglary.

Common Crimes Classified as First Degree Felonies in Maryland

Unlike states that use the degree-based system to classify offenses, Maryland uses a degree-tiered system to describe the severity of the offenses. A specific offense may be classed as first- or second-degree based on its severity and aggravating factors.

In Maryland, crimes that are in the category of first-degree offenses include:

• First-degree murder
• First-degree rape/sexual offense in the first degree
• Aggravated robbery
• Attempted first-degree murder
• Large-scale drug trafficking.

According to the Maryland State Police reports, there were 28,321 reported violent crime incidents in Maryland in 2023. These statistics include:

• 525 murders
• 2,100 rape
• 8,116 robberies
• 17,580 aggravated assaults.

Maryland's crime rate per 100,000 population increased to 453.4, from 430.9 in 2022. This increase in the violent crime rate in Maryland showed consistent trends from 2020 to 2023.

Prison Sentences and Fines for First Degree Felonies in Maryland

Maryland does not use a single felony class system for classifying crimes. The sentencing range for specific offenses depends on their statutes, but may range from 20 years (robbery/burglary) to life without parole (murder, rape).

In Maryland, the length of the sentence for a specific first-degree crime (serious offense) increases with aggravating factors, such as the use of weapons, repeat offense, or hate crime. Additionally, first-degree felonies in Maryland may result in up to $1,000,000.00 fine.

What is the Maximum Sentence for a First Degree Felony in Maryland?

The maximum sentence for a first-degree felony in Maryland is life imprisonment, which may include life without parole. This applies to first-degree murder. Life imprisonment without parole may also apply to aggravated first-degree rape.

Maryland does not apply capital punishment for murder or any felony offense. However, aside from murder, the sentencing for offenses such as first-degree rape, first-degree sexual offense, and first-degree attempted murder may be elevated to life imprisonment (sometimes without parole) if they involve aggravating factors such as:

• Use of weapons
• Repeat offense
• Deliberate and premeditated motives
• Crimes against law enforcement officers, correctional officers, or witnesses
• Hate crime
• Torture or particularly heinous, cruel, or depraved conduct.

What is First Degree Murder in Maryland?

According to Maryland Criminal Law Article § 2-201, murder is the willful, deliberate, and premeditated killing of an individual, or a killing committed during dangerous felonies, such as:

• Arson
• Rape
• Burglary
• Robbery
• Carjacking
• Kidnapping
• Sexual offenses.

Maryland does not label murder as a first-degree felony. Instead, it is classified as murder in the first degree with a distinct sentencing structure. Maryland does not apply the death sentence for murder.

In Maryland, there are two possible sentences for murder:

• Life imprisonment
• Life imprisonment without parole.

A murder convict in Maryland may be sentenced to life imprisonment with or without parole, depending on whether:

• The victim is a law enforcement officer, a correctional officer, or a witness
• The murder is a contract killing
• There are multiple victims, or the murder occurs during:
  • robbery
  • Rape
  • Burglary
  • Arson
  • Carjacking
  • Kidnapping
• The murder involves torture, sexual assault, or exceptionally cruel conduct.
• The offender has a previous conviction for a serious violent crime.

Public Access to First Degree Felony Records in Maryland

Most Maryland first-degree felony records are public. Felony records are court-generated documents under the Maryland Public Information Act (PIA) and Rule 16-902 of the Maryland Constitution & Judiciary Rules. These laws grant interested individuals the right to access Maryland's felony records.

There are several options for individuals seeking access to Maryland's felony records. For online access, log in to the Maryland Judiciary Case Search Portal and search for these documents for free using case numbers or party names, or access these records through Public Access Terminals at the courthouses. Alternatively, about $5.00 to $10.00, request certified copies of these documents from the Maryland Circuit Court Clerk's Office at the county where the case was filed.

Maryland first-degree felony records may also be accessible as part of criminal history through the Maryland Department of Public Safety & Correctional Services (DPSCS) fingerprint-based background checks. Information seekers may also search third-party online repositories with databases on court records from various Maryland Circuit Courts.

Requesters should note that Maryland's felony records are not publicly accessible if they relate to:

• Juvenile offenders
• Sealed or expunged records
• Pending or ongoing investigations
• Confidential victim information
• Corrections and parole records
• The Governor's role in parole.

Can First Degree Felony Records Be Sealed or Expunged in Maryland?

In Maryland, an eligible felon may request the sealing or shielding of certain criminal records to block public access to these documents. However, this shielding process does not apply to felony records. Instead, the legal process for felony records is expungement, which refers to the legal removal or destruction of the documents so they are no longer accessible to the public. After a Maryland felony record is expunged, it is as if the crime never occurred.

Sealing

Maryland does not permit the sealing of felony records. Felony convicts are also not eligible to shield their records using the Second Chance Law. In Maryland, sealing of criminal records is limited to minor non-violent misdemeanor offenses.

Expungement

Most Maryland felony records are not eligible for expunction. In Maryland, unless a felony offense results in no charges, dismissal, or acquittal, it remains permanently on the offender's record. For eligible individuals seeking to expunge felony records, a 3-year waiting period applies from the date of dismissal or acquittal.

Difference Between First Degree and Second Degree Felonies in Maryland

Maryland does not use the degree classification as legal terminology for categorizing crimes. However, it uses first-degree and second-degree to describe the seriousness of certain offenses.

In Maryland, a first-degree felony is the most serious form of specific crime. Typically, these versions carry the maximum sentences stipulated by specific statute for that crime within the Maryland Criminal Law Articles. For instance, the penalty for first-degree arson in Maryland may range up to 30 years in prison with a fine that may reach $50,000.00. By comparison, a second-degree arson, which is also a serious offense, may result in up to 20 years in prison, with a maximum fine of $30,000.00.

Although first and second-degree felonies in Maryland may refer to the same crimes, their penalties differ based on the severity of the offenses.

Statute of Limitations for First Degree Felony Charges in Maryland

In Maryland, the statute of limitations for a first-degree felony establishes the maximum time frame prosecutors have to file criminal charges against a perpetrator. If prosecutors fail to file within that period, the court will not allow the case to proceed to trial.

The purposes of a statute of limitations for felonies are to:

• To protect suspects from facing trials after long and unfair delays
• Ensure cases are prosecuted while memories and evidence are fresh
• Provide certainty in criminal case trials.

According to § 5-106(a) of the Maryland Code, Courts & Judicial Proceedings, felonies have no statute of limitations unless a specific law says otherwise.

Probation and Parole Eligibility for First Degree Felonies in Maryland

Probation is a court-ordered alternative to incarceration where the offender is under supervision instead of serving a prison term. Likewise, parole is early release from prison, allowing an offender to serve the remaining part of a prison sentence under supervision.

Probation for first-degree felonies

Judges in Maryland may impose probation for certain felonies. However, this does not include first-degree felonies. In Maryland, first-degree felonies are either prohibited from probation by statute or due to the severity of the crimes. For instance, Maryland Criminal Law Article does not allow probation for first-degree murder (Md. Crim. Law § 2-201) and first-degree rape (Md. Crim. Law § 3-303).

Parole for first-degree felony convicts

In Maryland, an individual becomes eligible for parole after serving 25% of their sentence for most felonies. However, for violent crimes, they must complete 50% of their sentence before becoming eligible. Convicts serving life sentences are eligible for parole after 15 years if their sentencing occurred before October 1, 1995, or after 25 years if their convictions were after that date.

Impact of a First Degree Felony Conviction on Criminal Records in Maryland

The consequences of first-degree felony records in Maryland are far-reaching and may impact their owners even after the completion of the penalties for their crimes. In Maryland, felony records are public, making them accessible to all interested entities. For this reason, entities, including employers, landlords, and certification bodies, may access these documents and use them to assess their owners for jobs, housing, or professional certifications.

In Maryland, a first-degree felon will not vote while serving a prison term, may permanently lose the right to possess firearms, and will not hold public office if the criminal record relates to bribery or fraud.

Additionally, a Maryland first-degree felony record may impact immigration applications and social status.