Law § 5-608 (2020).) Suspended Sentences and Alternatives to Incarceration The law also calls for increased penalties for a few other repeat offenses, such as the illegal manufacture or distribution of narcotics. The mandatory minimums are 10 years for a second conviction, 25 years for a third, and life without parole for a fourth crime of violence. Maryland requires mandatory minimum sentences for defendants who are convicted of a violent crime for a second or subsequent time. Law §§ 9-307 (2020).) How Previous Convictions Affect Some Felony Sentences
Abduction of a child younger than 16 by a relative to another state for 30 days or less: up to one year and/or a fine of up to $1,000.Aggravated animal cruelty: up to three years and/or $5,000.
MARYLAND JUDICIARY CRIMINAL RECORDS PLUS
Theft of property worth at least $1,500 but less than $25,000: up to five years and/or a fine of up to $5,000, plus an order to restore the property to the owner or pay for its value.First-degree assault (which includes causing serious injury, strangulation, or assault with a gun): up to 25 years in prison.Drug trafficking: mandatory minimum five years in prison (no maximum), plus a fine of up to $100,000.
Second-degree rape by an adult with a victim younger than 13: mandatory minimum 15 years, up to life in prison.
First-degree murder: life in prison or life without the possibility of parole. To give you an idea of the kinds of crimes that are considered felonies in Maryland, as well as the range of sentences for those crimes, here are a few examples: Law § 2-207 (2020).) Examples of Felony Sentences in Maryland For instance, the penalty for manslaughter is either (1) up to 10 years imprisonment or (2) up to two years in local jail and/or a fine of up to $500. §§ 9-104, 9-105, 9-106 (2020).)Īlso, some individual felonies specifically allow the option of a sentence to jail rather than prison. For a sentence between 12 and 18 months, the judge may order you to serve the time in local jail or state prison. But if your sentence is for 12 months or less, you'll serve that time in local jail, unless you're sentenced in the City of Baltimore or you committed the crime while you were in prison. Typically, felony sentences are served in state prison. Will You Serve a Felony Sentence in Jail or Prison? § 6-216 (2020).)įor a few felonies, judges may impose fines as penalties, either alone or along with a sentence of incarceration. Although judges must consider these guidelines, they aren't legally required to follow them. Maryland does have complicated sentencing guidelines and worksheets to help judges make that decision. Within those limits, it's up to the judge to decide the actual penalty to impose in any case after considering the circumstances of the crime, as well as the defendant's background. The laws for each felony in Maryland establish the maximum allowable penalty for that crime-and sometimes a mandatory minimum penalty. How Does Felony Sentencing Work in Maryland? And because misdemeanors in Maryland may carry sentences of more than a year-even as long as 10 or 20 years-felonies aren't necessarily more serious than misdemeanors. In Maryland, the maximum sentences for felonies are one year or more, but some sentences might be served in county jail rather than prison. 
Most states distinguish misdemeanors from felonies based on the potential sentence, with misdemeanors punishable by a year or less in jail and felonies punishable by more than a year in prison.
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