Misdemeanors in Maryland
Maryland law distinguishes between felonies (more serious offenses) and misdemeanors (less serious offenses), though the line between them is not always intuitive. Importantly, some Maryland misdemeanors carry substantial maximum penalties — second degree assault, for example, carries up to 10 years imprisonment despite being classified as a misdemeanor.
Under Maryland law, a crime is generally classified as a misdemeanor unless the statute expressly designates it as a felony or the offense was a felony at common law. Many serious-sounding charges — including most DUI/DWI offenses, second degree assault, reckless driving, and driving on a suspended license — are misdemeanors in Maryland.
Common Maryland Misdemeanor Charges
| Offense | Statute | Max Imprisonment | Max Fine |
|---|---|---|---|
| Second Degree Assault | CL §3-203 | 10 years | $2,500 |
| DUI — First Offense | TR §21-902(a) | 1 year | $1,200 |
| Reckless Driving | TR §21-901.1 | 60 days | $1,000 |
| Driving While Suspended | TR §16-303 | 1 year (1st offense) | $1,000 |
| Theft under $1,500 | CL §7-104 | 6 months | $500 |
| Trespass | CL §6-403 | 90 days (1st offense) | $500 |
| Malicious Destruction of Property (under $1,000) | CL §6-301 | 60 days | $500 |
| Disorderly Conduct | CL §10-201 | 60 days | $500 |
Where Misdemeanors Are Heard in Maryland
Most Maryland misdemeanor cases are heard in the District Court. The District Court does not conduct jury trials — cases are decided by a District Court judge in a bench trial. Defendants charged with misdemeanors that carry a penalty of more than 90 days imprisonment have the right to elect a jury trial, which transfers the case to the Circuit Court.
The decision to elect a jury trial is a significant strategic choice that depends on the specific charge, the available defenses, the evidence, and the characteristics of the case. An experienced attorney can advise on whether a bench trial in District Court or a jury trial in Circuit Court is more appropriate for your specific situation.
Probation Before Judgment for Misdemeanors
Probation Before Judgment (PBJ) under Criminal Procedure Article §6-220 is available for most Maryland misdemeanor offenses. A PBJ avoids a criminal conviction — no guilty finding is entered on the record — and may be eligible for expungement after successful completion of probation. For first-time offenders facing misdemeanor charges, PBJ is often a realistic and achievable outcome with effective legal representation.