Criminal Law

Following are details on some common criminal offenses in the state of Maryland. If you have been charged with one or more of these offenses in Hagerstown, Smithsburg, Boonsboro, Williamsport, Hancock, or elsewhere in Washington County, we can help. Please contact us today.

DUI / DWI

Receiving a DUI (Driving Under the Influence) or DWI (Driving While Impaired) charge is a serious offense in the state of Maryland. When law enforcement charges a driver with a DUI, it is because the driver's BAC (Blood Alcohol Content) has registered at or above the legal limit of 0.08%. A DUI charge has a maximum sentence of 1 year in jail, $1,000 fine, and a possible 120-day license suspension. In addition with repeat offenses such as second and third DUI convictions, the penalties increase.

When law enforcement charges a driver with a DWI, it is because the driver has measured his/her BAC (Blood Alcohol Content) to be 0.07% to 0.079%. These levels are presumed to have impaired or influenced the driver. A DWI charge has a maximum sentence of 60 days in jail and a $500 fine. As with DUIs, second and third DWI convictions result in increased penalties.

DWI's and DUI’s are additionally given for those under the influence of drugs, although they are more commonly given for alcohol content. Driving under the influence of drugs is illegal in Maryland. Drugs that coincide in DWI and DUI charges include but are not limited to cocaine, heroin, and marijuana.

Driving While Suspended or Revoked

In the state of Maryland it is against the law to drive while your license has been suspended or revoked. The reasons for suspended and/or revoked licenses vary on the individual but common offenses include: failing to pay a traffic ticket, alcohol/drug related offenses, failure to pay child support, excessive amount of points accumulated, etc. Both driving while suspended and/or revoked have a maximum sentence of 1 year in jail and up to a $1,000 fine. A second offense or subsequent charge has a maximum penalty of 2 years in jail and up to a $1,000 fine.

Assault

Assault in the state of Maryland is offensively making physical contact or attempting to make physical contact with another individual without his/her consent. In addition making/attempting unconsented contact, assault also includes placing an individual in direct fear of intended unconsented contact.

First-Degree Assault is a Felony in the state of Maryland and it is causing or attempting to cause intentional harm to an individual without his/her consent. If a firearm is used in such an assault it is automatically considered first-degree assault. Being charged with first-degree assault and/or attempted first-degree assault will have a maximum imprisonment of 25 years. For those who commit first-degree assault more than once the mandatory minimum sentences for imprisonment increase with each offense.

For example:

A minimum sentence of 10 years in prison is required for a second offense of first-degree assault.
A minimum sentence of 25 years incarceration is required for a third offense of first-degree assault.
If an individual has 4 offenses of first-degree assault then his/her will have a life sentence in prison without parole.

Second-Degree Assault is a Misdemeanor in the state of Maryland and is considered to be any intentional harmful contact with an individual. However, second-degree assault excludes any and all situations that include: permanent injury, death, impairment of the body or organs, etc. Being charged with second-degree assault will have an imprisonment of up to 10 years, a fine of $2,500, and/or both. If the assault victim is a law enforcement officer, the offense is automatically charged as a felony with upwards to 10 years in prison and/or a fine of $5,000.

Disorderly Conduct

Disorderly Conduct in the state of Maryland is when any individual intentionally obstructs the free granted passage of another individual in a public location and in doing such interferes with the peace of said location. In addition, one can be charged with the misdemeanor of disorderly conduct if he/she disobeys a law enforcement officer’s instructions to end the disturbing behavior. The offense of disorderly conduct may have up to 60 days in prison and/or a maximum fine of $500.

Disturbing the Peace

Disturbing the Peace in the state of Maryland is similar if not the same as Disorderly Conduct, with the additional rules to protect religious organizations’ property from being defiled. Such offenses to religious organizations and/or persons will be charged with a fine up to $5,000 and/or 3 years in prison. Other charges include upwards to a fine of $1,000 and/or 90 days in prison for interfering with medical emergency vehicles.

Failure to Obey a Lawful Order

Failure to Obey a Lawful Order in the state of Maryland is the intentional disobeying of a reasonable and lawful order from an officer of law enforcement. Such an order must be used to prevent the disturbance to the public peace. Such an offense is charged with up to 60 days in prison and/or a fine of $500.

Drug Distribution

Drug Distribution in the state of Maryland is having possession of a controlled dangerous substance in an amount that would indicate the intent for distribution of said controlled substance. The distribution of drugs in the state of Maryland is a felony with convictions ranging from 5 to 20 years in prison and/or fines of $15,000 and up to $25,000 depending on the type of drugs, i.e. Cocaine, Heroin, Marijuana, Narcotics, etc…

Drug Possession

The possession of drugs in the state of Maryland is having a controlled or non-controlled dangerous substance in an individual’s ownership. It is considered a misdemeanor and carries sentences ranging from 1 year to 4 years in prison with fines of $1,000.00 and up to $25,000 depending on the type of drugs, i.e. Cocaine, Heroin, Marijuana, Narcotics, etc…

Paraphernalia

In the state of Maryland the possession, intent to distribute, sell, and/or manufactory paraphernalia is against the law. In addition the intent to use said paraphernalia to produce, cultivate, grow, harvest, test, prepare, etc. is also considered illegal in the state of Maryland. For a misdemeanor the charge is $500, and for a sub. offense the fine is $2,000 and/or up to 2 years in prison.

False Imprisonment

False imprisonment in the state of Maryland is when an individual is unlawfully detained; it is considered a misdemeanor.

Harassment

Harassment in the state of Maryland is both: a persistent pattern of behavior that distressed an individual with the intent to continue regardless of lack of consent from the victim and/or following an individual within a public place without a legal purpose with the intent to distress, harass, alarm, etc. the victim. Both misdemeanors are charged with a fine of up to $500 and/or 90 days in prison, in addition, subsequent offense will result in a a fine of up to $1,000 and/or 180 days in prison.

Perjury

Perjury in the state of Maryland is the intentional, false, and corrupt making of a statement or oath after matters were sworn to be truthful testimony. Perjury can be committed through the falsification of: appearing in Court as a witness, giving a affidavit (statement) under law requirement, obtaining State financed Health Plans (food stamps, property, etc.) and contradictory states. This misdemeanor has a maximum sentence of 10 years in prison.

Public Intoxication

Public intoxication in the state of Maryland is the consumption of alcohol in an excessive manner in a public setting that disturbed the public and/or endangered the safety and/or property of another individual. This offense has a maximum fee of $100 and/or a maximum sentence of 90 days in prison.

Prostitution

Prostitution in the state of Maryland is the intentional act of engaging in the solicitation, operation, assignation, act and allowance of an individual to accept the means from said offense. Prostitution is a misdemeanor that has a maximum sentence of 1 year in prison and/or a fine up to $500. However, the prostitution of a minor (16 or under) through harboring said minor into committing this sexual offense is a felony. This felony has a maximum sentence of 25 years in prison and/or a fine up to $5,000. Additionally, the individual who acquires the end proceeds from the income of the individuals soliciting the means of prostitution faces a fine up to $10,000 and/or 10 years in prison.

Theft

Theft in the state of Maryland is the unlawful removal of another individual’s and/or business’ property or possessions without his/her consent. Depending on the value of the stolen property there are varying levels of consequences that include:

Theft of $100,000 PLUS has a maximum sentence of 25 years in prison and/or a fine of up to $25,000.
Theft of $10,000 to UNDER $100,000 has a maximum sentence of 15 years in prison and/or a fine of up to $15,000.
Theft of $1,000 to UNDER $10,000 has a maximum sentence of 10 years in prison and/or a fine of up to $10,000.
Theft of less than $1,000 has a maximum sentence of 18 months in prison and/or a fine of up to $500.
Theft of less than $100 has a maximum sentence of 90 days in prison and/or a fine of up to $500.
Motor Vehicle theft has a maximum sentence of 5 years in prison and/or a fine of up to $5,000.

Theft - Scheme

In addition to removing another individual’s and/or business’ property or possessions without consent being against the law, it is also against the law in the state of Maryland to scheme or plan the act of theft. Scheming to remove private property is punishable by law in the following manner:

Theft-scheme of less than $1,000 has a maximum sentence of 18 months in prison and/or a fine of up to $500.
Theft-scheme of $1,000 to UNDER $10,000 has a maximum sentence of 10 years in prison and/or a fine of up to $10,000.
Theft-scheme of $10,000 to UNDER $100,000 has a maximum sentence of 15 years in prison and/or a fine of up to $15,000.
Theft-scheme of $100,000 PLUS has a maximum sentence of 25 years in prison and/or a fine of up to $25,000.

Robbery

Robbery in the state of Maryland is the unlawful attempt to take or to take an individual’s belongings from his/her person in a felonious manner. The maximum sentence for this felony is 15 years in prison.

Armed Robbery

Armed robbery, a Felony in the state of Maryland, is using a dangerous weapon in order to violently and unlawfully attempt to steal or steal an individual’s belongings from his/her person. The maximum sentence for armed robbery is 20 years in prison.

Burglary

First Degree: Burglary of the first degree in the state of Maryland is the unconsented breaking and entering of a house of an individual with the intent to commit the felony/misdemeanor of theft. First-degree burglary is a felony with the maximum sentence of 20 years in prison.

Home Invasion: Home invasion in the state of Maryland is the unconsented breaking and entering of a house with the directed intent to commit a crime using violence. Home Invasion is a felony with the maximum sentence of 25 years in prison.

Second Degree: Burglary of the second degree in the state of Maryland is the unconsented breaking and entering of the storehouse (any building type, commercial, construction and/or watercraft) of an individual with the intent to commit the felony of theft/arson/violent crime all within second degree. The maximum sentence of second-degree burglary is 15 years in prison. If the Second-degree burglary takes place and the individual is intending to steal a firearm the sentence is increased to 20 years in prison.

Third Degree: Burglary of the third degree in the state of Maryland is the unconsented breaking and entering a location in which the individual commits a crime. Third-degree burglary has a maximum sentence of 10 years in prison.

Fraud

Bad Checks: Fraudulent checks in the state of Maryland are considered felonies for those exceeding $1,000. When an individual obtains a check with the previous knowledge that the account linked to the check has insufficient funds to pay for the property obtained. In addition, when an individual uses a check with previous knowledge of insufficient funds and then proceeds to cancel the check without the vendor's notice it is also considered a felony. The penalties for distributing, using, and/or obtaining a fraudulent check includes but is not limited to the following:

Obtaining property valued from $1,000 has a maximum sentence of 10 years in prison and/or a fine of up to $10,000.
Obtaining property valued from $100K has a maximum sentence of 25 years in prison and/or a fine of up to $25,000.
Obtaining property valued from $10K to <$100K has a maximum sentence of 15 years in prison and/or a fine of up to $15,000.
Obtaining property valued from $1,000 to <$10K has a maximum sentence of 10 years in prison and/or a fine of $10,000.

Identity Theft: Identity theft in the state of Maryland is the intent to fraudulently use another person’s identity without consent and intending to use the information for gaining a benefit or selling the information. Depending on the amount of information stolen there are varying consequences. Identity theft of $100K+ has a maximum sentence of 25 years and/or a fine of $25,000, identity theft of $10K to $100K has a maximum sentence of 15 years and/or a fine of $15,000, etc.

Rental Car: In the state of Maryland the failure to return and/or the abandonment of a rental motor vehicle that has been leased by the owner is considered a misdemeanor. The consequences of such are a sentence of 1 year in prison and/or a fine of up to $500.

Forgery

Forgery in the state of Maryland is the falsification of documents, currency, titles, etc. It is considered a felony and has a sentence 10 years in prison and/or a fine of up to $1,000.