Felonies in Maryland
Maryland felonies are crimes that were felonies at common law or that are expressly designated as felonies by statute. Felony cases are tried in the Circuit Court, where defendants have the right to a jury trial. The Circuit Court's procedures, rules of evidence, and discovery requirements are more formal and complex than those of the District Court.
Felony convictions in Maryland carry consequences that extend far beyond the prison sentence:
- Permanent prohibition on firearm possession under federal law
- Loss of the right to vote during incarceration (restored upon release in Maryland)
- Ineligibility for many professional licenses
- Deportation consequences for non-citizens
- Ineligibility for many federal benefits and programs
- Permanent criminal record accessible to employers, landlords, and licensing boards
Common Maryland Felony Charges
| Offense | Statute | Max Imprisonment |
|---|---|---|
| First Degree Assault | CL §3-202 | 25 years |
| Robbery | CL §3-402 | 15 years |
| First Degree Burglary | CL §6-202 | 20 years |
| Theft ($1,500–$24,999) | CL §7-104 | 5 years |
| Theft ($25,000+) | CL §7-104 | 10–20 years |
| Drug Distribution (Schedule I/II) | CL §5-602 | 20 years |
| Second Degree Murder | CL §2-204 | 40 years |
| First Degree Rape | CL §3-303 | Life imprisonment |
| Use of Firearm in Crime of Violence | CL §4-204 | 5–10 years mandatory; consecutive |
Felony Case Procedure in Maryland Circuit Court
Felony cases in Maryland proceed through the Circuit Court with the following general stages:
- Arrest and initial appearance — Before a District Court commissioner for initial bail determination
- Grand jury or circuit court charging — Most serious felonies are charged by indictment or criminal information filed in Circuit Court
- Circuit Court arraignment — Formal reading of charges and entry of plea
- Pretrial motions — Motions to suppress evidence, dismiss charges, or limit evidence; these proceedings can be determinative
- Discovery — Maryland's rules require the State to provide substantial discovery including witness lists, statements, scientific reports, and exculpatory evidence
- Trial — Before a jury of 12 (or by bench trial if waived); the State must prove each element beyond a reasonable doubt
- Sentencing — If convicted, the court imposes sentence within statutory ranges, subject to mandatory minimums where applicable
In felony cases, early retention of counsel is particularly critical. An attorney retained immediately after arrest can: attend the bail review hearing and advocate for release; begin preserving evidence before it is lost or destroyed; identify potential suppression issues before the charging documents are finalized; engage with the prosecution at the pre-indictment stage when dispositions may still be negotiated; and begin the investigation needed to develop the full defense picture. The earlier an attorney is involved, the more options remain available.