What is a Second Degree Felony in Maryland?

Provisions under Maryland Statutes do not expressly classify felonies by degrees, although specific crimes are referred to as first or second degree offenses, e.g., murder and robbery. Per state law, crimes are generally classified as felonies or misdemeanors. Second degree felonies are less serious than first degree felonies, but more serious than misdemeanors.

The severity of the potential penalties varies in a manner commensurate with the seriousness of the crime. For instance, while first degree murder is punishable by life imprisonment, second degree murder is punishable by not more than 40 years imprisonment. Sections 1-14 of the Maryland Statutes, otherwise referred to as the state’s criminal law, sets forth provisions that govern various types of crimes and potential penalties.

Which Crimes Are Considered Second Degree Felonies in Maryland?

Under Maryland law, a crime is a second degree offense if it satisfy any of the following conditions:

• Felony assault in the second degree: per §3-203 (3), a person is guilty of a second degree felony assault if the victim is a law enforcement officer, parole or probation agent, or any first responder in an emergency, while the victim is discharging their official duties.
• Second degree rape: per § 3-304(c), a person is guilty of a second degree rape if: the victim is under 14 and the offender is at least 4 years older than the victim, they perform a sexual act or vaginal intercourse without the consent of the other, or the victim is mentally incapacitated, cognitively impaired, or physically helpless.
• Second degree felony child abuse: per § 3-601, a person (who is a parent, guardian, or other household member to the victim) with a prior child abuse conviction is guilty of felony child abuse in the second degree if they have a second conviction in which the act caused the death or severe physical injury on a minor.
• Second degree felony arson: per § 6-103, a person is guilty of second degree arson if they willfully and maliciously burn or set fire to a structure owned by themself or another person, in which the damaged property is valued at $1,000 or more.
• Second degree burglary: per §6-203 (c), a person is guilty of second degree burglary if they break and enter the storehouse of another person with the intent to commit a crime of violence, second degree arson, theft, or carry away a firearm.

What is Second Degree Murder and How is it Classified in Maryland?

Second degree murder occurs when an offender kills another person deliberately and intentionally, without malice aforethought. In contrast, first degree murder is committed with felony aforethought. Per Maryland law, second degree murder is less serious than first degree murder but more serious than voluntary manslaughter—which is the act of killing another person without the intent to kill or prior deliberation.

A person will most likely be convicted of second degree murder if the death resulted from an extremely reckless act with the intent to inflict serious bodily injury, such as during a fight or a heated argument. Per §2-204, second degree murder is a serious felony punishable by up to 40 years imprisonment. Attempt to commit a second degree murder is also considered a felony offense punishable by up to 30 years imprisonment.

Maryland Second Degree Felonies Penalties and Punishments

Second degree felony offenses carry varying penalties depending on the extent of the damage to the victim or damaged property. Penalties tend to be more severe if the victim of the offense is a law enforcement officer, peace officer, firefighter, a first responder in an emergency situation, a minor, an incapacitated adult, or a cognitively impaired person. The presence of a prior offense, the use of a weapon, and premeditation are common aggravating factors.

Courts also consider mitigating factors to support probation or reduce the sentence, some of which include lack of prior criminal conviction, evidence of rehabilitation, age and background of the offender, and show of remorse by the offender.

The table below summarizes potential penalties for second degree felonies in Maryland:

Are Second Degree Felony Records Public in Maryland?

Yes. The Maryland Public Information Act (PIA) maintains that it is the right of citizens to access information prepared and stored by public agencies while protecting individual privacy and legitimate governmental interests. While court criminal records may be public, official criminal history records maintained by the Criminal Justice Information Services, are not public. They may only be released to criminal justice agencies, certain employers and regulatory agencies authorized by law, and case parties.

Second degree felony court records are not entirely public, as certain information is expressly required by law to remain confidential. Courts also have the power to expunge/seal records or temporarily restrict access to certain records if it deems such disclosure to be potentially detrimental to an ongoing trial or investigation. Also, sensitive information like a defendant’s social security number, are usually redacted before releasing copies to a requester.

Non-public criminal records include sealed/expunged records, juvenile records, non-conviction records, and investigatory records. N/B: disclosure regulations vary by jurisdiction. As such, different rules may apply if a case of interest was filed in another state.

How to Access Second Degree Felony Court Records in Maryland

• Courthouse search: Physical copies of second degree felony records and other court case records are maintained at the courthouse where a case was heard. Copies can be obtained from the clerk’s office for a fee. To furnish a search, an individual will need the full name of the defendant, their date of birth, the case number or ID, and any other relevant information that may sufficiently aid identification of the record.
• Online access: Record seekers may peruse online repositories maintained by the courthouse clerk or visit the Maryland judiciary Case Search portal. For older cases that have been transferred to the Maryland State Archives, interested persons may complete the order form to request records. Information needed to complete this form are the case number, the defendant’s full name and date of birth, the county where the case was filed, the charges, and the hearing/arrest date.

Note that certain records or information contained therein may be exempt from disclosure by statute or an expungement/seal order and, as such, may not be released to any person, other than the defendant, the prosecution, other parties to the case, or an individual with express authorization by the court. If a record request is denied, the court clerk is statutorily required to send a written response to the requester, stating the reason(s) for the denial.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes, Maryland law provides for the reduction or dismissal of second degree felony charges. However, this depends heavily on the evidence and facts available, as well as the defendant’s legal representation. The defendant’s attorney may be able to reduce the charge(s) against their client if the evidence is weak, the credibility of the witness is questionable, if there were strong mitigating circumstances.

For example, a second degree assault may be reduced to a misdemeanor assault if the injuries inflicted on the victim are minor. A charge reduction can also be achieved through a plea bargain—negotiations in which the defendant agrees to plead guilty to a lesser crime. Grounds upon which a second degree felony charge may be dismissed include:

• Procedural errors by the prosecutor or police, such as the expiration of the applicable statute of limitations
• Insufficient evidence to substantiate claims or prove the case beyond reasonable doubt
• Constitutional violations, e.g., a violation of the defendant’s Miranda rights, illegal search and seizure, and unlawful arrest
• Issues with the victim/witness, such as inconsistencies in testimonies, recanting testimonies, or refusal to cooperate.

The defense attorney’s legal experience and negotiating skills are a major determinant of the outcome of a trial. As such, it is imperative to hire an experienced attorney for charges as serious as a second degree felony.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Maryland?

Yes. This is possible if the final outcome of the case is a disposition other than guilty (i.e. acquittal, dismissal, not guilty, or Nolle Prosequi). Furthermore, the case will be automatically expunged if three years has passed since the court adjudicated any of the above dispositions. Likewise, if a person is convicted of a second degree felony, they may only be eligible for an expungement if they get a pardon from the governor.

Notwithstanding, the applicant must have completed the sentence, including any probation, parole or mandatory supervision. See form CC-DC-CR-072G2 for a list of eligible crimes. N/B: expungement in Maryland does not destroy the affected records; it only shields them from public view.

How Long Do Second Degree Felony Records Stay Public in Maryland?

Indefinitely. A record only ceases to be public if expunged or sealed by a court. If the case’s final disposition was not a guilty plea, Maryland law provides for the automatic expungement of such records after three years from the date the court issued the verdict. Courts and individual law enforcement agencies have different record retention policies, same as other states.

In California, for instance a criminal record, whether or not the defendant was convicted, automatically becomes eligible for expungement 100 years from the defendant’s date of birth. Generally, agencies retain public records for as long as they remain relevant to the public and law enforcement purposes.