Felony vs Misdemeanor in Maryland: Sentences, Fines and Probation

Maryland sets penalties offense by offense instead of by class: each offense statute declares whether a crime is a felony or a misdemeanor and states its own maximum term and fine. The label does not track sentence length; second-degree assault, for example, is "the misdemeanor of assault in the second degree" and carries up to 10 years (Md. Code, Crim. Law 3-203(b)).

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers how Maryland statutes label and punish crimes, using offense sections from the Criminal Law Article as examples, and the sentencing-guideline, probation and revocation sections of the Criminal Procedure Article (Crim. Proc. 6-216, 6-220 to 6-223), with the main repeat-offender statutes. It does not list the penalty for every offense (see the Maryland theft laws and Maryland assault and battery laws pages), time limits for prosecution, record clearing, county and municipal codes or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Maryland

Maryland's Criminal Law Article opens with a definitions section, Crim. Law 1-101, that defines terms such as "correctional facility," "county," "minor," "person" and "veteran." It does not define felony or misdemeanor, and neither does the definitions section of the Criminal Procedure Article (Crim. Proc. 1-101). Instead, the offense statute supplies the label in its own penalty clause:

"A person who violates this section is guilty of the felony of assault in the first degree and on conviction is subject to imprisonment not exceeding 25 years." (Crim. Law 3-202(c))

"Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both." (Crim. Law 3-203(b))

Because each statute sets its own term, there is no one-year line. A misdemeanor can carry far more than a year, and the same conduct can sit on both sides: Crim. Law 3-203(c)(3) makes the version of second-degree assault defined in paragraph (2) of that subsection "the felony of assault in the second degree," punishable by "imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both," the same prison maximum as the misdemeanor with a higher fine.

Examples of Maryland felony and misdemeanor penalties

Because Maryland sets penalties offense by offense, the table below shows how individual statutes set them. Each row is a maximum unless it says otherwise.

These are the penalties in the offense sections themselves; Crim. Law 14-101, 7-104(g)(4) and the repeat-offender subsections of the drug statutes set higher or mandatory terms for some repeat convictions, described below. The theft rows leave out the restitution and other terms 7-104 also lists; the Maryland theft laws page covers theft grading in full.

First-degree murder carries life imprisonment, and under Crim. Law 2-201(b)(2), "Unless a sentence of imprisonment for life without the possibility of parole is imposed in compliance with § 2-203 of this subtitle and § 2-304 of this title, the sentence shall be imprisonment for life." The Maryland life sentence page explains what a life term means there.

How a Maryland sentence is set

Sentencing guidelines

Maryland's guidelines must be considered, within limits. Under Crim. Proc. 6-216(a)(1), "A circuit court shall consider: (i) the sentencing guidelines for ordinary sentences in deciding on the proper sentence; and (ii) the sentencing guidelines for corrections options in deciding whether to sentence a defendant to a corrections options program or to impose an ordinary sentence." Subsection (b) limits them: "The sentencing guidelines may not: (1) allow for a sentence exceeding the maximum sentence provided by law; or (2) be used in violation of any mandatory minimum sentence required by law." The statutory maximum is the outer limit, not the typical sentence.

Repeat crimes of violence

Crim. Law 14-101 is Maryland's main repeat-offender statute. Subsection (a) defines which offenses count as a "crime of violence," and the section sets three tiers:

• Fourth conviction: "on conviction for a fourth time of a crime of violence, a person who has served three separate terms of confinement in a correctional facility as a result of three separate convictions of any crime of violence shall be sentenced to life imprisonment without the possibility of parole," and "Notwithstanding any other law, the provisions of this subsection are mandatory" (Crim. Law 14-101(b)).
• Third conviction: a person convicted a third time who meets the conditions of 14-101(c)(1), including convictions of a crime of violence "on two prior separate occasions," "shall be sentenced to imprisonment for the term allowed by law but not less than 25 years." "The court may not suspend all or part of the mandatory 25-year sentence," and the person "is not eligible for parole except in accordance with the provisions of § 4-305 of the Correctional Services Article" (Crim. Law 14-101(c)).
• Second conviction: a person convicted a second time of a crime of violence, who has a prior crime-of-violence conviction and served a term of confinement for it, "shall be sentenced to imprisonment for the term allowed by law, but not less than 10 years," and "The court may not suspend all or part of the mandatory 10-year sentence." Paragraph (d)(1) applies to second offenses committed on or after October 1, 1994; paragraph (d)(2), for second offenses committed on or after October 1, 2018, adds that the person "is not eligible for parole except in accordance with the provisions of § 4-305 of the Correctional Services Article" (Crim. Law 14-101(d)).

To seek these terms, the State "shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender" (Crim. Law 14-101(e)).

Drug and firearm statutes with their own ladders

• Narcotic distribution (Crim. Law 5-608): a Schedule I or II narcotic drug offense under 5-602 to 5-606 is a felony with up to 20 years or a $15,000 fine. The maximum rises to 25 years or $25,000 for a person who previously "has served at least one term of confinement of at least 180 days in a correctional institution," under the conditions in 5-608(c), and to 40 years or $25,000 for a person who "previously has served three or more separate terms of confinement" (Crim. Law 5-608(c)-(d)).
• Large quantities (Crim. Law 5-612): except for cannabis, a person who commits the offense "is guilty of a felony and on conviction shall be sentenced to imprisonment for not less than 5 years," with a fine of up to $100,000. "The court may not suspend any part of the mandatory minimum sentence of 5 years," and, except under Correctional Services 4-305, "the person is not eligible for parole during the mandatory minimum sentence" (Crim. Law 5-612(c)(1)). The exception is 50 pounds or more of cannabis, a misdemeanor punishable by up to 10 years or a $50,000 fine or both (Crim. Law 5-612(c)(2)).
• Firearm in a crime (Crim. Law 4-204(c)): although labeled a misdemeanor, the offense carries "not less than 5 years and not exceeding 20 years" in addition to any other penalty. "The court may not impose less than the minimum sentence of 5 years," parole is not available in less than 5 years except under Correctional Services 4-305, and "For each subsequent violation, the sentence shall be consecutive to and not concurrent with any other sentence imposed for the crime of violence or felony."

Can a felony be reduced to a misdemeanor in Maryland?

The statutes described on this page contain no general provision converting a felony into a misdemeanor, the mechanism other states call a "wobbler." The offense statute fixes the label, and a few statutes, like second-degree assault, define a misdemeanor version and a felony version of the same offense (Crim. Law 3-203(b)-(c)).

A different tool is probation before judgment. Under Crim. Proc. 6-220(b):

"When a defendant pleads guilty or nolo contendere or is found guilty of a crime, a court may stay the entering of judgment, defer further proceedings, and place the defendant on probation before judgment subject to reasonable conditions if: (1) the court finds that the best interests of the defendant and the public welfare would be served; and (2) the defendant gives written consent after determination of guilt or acceptance of a nolo contendere plea."

That stays the judgment; it does not change the offense's label. The statute bars it in listed cases, among them certain repeat impaired-driving charges, a second or later drug crime (with a narrow possession exception) and listed sexual offenses involving a child under 16 (Crim. Proc. 6-220(f)). A defendant who consents to and receives the stay waives the right to appeal from the judgment of guilt (6-220(g)). On a violation the court may enter judgment and proceed as if the defendant had not been placed on probation (6-220(h)); on discharge, the outcome "shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime" (6-220(i)(3)).

Civil offenses and the lowest tiers

The lowest tiers in Maryland are set by specific statutes:

• Municipal infractions: "Unless State law classifies a violation as a criminal offense," a municipality may make a violation of its ordinance a municipal infraction, and "A municipal infraction is a civil offense." "A fine not exceeding $5,000 may be imposed for each municipal infraction" (Local Gov't 6-102(a), (c)(1)).
• Cannabis: possession of "the personal use amount of cannabis by a person under the age of 21 years is a civil offense punishable by a fine not exceeding $100," and possession of "the civil use amount of cannabis is a civil offense punishable by a fine not exceeding $250" (Crim. Law 5-601(c)(2)(ii)). Other cannabis possession is a misdemeanor with up to 6 months or a $1,000 fine (Crim. Law 5-601(c)(2)(i)).
• Traffic: a person who violates the Maryland Vehicle Law "is guilty of a misdemeanor unless the violation: (1) Is a felony under the Maryland Vehicle Law; or (2) Is punishable by a civil penalty under the applicable provision of the Maryland Vehicle Law," and, except as the Vehicle Law provides otherwise, the misdemeanor fine is up to $500 (Transp. 27-101).

How long is probation in Maryland?

In Maryland the cap depends on which court orders probation. Under Crim. Proc. 6-222(a), a circuit court or the District Court may impose a sentence, suspend part of it and:

"(i) order probation for a time longer than the sentence but, subject to subsections (b) and (c) of this section, not longer than: 1. 5 years if the probation is ordered by a circuit court; or 2. 3 years if the probation is ordered by the District Court"

The section then allows longer periods in listed situations:

• Restitution: an additional 5 years (circuit court) or 3 years (District Court) "For the purpose of making restitution," and longer still if "the defendant consents in writing" and "the extension is only for making restitution" (Crim. Proc. 6-222(b)-(c)).
• Treatment: 1 more year for "a commitment to the Maryland Department of Health for treatment under § 8-507 of the Health - General Article" (Crim. Proc. 6-222(d)(1)).
• Sexual offenses against minors: for a defendant convicted of sexual abuse of a minor under Crim. Law 3-602 or the other listed offenses who "consents in writing," up to 10 years (circuit court) or 6 years (District Court) (Crim. Proc. 6-222(a)(3)(ii)).

The general power to grant probation is in Crim. Proc. 6-221: "On entering a judgment of conviction, the court may suspend the imposition or execution of sentence and place the defendant on probation on the conditions that the court considers proper." Some offense statutes remove that option, among others: Crim. Law 14-101(c) and (d) bar suspending the 25-year and 10-year minimums, Crim. Law 5-612(c)(1) bars suspending the 5-year large-quantity minimum, and Crim. Law 4-204(c) bars a sentence below 5 years.

What happens after a probation violation in Maryland?

Under Crim. Proc. 6-223(d), if the court finds at the hearing that the person violated a condition of probation, it may:

"(1) revoke the probation granted or the suspension of sentence; and (2) (i) subject to subsection (e) of this section, for a technical violation, impose a period of incarceration of: 1. not more than 15 days for a first technical violation; 2. not more than 30 days for a second technical violation; and 3. not more than 45 days for a third technical violation; and (ii) for a fourth or subsequent technical violation or a violation that is not a technical violation, impose any sentence that might have originally been imposed for the crime of which the probationer or defendant was convicted or pleaded nolo contendere."

The day limits are a presumption, not an absolute bar: "There is a rebuttable presumption that the limits on the period of incarceration that may be imposed for a technical violation established under subsection (d)(2) of this section are applicable" (Crim. Proc. 6-223(e)(1)). The presumption is rebutted only if the court finds and states on the record that keeping to the limits would create a risk to public safety, a victim or a witness; the court may then impose a longer period, "but no more than the time remaining on the original sentence," or commit the person for treatment under Health-General 8-507, and the finding is subject to appeal (Crim. Proc. 6-223(e)(2)-(4)).

Recent changes

• Repeat-offender parole (2025): 2025 Md. Laws ch. 103 (HB 1123) repealed Crim. Law 14-101(f), effective October 1, 2025. That subsection had let a person sentenced under 14-101 petition for parole at age 60 after serving at least 15 years. The act also added Correctional Services 7-310, a parole-review track for incarcerated people who are at least 65 years old, have served at least 20 years, are not sex offenders, are serving only sentences with the possibility of parole and have had no category 1A disciplinary infractions in the previous 3 years; the Parole Commission must order a risk assessment first when the person is serving sentences for multiple crimes of violence with an aggregate term of 40 years or more. Subsections (b) and (c) of 14-101 still begin "Except as provided in subsection (f) of this section," although subsection (f) is gone.
• Drug penalties (2025): 2025 Md. Laws ch. 136 (HB 413) amended Crim. Law 5-602, 5-603, 5-612 and 5-613, "specifying that manufacturing, distributing, dispensing, or possessing certain large quantities of certain controlled dangerous substances is a felony" and "altering the penalties for being a volume dealer and drug kingpin with regard to cannabis."
• Sentence reductions (2025 and 2026): 2025 Md. Laws ch. 96 and 2026 Md. Laws ch. 498 (SB 162) amended Crim. Proc. 8-110, the sentence-reduction section for certain people imprisoned for at least 20 years. Chapter 498, effective October 1, 2026, repealed the requirement that a person convicted as an adult for an offense committed as a minor have been sentenced before October 1, 2021; the person must still have been imprisoned for at least 20 years for the offense.

Related legal issues in Maryland

Each offense statute sets its own label and penalty. The Maryland theft laws page explains how theft is graded by value, and the Maryland assault and battery laws page covers the assault degrees. For clearing an old record, see Maryland expungement laws. For the time limits on bringing charges, see the Maryland statute of limitations.

Firearm rules tied to the label

Maryland's own regulated-firearm law looks past the label. Under Pub. Safety 5-101(g), a "disqualifying crime" means "(1) a crime of violence; (2) a violation classified as a felony in the State; or (3) a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years."

Federal gun law uses a similar test: 18 U.S.C. 922(g)(1) applies to a person convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20)(B) excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Some Maryland misdemeanors carry maximums above two years, such as second-degree assault (Crim. Law 3-203(b)). Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are covered on the felony and misdemeanor classes hub.

Related

• Felony and misdemeanor classes by state
• Maryland theft laws
• Maryland assault and battery laws
• Maryland expungement laws
• Maryland life sentence
• Virginia felony and misdemeanor classes
• Pennsylvania felony and misdemeanor degrees

This article provides general legal information about how Maryland statutes label and punish crimes, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Maryland.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Maryland?

The offense statute decides: each one declares the crime a felony or a misdemeanor and sets its own penalty, and the Criminal Law Article's definitions section (Crim. Law 1-101) does not define either term. Length is not the test; second-degree assault is a misdemeanor with a maximum of 10 years (Crim. Law 3-203(b)).

Does Maryland have felony classes like Class A or Class B?

No lettered or numbered classes appear in the Maryland offense statutes described here; each sets its own maximum, for example up to 25 years for first-degree assault (Crim. Law 3-202(c)) and up to 5, 10 or 20 years for felony theft depending on value (Crim. Law 7-104(g)(1)). Repeat-offender rules in Crim. Law 14-101 can require mandatory terms up to life without parole.

Can a misdemeanor carry more than a year in Maryland?

Yes. Second-degree assault is a misdemeanor punishable by up to 10 years or a $2,500 fine or both (Crim. Law 3-203(b)), and the misdemeanor of using a firearm in a crime of violence or felony carries a mandatory 5 to 20 years in addition to the other sentence (Crim. Law 4-204(c)).

Is a civil offense a crime in Maryland?

The statutes call these civil offenses: a municipal infraction is "a civil offense" with a fine of up to $5,000 (Local Gov't 6-102), and possession of the civil use amount of cannabis is a civil offense punishable by a fine of up to $250 (Crim. Law 5-601(c)(2)(ii)).

Can a felony be reduced to a misdemeanor in Maryland?

The sections described here contain no general provision converting a felony into a misdemeanor; the offense statute sets the label. Probation before judgment (Crim. Proc. 6-220(b)) lets a court stay the entering of judgment after a guilty plea or finding, with the defendant's written consent, which is different from changing the label. It is barred in listed cases, such as a second or later drug crime with narrow exceptions (Crim. Proc. 6-220(f)).

How long is probation in Maryland?

Up to 5 years if ordered by a circuit court and up to 3 years if ordered by the District Court, whether the crime is a felony or a misdemeanor (Crim. Proc. 6-222(a)(3)(i)). The court may extend it for restitution, for a Health-General 8-507 treatment commitment, and, with written consent, for listed sexual offenses against minors (up to 10 or 6 years).

What happens if you violate probation in Maryland?

After a hearing, the court may revoke probation or the suspension of sentence (Crim. Proc. 6-223(d)). For technical violations, incarceration is limited to 15, 30 and 45 days for the first three, a rebuttable presumption the court may set aside only on a stated finding of risk to public safety, a victim or a witness; a fourth technical violation or any non-technical violation allows any sentence that might originally have been imposed.

Does Maryland have a three strikes law?

Crim. Law 14-101 requires at least 10 years for a qualifying second crime of violence (with no parole, except under Correctional Services 4-305, for second offenses committed on or after October 1, 2018), at least 25 years for a qualifying third, and life without parole for a fourth after three separate terms of confinement, with no part of the 10- or 25-year minimum suspended.