In Maryland, crimes are classified into two main categories: felonies and misdemeanors. How a crime is classified affects how an offense is prosecuted, the potential penalties, and the long-term consequences if the person convicted. Maryland criminal statutes indicate whether an offense is a felony or misdemeanor and lists the potential penalties.
How a crime is classified can affect:
- Sentencing: Felonies often lead to longer incarceration periods.
- Criminal Record: Felonies tend to carry more stigma and can be more difficult to expunge or shield.
- Civil Rights: Felony convictions can impact voting rights, the ability to serve on a jury, and gun ownership.
- Employment and Housing: Both felonies and misdemeanors can appear on background checks, but felonies may be more likely to result in being denied housing or employment.
NOTE: The seriousness of a crime is not always based on whether it is labeled a felony or misdemeanor. Some misdemeanors in Maryland carry longer sentences than some felonies.
What Is a Felony?
A felony is generally considered a more serious crime. Felonies include offenses that pose a significant threat to public safety, involve violence, or cause substantial harm. Some common examples of felonies in Maryland include:
- Murder – Md. Code, Criminal Law § 2-201
- Rape – Md. Code, Criminal Law § 3-303
- Robbery – Md. Code, Criminal Law § 3-402
- Burglary in the first degree – Md. Code, Criminal Law § 6-202
- Theft over $1,500 – Md. Code, Criminal Law § 7-104(g)(1)
- Drug distribution – Md. Code, Criminal Law § 5-602, § 5-607
- Sex trafficking of a minor – Md. Code, Criminal Law § 3-1102
Felony convictions often carry harsh penalties, including long prison sentences, large fines, and long-term impacts on civil rights (such as voting, jury service, and firearm possession).
What Is a Misdemeanor?
A misdemeanor is considered a less serious crime, although the consequences can still be significant. Examples of misdemeanors in Maryland include:
- Theft under $1,500 – Md. Code, Criminal Law § 7-104(g)(2)
- Possession of a controlled substance (not cannabis) – Md. Code, Criminal Law § 5-601
- Second-degree assault – Md. Code, Criminal Law § 3-203
- Driving under the influence (DUI) – Md. Code, Transportation § 21-902
- Trespassing – Md. Code, Criminal Law § 6-403
- Disorderly conduct – Md. Code, Criminal Law § 10-201
Misdemeanor convictions typically carry shorter jail terms (often less than a year) and lower fines. However, some misdemeanors —such as second-degree assault or certain drug offenses—can still result in lengthy jail time and have lasting effects on a person’s criminal record.