Legal Question in Criminal Law in Maryland

Unlike some states, Maryland does not delineate the line between misdemeanors and felonies according to the amount of time you can spend locked up. Instead in Maryland, any crime punished by imprisonment in STATE PRISON is considered a felony, whereas all other crimes are defined as misdemeanors. If you have to be locked up, you definitely want to be in jail, NOT a State Prison. State Prison is where murderers, rapists, and those convicted of the most violent crimes are sent.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

The legislature classifies offenses as felonies or misdemeanors, and it sets maximum penalties too. The court decides whether a sentence more than a year and less than 18 months will be served in jail or prison. A year is the minimum eligible for prison, and 18 months is the longest sentence for a jail.

Not ANY crime punishable by time in prison is a felony. Assault-2nd degree can get you 10 years in prison, but it is a misdemeanor. Driving on a suspended license is a misdemeanor with a possible maximum of 1 year in prison and 2 years if you are a 2nd offender. These are just 2 of many may examples of misdemeanors that carry a lot of time. This allows for more flexibility. For instance, if you only spit on someone, should that be a felony? Probably not. But if you have been convicted of it 5 times, maybe you should get 10 years (or some other substantial amount over a year) in prison.