What is the difference between a misdemeanor and a felony in Maryland
You are walking out of a big‑box store in Montgomery County when loss‑prevention stops you. The police are called, and you learn the value of the merchandise you are accused of taking is just over $1,500. That dollar figure matters — in Maryland, theft of property valued at $1,500 or more is a felony, while a theft under that threshold is typically charged as a misdemeanor. The difference between a misdemeanor and a felony will determine which court hears your case, the maximum penalty you face, and the long‑term consequences for your record. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team help people across Maryland understand and address criminal charges, from minor misdemeanors to serious felonies. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
The Basic Distinction: Severity and Potential Penalties
Under Maryland law, crimes are divided into two broad categories — misdemeanors and felonies — based on the seriousness of the offense and the maximum punishment authorized by statute. Generally, a felony is an offense for which a person may be sentenced to imprisonment in a state correctional facility (the Division of Correction) for more than one year, while a misdemeanor is punished by a term in the local detention center. However, Maryland departs from the simplistic “one‑year rule” found in many states. Several misdemeanors carry maximum penalties far beyond one year, while some felonies can be resolved with a sentence of less than a year if the court chooses a non‑incarceration disposition or a suspended term.
The Maryland Criminal Law Article classifies each offense as a misdemeanor or felony. Second‑degree assault, for instance, is a misdemeanor yet carries a maximum of 10 years imprisonment and a substantial fine. First‑degree assault is a felony punishable by up to 25 years. Theft offenses are graded by the value of the property taken: a theft below a statutory threshold is a misdemeanor subject to 90 days, while a theft above a higher statutory threshold is a felony carrying a maximum of five years. Drug possession (other than marijuana for personal use) is typically a misdemeanor with a four‑year maximum, while distribution of controlled substances is a felony that can result in a 20‑year sentence. These examples show that the misdemeanor‑felony label is only the starting point; the specific statute controls the possible penalty.
Maryland Courts: Where Misdemeanors and Felonies Are Heard
The classification of a charge decides which court has jurisdiction. Misdemeanor trials and initial appearances on felony charges are handled in the District Court of Maryland. Felony trials, by contrast, take place in the Circuit Court for the county where the crime occurred. A person charged with a felony has an absolute right to a jury trial in Circuit Court. Maryland law also provides a right to a jury trial for misdemeanors that carry a penalty of more than 90 days incarceration, meaning many misdemeanor defendants can elect to have their case heard in Circuit Court rather than District Court. If a defendant initially charged with a felony is convicted of a lesser‑included misdemeanor in Circuit Court, the classification can change mid‑case — a strategic consideration that an experienced defense counsel can evaluate.
The timeline for a case varies. Misdemeanors in District Court typically proceed from arraignment to trial within a few months, while felony cases in Circuit Court may take longer, subject to Maryland’s speedy‑trial rules (including the “Hicks” deadline, which requires trial within 180 days from the defendant’s first appearance). Bond and pretrial release conditions differ as well; a felony charge often results in a higher bond or more restrictive conditions.
Penalty Ranges for Common Offenses in Maryland
To understand the practical impact of classification, it helps to look at specific offenses under the Maryland Criminal Law Article. The following penalty ranges are drawn from the firm’s experience handling cases across Montgomery, Prince George’s, Howard, Anne Arundel, and other Maryland counties. The actual sentence a person receives depends on the facts of the case, the defendant’s criminal history, and the decisions made by the prosecutor and the judge.
Second‑degree assault is a misdemeanor with a maximum of 10 years imprisonment and a substantial fine. First‑degree assault is a felony punishable by up to 25 years. Theft offenses range from 90 days to six months (both misdemeanors) to five years (a felony). Simple drug possession — other than marijuana — is a misdemeanor with a four‑year maximum; distribution of a controlled dangerous substance is a felony carrying up to 20 years. These statutory maximums set the upper limit; many cases are resolved through probation before judgment, suspended sentences, or pretrial diversion, especially for first‑time offenders.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing since 1997. A former prosecutor, he understands criminal cases from both sides of the courtroom and brings that perspective to every client matter. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Alongside Mr. Sris, the firm’s Of Counsel team contributes over 120 years of combined legal experience between them, supported by 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions About Misdemeanors and Felonies in Maryland
How does Maryland classify crimes as misdemeanors or felonies?
The Maryland General Assembly assigns each criminal offense a classification in the Criminal Law Article, designating it as a misdemeanor or felony. The classification is based on the seriousness of the conduct and the prescribed maximum punishment. Even though some misdemeanors carry lengthy maximum sentences, they remain misdemeanors under Maryland law. The distinction affects court jurisdiction, the right to a jury trial, and numerous collateral consequences.
What is the maximum jail time for a misdemeanor in Maryland?
Most misdemeanors in Maryland carry a maximum sentence ranging from 90 days to 18 months, but several important exceptions exist. Second‑degree assault, for example, is a misdemeanor with a 10‑year maximum. Theft of property valued at certain lower statutory thresholds is a six‑month misdemeanor. Because the potential sentence varies widely, it is essential to know which specific statute you are charged under. A defense lawyer can explain the exact exposure you face.
Can a misdemeanor become a felony in Maryland?
A misdemeanor and a felony are distinct charges, but certain circumstances can elevate a charge from a misdemeanor to a felony. For instance, a third‑offense DUI is a felony in Maryland, even though first and second offenses are misdemeanors. Also, if a prior conviction triggers an enhanced penalty, the prosecutor may file a felony indictment. Your lawyer can advise whether the facts and your criminal record could lead to a more serious filing.
Do I need a lawyer for a misdemeanor charge?
You are not legally required to have a lawyer for a misdemeanor, but having experienced counsel can significantly affect the outcome. Even a “minor” misdemeanor can result in jail time, a permanent criminal record, and collateral consequences such as difficulty finding employment or housing. A lawyer can negotiate for a dismissal, probation before judgment, or a reduction. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What is the difference between the District Court and Circuit Court for my case?
Misdemeanor trials and initial felony appearances are heard in the District Court; felony jury trials and appeals from District Court decisions are heard in the Circuit Court. The District Court does not conduct jury trials. If you are charged with a misdemeanor that carries more than 90 days of possible incarceration, you may demand a jury trial in Circuit Court. A felony charge must be tried in Circuit Court. The court location will be in the county where the alleged offense occurred.
What are the collateral consequences of a felony conviction in Maryland?
A felony conviction can affect your right to vote, possess firearms, hold certain professional licenses, and find employment or housing. Maryland law automatically suspends voting rights during incarceration for a felony conviction, though they are restored upon release. Federal law permanently prohibits firearm possession by anyone convicted of a felony. These long‑term effects make defending a felony charge especially important.
Can I get a felony expunged in Maryland?
Expungement of a felony is more limited than for a misdemeanor, but recent changes under the Justice Reinvestment Act have expanded eligibility. Maryland allows expungement of certain non‑violent felony convictions after a waiting period (often 10 or 15 years). Felony acquittals, dismissals, and nolle prosequi dispositions can be expunged sooner. A lawyer can review your record and advise whether your specific felony qualifies.
What should I do if I am arrested and don’t know whether my charge is a misdemeanor or felony?
Ask the officer or the booking magistrate what you are charged with and, most importantly, invoke your right to remain silent and to speak with an attorney. The charging document will state the offense and its classification. Do not discuss the facts of the case with anyone except your lawyer. Contact a criminal defense attorney as soon as possible so you understand the nature of the charge and can begin building a defense.
How does probation before judgment (PBJ) work for misdemeanors vs felonies?
Probation before judgment is available for many misdemeanors and, in limited circumstances, for certain felonies in Maryland. PBJ allows the court to avoid entering a formal conviction; after the probation period ends, the case can be closed without a conviction on your record. PBJ is more common for first‑time misdemeanor offenders, but a skilled attorney can sometimes negotiate a PBJ for a felony charge as well. Its availability depends on the offense and the prosecutor’s consent.
Is a DUI a misdemeanor or felony in Maryland?
A first‑offense DUI in Maryland is a misdemeanor, but a third DUI conviction within 10 years is a felony. The penalties escalate with each subsequent offense. Even as a misdemeanor, a DUI carries mandatory license suspension and potential jail time. Felony DUI exposes a person to significantly longer incarceration and a more lasting criminal record.
How much does a criminal defense lawyer cost in Maryland?
Legal fees for criminal defense in Maryland vary widely depending on the complexity of the case, the attorney’s experience, and the stage of the proceeding. A straightforward misdemeanor may involve a lower fee than a multi‑day felony jury trial. Many firms, including Law Offices Of SRIS, P.C., offer an initial consultation so you can discuss your budget. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Does the Justice Reinvestment Act change expungement for misdemeanors vs. Felonies?
Yes. The Justice Reinvestment Act significantly expanded expungement opportunities in Maryland, especially for misdemeanor convictions and some non‑violent felonies. The Act shortened waiting periods for certain offenses and created new pathways to clear a record. It also allows expungement of convictions for offenses that were previously ineligible. The specific rules vary by offense class, so a case‑specific evaluation is necessary.
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To discuss your situation and the specific charges you face, call Law Offices Of SRIS, P.C. at (888) 437-7747.
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