Maryland Criminal Code: What to Know as a Defendant

What is the Annotated Code of Maryland?

 

The Annotated Code of Maryland is the most current public record of all the laws, known as statutes, presently in effect in the state of Maryland. It is organized into 36 named articles, each regulating an area of the state’s laws, such as labor and employment, tax, business, real property, housing and community development, education, and family law.

If you are charged with a crime in Maryland, your case will likely be decided by the statutes under the code’s criminal law article. Collectively known as the Maryland Code, this set of laws defines the criminal offenses within the state and regulates the guidelines by which individuals suspected of such crimes are apprehended, charged, tried, and penalized.

Several legal resources provide access and additional information regarding the most recent version of the Maryland Code, including the Maryland State Law Library and Gateway to Maryland Law. These legal resources provide online materials, including access to the Maryland Code and Maryland Procedural Rules (otherwise known as court rules). Nevertheless, a layperson may have a hard time understanding everything that may apply in a specific criminal case.

As soon as you are arrested, you should contact a Maryland criminal defense lawyer to understand your rights under these statutes. However, understanding the basics of the Annotated Code of Maryland is important for all residents of Maryland, regardless of their criminal background. Here’s what you need to know from Maryland criminal lawyer Paolo Gnocchi of Scrofano Law PC.

Maryland Criminal Statute Codes

 

Passed by the Maryland State General Assembly, which is made up of the Maryland House of Delegates and the Maryland Senate, Maryland’s criminal law codes recognize a large range of illegal conduct, such as theft or murder, made punishable by fines, jail or prison time, and other sanctions. Criminal laws in Maryland resemble those of other states, but the Old Line State is distinct in a variety of ways, such as its tough penalties for drug offenses.

When you have been charged with a crime in Maryland, the severity of the accusation matters. Depending on the charges and the specific circumstances surrounding your case, a crime might either be prosecuted as a felony or a misdemeanor. While, by statute, misdemeanors are considered lower offenses than felonies, the repercussions of some misdemeanor convictions can be serious.

Common violations of Maryland criminal statute codes charged as misdemeanors include traffic offenses, DUIs, petty theft, assault, and domestic violence, while felonies can include crimes like murder, sex crimes, weapons offenses, serious drug crimes, and major theft crimes such as burglary, robbery, and carjacking.

What Is a Wobbler Crime?

However, certain crimes can be prosecuted as either misdemeanors or felonies. They are called wobbler offenses. These criminal offenses allow the prosecutor discretion to choose whether they will charge the defendant with a misdemeanor or a felony after their arrest. Defendant’s criminal history is often a deciding factor in this decision.

Sometimes, prosecutors offer to drop a felony charge in exchange for a plea. But, it’s not uncommon for prosecutors to overcharge the defendants in order to scare them. For example, they may charge a “wobbler” crime as a felony even though it could be a misdemeanor, even for first-time offenders.

Attorney Paolo Gnocchi has experience representing clients in each of these areas of the law and more, and she’s prepared to defend your freedom if you are facing charges for a violation of the Maryland Criminal Law Code.

Do Punishments for Misdemeanors and Felonies Deffer?

Felonies and misdemeanors were previously differentiated by their penalties, with felony offenses carrying prison sentences of more than one year and sentences of less than one year for misdemeanors.

While this holds true in most other states, it is no longer the case in Maryland, where there are now some misdemeanors that carry longer prison sentences than certain felony convictions. For instance, a second-degree assault charge is a misdemeanor that is punishable by up to ten years in prison, while some drug possession charges that are categorized as felonies may carry five-year prison sentences.

Contact an Experienced Lawyer About the Maryland Criminal Law Code

 

If you have been accused of violating the Maryland Code, your future might be in jeopardy. Maryland criminal convictions are generally available to the public. That means people can conduct a Maryland search of criminal databases and find out if someone has a criminal record.

Some offenses that appear minor at the time can have a lasting impact on your life, affecting your ability to secure a job, drive a car, and obtain housing. At the law office of Paolo Gnocchi and Scrofano Law, we will help you comprehend the potential penalties of your case so you can make an informed decision about your future.

As an experienced Maryland criminal defense lawyer, Paolo Gnocchi will aggressively protect your rights and explore every legal avenue available to safeguard your liberty. Her years of experience and contacts in the Maryland criminal justice system allow her to pursue the most beneficial result on behalf of each client, and she can help you, too. Contact our firm today to schedule a free initial consultation, where we will offer insight into the charges and penalties you may be facing, inform you of your rights under the law, and guide you through your options.