What’s the Difference Between a Felony and a Misdemeanor in Maryland?

When someone is charged with a crime in Maryland, one of the most crucial distinctions to understand is whether the offense is classified as a felony or a misdemeanor. This classification isn’t just a legal technicality—it has a profound effect on how the case is handled, the potential penalties, and the long-term consequences of a conviction. Many people mistakenly believe that misdemeanors are “minor” or “harmless,” and that felonies are only for the most violent offenders. However, the reality is far more complex. In Maryland, even certain misdemeanors can carry harsh penalties, including long jail sentences and hefty fines. Conversely, some felonies may be eligible for alternative sentencing or probation depending on the circumstances.

Understanding these differences is key for anyone who has been arrested, is under investigation, or wants to comprehend the criminal justice system better. This blog explores what separates felonies from misdemeanors in Maryland and why that difference matters.

In Maryland, criminal offenses are primarily divided into felonies and misdemeanors. Unlike some other states that set clear-cut lines based solely on punishment severity, Maryland law considers several factors, including the nature of the crime, legislative intent, and statutory language.

Felonies

A felony in Maryland is generally considered a more serious crime. Felonies are offenses that carry harsher penalties, including longer prison sentences and larger fines. These crimes often involve serious harm to others, significant property damage, or a threat to public safety.

Misdemeanors

A misdemeanor is considered a less serious crime under Maryland law. These offenses may still result in jail time, fines, or probation, but the sentences are typically shorter and less severe than those for felonies.

However, it’s important to note that the classification of a crime as a misdemeanor doesn’t always mean the punishment will be light. Some misdemeanors carry up to 10 years in prison, depending on the crime.

Let’s explore the major differences between these two types of criminal offenses in Maryland:

1. Severity of the Crime

• Felonies: Felonies represent the most serious category of criminal offenses in Maryland. These typically include violent crimes, major thefts, drug trafficking, homicide, rape, kidnapping, and armed robbery. The consequences of felony convictions can be life-altering, not just because of longer prison sentences, but also due to their impact on civil rights, employment, housing, and even immigration status. Felonies are generally considered crimes against society due to their grave nature.
• Misdemeanors: Misdemeanors are less serious but still criminal offenses. Examples include petty theft, simple assault, disorderly conduct, trespassing, and first-time DUI offenses. While misdemeanors are punishable by jail time and fines, the overall severity is much lower compared to felonies. However, even a misdemeanor can have lasting consequences, such as a criminal record, which can affect future opportunities.

2. Length of Incarceration

• Felonies: In Maryland, felonies typically carry a sentence of more than one year in state prison. Depending on the crime, some felony convictions may even result in decades of imprisonment or life without parole. For example, first-degree murder can result in life imprisonment or even the death penalty (in cases before the death penalty was repealed in Maryland). The length of time reflects the seriousness and impact of the crime on victims and society.
• Misdemeanors: Misdemeanor convictions usually result in a jail sentence of up to one year and are served in county jails rather than state prisons. Some misdemeanor charges may only require fines or probation without jail time. For example, a second-degree assault may lead to a maximum sentence of 10 years, but it is still considered a misdemeanor due to legal classification under Maryland law.

3. Court Process and Legal Complexity

• Felonies: Felony cases in Maryland often follow a more complex and formal legal process. They may involve grand jury indictments, preliminary hearings, pretrial motions, and lengthy trials. Due to the serious nature of the charges, defendants typically face multiple court dates, and legal proceedings can span several months or even years. Defendants are usually advised to retain experienced criminal defense attorneys to navigate the complexities of felony trials.
• Misdemeanors: Misdemeanor cases are generally handled in District Court and do not require a grand jury indictment. The legal process tends to be quicker and more straightforward. Many misdemeanor cases are resolved through plea bargains, which allow the defendant to plead guilty in exchange for a reduced sentence or charge. However, even for a misdemeanor, legal representation is important for minimizing penalties and ensuring rights are protected.

4. Impact on Civil Rights

• Felonies: One of the most significant long-term consequences of a felony conviction in Maryland is the loss of civil rights, such as the right to vote (while incarcerated), own or possess firearms, and hold public office. Additionally, convicted felons may be ineligible for certain professional licenses and may face challenges in employment, education, and housing. While some rights may be restored after completing the sentence and applying for reinstatement, the process can be lengthy and uncertain.
• Misdemeanors: Misdemeanors typically do not result in the loss of civil rights, although there may still be some collateral consequences. For instance, a domestic violence misdemeanor could result in firearm restrictions under federal law. Additionally, certain professional licensing boards may consider misdemeanor convictions when reviewing applications. Still, the overall impact is usually less severe than for felonies.

5. Expungement and Criminal Records

• Felonies: In Maryland, felony convictions are more difficult to expunge from a criminal record. In many cases, felony convictions remain on an individual’s record permanently unless the conviction is overturned or a pardon is granted. This can create barriers to employment, housing, and education. There are limited circumstances under which certain non-violent felonies may become eligible for expungement, but this usually requires a waiting period and adherence to strict legal requirements.
• Misdemeanors: Some misdemeanor convictions are eligible for expungement after a certain period, especially if the individual has completed their sentence and maintained a clean record. For example, certain misdemeanor theft or possession charges may be expunged after 10 years. Expungement can help individuals remove past mistakes from public view, allowing for better access to opportunities. However, some misdemeanor convictions, like DUI, are not eligible for expungement in Maryland.

Felony crimes in Maryland are considered the most serious violations of the law and often involve significant harm to individuals, property, or society. These crimes typically result in longer prison sentences, hefty fines, and long-term consequences that extend beyond the courtroom. Below are some of the most common felony offenses in Maryland, along with brief explanations:

• First-Degree Murder: This is the most severe criminal offense in Maryland. It involves a premeditated, intentional killing or a killing committed during the commission of certain felonies like robbery or rape. The penalty can include life imprisonment, with or without the possibility of parole.
• Second-Degree Murder: This involves a killing that is intentional but not premeditated, or a wrongful death caused by a reckless disregard for human life. While not as severe as first-degree murder, it still carries serious penalties, including long-term incarceration.
• Rape or Sexual Assault: These are serious offenses involving non-consensual sexual acts. First-degree rape may include aggravating factors such as the use of a weapon or causing serious injury, and it can result in life imprisonment. Second-degree rape, while slightly less severe, still carries significant penalties. If you’re facing such charges, consulting a sex crimes lawyer in Maryland can provide invaluable support. With expert legal representation, you can navigate the legal system more effectively and work toward the best possible outcome.
• Drug Distribution or Trafficking: The manufacture, sale, or distribution of controlled substances such as heroin, cocaine, or large amounts of marijuana is a felony. These crimes can carry mandatory minimum prison terms, especially for repeat offenders or those involved in organized drug operations.
• Armed Theft: Theft involving the use of a weapon (real or implied) is classified as a felony. The presence of a weapon greatly increases the severity of the crime and the length of the sentence, often including mandatory minimum terms. If you’re facing such serious charges, consulting a skilled Maryland theft lawyer can make all the difference.
• Burglary in the First Degree: This occurs when an individual unlawfully enters a dwelling with the intent to commit a crime, typically theft or another felony. If weapons are involved or the crime is committed at night, the penalties increase significantly.
• Aggravated Assault: This is a violent offense where serious bodily injury is inflicted on another person, often with a deadly weapon or under particularly dangerous circumstances. It carries more severe penalties than simple assault.
• Human Trafficking: This includes exploiting individuals through force, fraud, or coercion for labor or sex. Maryland treats this as a grave offense, with long prison sentences and heavy fines upon conviction.

Penalties for Felonies:

Felony convictions in Maryland can lead to significant consequences, including long-term or life imprisonment, substantial fines, loss of civil rights, and limited eligibility for parole. Many felony offenses also come with mandatory minimum sentencing laws, leaving judges with limited discretion.

While misdemeanors are considered less serious than felonies, they still represent criminal behavior and carry consequences that can affect a person’s record and future. Misdemeanor offenses in Maryland can include minor acts of violence, low-value theft, or behavior that disturbs public peace. Here are several examples:

• Driving Under the Influence (DUI): Operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Even a first offense can result in jail time, fines, license suspension, and mandatory alcohol education programs. A skilled DUI lawyer can help you navigate these serious legal consequences and work to protect your rights and driving privileges.
• Driving While Impaired (DWI): Similar to DUI, but typically involves a lower BAC or evidence of impairment. Still considered a misdemeanor, with penalties including fines, possible jail time, and administrative consequences on the driver’s license.
• Simple Assault: Simple Assault in Maryland includes the act of intentionally causing or attempting to cause physical harm to another person without a weapon or serious injury. Though less serious than aggravated assault, it can still result in jail time of up to 10 years.
• Petty Theft or Shoplifting (Under $1,500): Stealing items valued under $1,500 is a misdemeanor in Maryland. However, if the offender has prior convictions, the penalties can become more severe. Repeat offenses may result in felony charges.
• Disorderly Conduct: This involves disturbing the peace through loud, aggressive, or unruly behavior in public. While typically penalized by fines or brief jail terms, it can affect one’s criminal record and employment opportunities.
• Vandalism: The intentional destruction or defacing of property, such as graffiti or breaking windows, is treated as a misdemeanor, especially if the damage value is low. More extensive or repeated vandalism can result in harsher penalties.
• Indecent Exposure: Willfully exposing oneself in public, typically for lewd or offensive purposes, is considered a misdemeanor. This offense can lead to fines, jail time, and even sex offender registration in some cases.
• Possession of a Small Amount of Marijuana: Possession of less than 10 grams of marijuana is now decriminalized in Maryland and treated as a civil offense. However, possessing more than that but less than the amount considered for distribution is classified as a misdemeanor, subject to fines and possible jail time.

Penalties for Misdemeanors:

Although generally less severe than felonies, misdemeanor convictions in Maryland can still carry jail terms of up to 10 years, depending on the offense. Additionally, fines, probation, community service, and mandatory programs (e.g., drug education or anger management) may be imposed. Some misdemeanor convictions can also have immigration consequences or impact professional licenses and job prospects.

Whether you’re facing a misdemeanor or a felony in Maryland, having an experienced criminal defense attorney is critical. An attorney can:

• Explain your rights and options
• Guide you through the court process
• Work to negotiate plea deals or reduced charges
• Advocate for diversion programs or probation
• Help with post-conviction relief or expungement

Understanding the difference between a felony and a misdemeanor in Maryland is essential, as the classification greatly affects the legal process, penalties, and long-term consequences. While felonies are more severe and carry harsher punishments, misdemeanors can also have serious impacts on one’s future. Knowing these distinctions can help individuals make informed decisions and seek proper legal guidance when facing criminal charges.

If you’re facing criminal charges—whether it’s a misdemeanor or a felony—having the right legal team by your side can make all the difference. The Best Lawyers in Maryland are here to provide experienced, aggressive, and compassionate representation tailored to your unique case. With a deep understanding of Maryland’s legal system and a track record of successful outcomes, our attorneys are committed to protecting your rights and guiding you through every step of the legal process.