Maryland Criminal Law

Types of Criminal Defense Cases in Maryland

When you know the charges against you, you can begin to build your criminal defense to present to the court. This process must be handled carefully because you typically only have one chance to present a carefully-developed defense that will impact your future and quite possibly your freedom.

Your Maryland defense attorney will assist you with understanding your charges and taking steps to build your case. Always consult with an attorney to be sure, and never assume that these exact charges or sentencing guidelines may apply to your specific situation. Some common types of Maryland criminal defense cases include:

Arson

When someone creates a fire with malicious and destructive intent, they may be convicted of arson in Maryland. First-degree arson is a felony that is punishable by up to 30 years in prison. You may also be convicted of second-degree arson, which can carry a 20-year sentence, or malicious burning, which can be a felony or misdemeanor and may bring a multi-year sentence.

Assault

Assault comes in two degrees and can be either a felony or a misdemeanor. In an assault case, the details of the encounter are extremely important. For example, a common defense to an assault charge is self-defense, where the defendant had to take action to evade someone else’s assault.

Child abuse, neglect and endangerment

There are many circumstances that may be considered child abuse and neglect in the state of Maryland. These include physical abuse (whether the signs are visible or not), failure to provide proper care and attention, placing a child at substantial risk of harm, impairment of a child’s ability to function and other types of abuse, neglect and endangerment. The courts take cases involving children extremely seriously, so seek the advice of an attorney immediately.

Disorderly conduct

Certain behavior is prohibited in Maryland because it interferes with the public’s ability to peacefully enjoy their surroundings. Disorderly conduct or disturbing the peace may involve things like making loud noises, fighting, crowding an area, obstructing free passage, public intoxication, disrupting a sporting event or entering premises and causing a disturbance.

Domestic violence

Maryland domestic violence law applies to abuse that occurs between family or household members. While Maryland does not have a specific Domestic Violence crime, domestic violence often involves assaults, rape and other sexual offenses and serious bodily harm. Many people don’t realize that domestic violence may also involves kidnapping, false imprisonment and stalking charges.

Driving on a suspended license

Your driver’s license may be suspended due to a Maryland traffic violation or other related violation of Maryland law. If you drive on a suspended license, this is a criminal act that may involve incarceration, additional fines and other consequences for your ability to drive legally.

Drug crimes

All federal and Maryland state laws prohibit the illegal use and possession of many drugs like heroin, cocaine and methamphetamine. While Maryland has decriminalized the possession of 10 grams or less of marijuana, getting charged with this civil citation can still have an impact on your private life and an attorney still should be consulted.

Drug crimes range widely from misdemeanor possession charges to felony distribution charges. There is widespread confusion about Maryland drug laws, so always consult an attorney if you are accused of a drug crime.

Driving under the influence (DUI)

This charge refers to driving under the influence of alcohol and it is a serious charge. If you have a blood alcohol concentration (BAC) of .08 or higher, you are considered “under the influence per se” as defined by Maryland law. When you are driving or attempting to drive with this BAC, you will be charged with DUI.

Driving while impaired (DWI)

A DWI charge is usually considered a lesser charge than a DUI. It stands for driving while impaired. The impairment may be due to alcohol, illegal drugs or even a legal prescription drug.

Extortion

Extortion is a commonly misunderstood felony charge that is often related to theft/larceny. It generally refers to a crime where something is obtained by force or by threat of violence. Blackmail is perhaps the most common example of extortion, where someone threatens person with serious harm if that victim doesn’t take certain actions.

Fraud

Fraud is a general term that designates crimes that involve swindling and deceiving someone to obtain a measurable benefit of monetary or personal gain. The court may find the accused made misrepresentations or initiated deceitful conduct. Related charges may include identity fraud, insurance fraud, mail fraud, securities fraud, bankruptcy fraud, tax evasion and other charges.

Gaming/gambling violations

Most types of gambling are prohibited in Maryland, with the exception of horse racing. Raffles, bingo and contests are generally considered contests of skill and are exempt from gambling laws. If you are charged with a gambling crime like bookmaking or illegal betting, get legal representation to mount a criminal defense.

Indecency

One of the most common indecency charges is indecent exposure, or the willful exposure of private parts in public and in the presence of others.

Harassment

Intentional and malicious harassment after a reasonable request to stop is prohibited by Maryland law, with an exception for peaceable political protest. Although this is usually a misdemeanor crime, it may be combined with felony charges like assault.

Kidnapping

Kidnapping/abduction is a felony in Maryland punishable by up to 30 years in prison.

Manslaughter

Other than murder, this is one of the most serious crimes someone can face in the state of Maryland. Also known as criminally negligent homicide, involuntary manslaughter may include an accidental killing where negligence was involved - for example, in a drunk driving case.

Murder

Murder in the first degree is Maryland’s most serious crime. Although Maryland abolished the death penalty in 2013, you can still serve a life prison sentence for killing someone. Murder charges may vary according to whether you planned the murder in advance, poisoned someone, acted in the heat of the moment and other specific circumstances.

Obscenity

Maryland obscenity law involves applying community standards to citizens’ behavior, speech, artwork and other forms of communication. You may be charged with a crime involving the distribution of obscene materials like flyers, social media posts or videos.

Prostitution

Prostitution is illegal in any form in Maryland. These charges may come from what is commonly called street prostitution or they may be the consequence of police raids of spas and other businesses that have faced charges of prostitution and human trafficking.

Public intoxication

Also called drunk and disorderly, public intoxication is usually a misdemeanor under Maryland law but may come with related charges like disturbing the peace, DUI or DWI.

Rape

Rape is a serious crime that may be combined with certain aggravating circumstances that cause your punishment to be more severe, up to life imprisonment without parole. Aggravating circumstances include kidnapping, violent acts and brandishing a weapon.

Sexual offenses

This includes a wide variety of sex-related crimes, including those against children and adults. A first-degree sexual offense, including an attempted first-degree sexual offense, is eligible for life imprisonment in Maryland.

Shoplifting

Willfully and knowingly taking or concealing objects and failing to pay for them is a type of general theft crime in Maryland.

Theft

Regardless of the type of theft crime in Maryland, they all involve depriving someone of their property and intending to do so permanently. Because these cases have so much variation, it’s important to have a Maryland criminal lawyer who can distinguish the legalities between them and help you build a case in your defense.

Trespassing

When you enter someone’s land without permission, you may face a trespassing charge. This is a misdemeanor in Maryland and usually carries a maximum penalty of 90 days in jail and a fine of $500, although a judge may assign one or the other of the two penalties.

Underage drinking

Maryland has many laws related to underage drinking, including underage possession, underage consumption, underage purchasing, false identification, loss of driving privileges, furnishing alcohol to minors and minimum age for servers, sellers and bartenders.

Weapons crimes

Maryland has handgun laws and laws concerning the use of weapons in domestic violence crimes, and considers the use of a weapon an aggravating circumstance in the commission of crimes such as rape, assault and robbery. Weapons violations are very serious and you will need a qualified Maryland criminal lawyer to help you defend your case.