What Is a Third-Degree Felony in Maryland?

In Maryland, third-degree felonies are not explicitly mentioned, as the state does not classify offenses by degree. It also lacks a strict classification for its felonies, instead defining penalties by offense type and severity of the offense. However, despite its lack of strict classification, Maryland Law labels some crimes as third-degree, such as sexual assault in the third degree, third-degree burglary, and third-degree assault (this is regarded as a misdemeanor).

Nonetheless, individuals should be aware that, although this may be a lesser offense, it still carries severe consequences. Convictions for these crimes carry a sentence of 2 to 5 years and/or a fine of up to $15,000. It can also negatively impact someone’s life in terms of employability and finding suitable housing.

Common Offenses That Fall Under Third-Degree Felony Charges

The offenses listed below are the types of crimes one would regard as "third-degree felonies":

1. Burglary in the third degree: Entering the dwelling of another with force and an intent to commit a crime is a felony. Offenders guilty of this crime are likely to face up to 10 years in prison.
2. Sexual offense in the third degree: Engaging in nonconsensual sexual acts with a person below the age of 14 while using a dangerous weapon is regarded as a felony offense. A person convicted of this crime may be liable to a maximum 10-year prison sentence.
3. Nonviolent theft that exceeds the threshold of a misdemeanor, i.e., stealing between $1,000 and $10,000, may be classified as a third-degree felony.

Penalties and Sentencing for Third-Degree Felonies in Maryland

Each felony statute in Maryland establishes its own maximum penalties because the state does not classify its offenses. Although some carry even more or less, depending on the statute, a lower-tier felony typically has a maximum prison sentence of 10 years. For instance, the maximum penalty for third-degree burglary is ten years in jail. Likewise, a third-degree sexual offense carries a maximum 10-year sentence. There is no one-size-fits-all method of sentencing. A person’s criminal history, aggravating or mitigating circumstances, and whether the statute has required minimums are factors the judge takes into account. In several instances, probation may be used in place of or as an alternative to part of the sentence.

Will You Go to Jail for a Third-Degree Felony in Maryland?

Yes, a person will likely face third-degree felony jail time if they are convicted of the equivalent offense in Maryland. The court may, however, choose to impose alternatives to a complete prison term, such as probation, a suspended sentence, or both, based on the nature of the offense, one’s criminal history, and any plea deals. The particulars of the case and the legal approach play a crucial role in determining the outcome.

How Long Does a Third-Degree Felony Stay on Your Record?

A felony in Maryland remains on record for 10 to 15 years, after which a person may request that it be expunged or sealed. The record can stay there for life if a person does not file an appeal for expungement. Nevertheless, whether a person files an expungement appeal or not, some crimes are still recorded in the system. Depending on the felony committed and the circumstances surrounding it, the court may, in rare situations, dismiss the crime without an appeal. Additionally, in cases where the individual was not convicted or was acquitted of all wrongdoing, the felony record would be immediately removed. Once removed, nobody will have access except for court officials and the police.

Can a Third-Degree Felony Be Sealed or Expunged in Maryland?

In Maryland, a felony may, if approved by the court where the conviction occurred, be expunged from a person's record. However, ex-offenders convicted of crimes such as homicide, human trafficking, official misconduct, and sex crimes are not eligible for expungement. The person must show they are in good standing, and a specific number of years must have passed since the completion of a jail sentence without any subsequent convictions to be eligible for expungement.

The timeframe for expungement is typically between 10 and 15 years after the person has completed their sentence. Additionally, they should be free of any outstanding charges and have fulfilled all the requirements for the offense they committed. If the prosecutors do not contest a person’s application for expungement, the court will grant the expungement within 90 days.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

The most accurate comparison is made by severity and statutory maximums because Maryland does not employ a degree system for all felonies:

1. Murder, first-degree crimes, and severe sexual offenses are examples of high-level felonies that carry incredibly harsh punishments, which might include life in prison or a minimum sentence of 10 years.
2. Nonviolent drug trafficking, significant theft, and assault with serious harm are examples of mid-level offenses that frequently carry lengthy jail terms of more than ten years.
3. Although they have shorter maximum sentences (often 10 years or less) and usually involve nonviolent behavior, lower-tier felonies are nonetheless serious offenses.

How to Look Up Third-Degree Felony Records in Maryland

In Maryland, individuals can obtain felony records through various means. They can use the Maryland State Archives webpage. The webpage contains criminal court records from district and circuit courts all over the state. Parties can also use the Maryland Department of Public Safety and Correctional Services' (DPSCS) background checker. This access portal allows persons to conduct name-based searches.

The county clerk's office of the county where the offender was punished is another place where interested parties can obtain these records. They might use any of the online directories or come to the office in person. Lastly, anyone can access felony records using third-party websites to save time and avoid the search fees associated with official resources.

Probation and Parole for Third-Degree Felony Offenders

Section 6-101 of Maryland’s Correctional Service Code provides that courts sometimes allow probation and parole for felony offenses, particularly in nonviolent instances and for first-time offenders. Instead of jail time, a court may impose supervised probation and suspend all or part of a sentence. If incarceration is ordered, eligibility for parole is determined by the type of offense committed, the length of time served, and the applicable statutes. After a specific amount of the sentence is served, parole boards may approve early release based on the risk, rehabilitation, and behavior of the offender. In reality, people convicted of less serious crimes often have a reasonable prospect of serving a portion of their sentence under supervision, rather than being imprisoned for the entirety of it.