§ 3-202 of the Maryland Criminal Code forbids any person from intentionally causing or attempting to cause serious physical harm to another person. § 3-202 also specifies the penalties for these charges along with the penalties for committing assault with a deadly weapon. Deadly weapons include antique firearms, machine guns, shotguns, regulated firearms and other items. Assault with a deadly weapon is almost always charged as assault in the first degree.
First-degree assault is a very serious charge in Maryland, carrying a possible penalty of up to 25 years' imprisonment. In order to be charged with first degree assault, the state must prove the following:
Second-degree assault differs from first-degree assault in Maryland in that it is a less serious charge, but it still carries a hefty potential penalty that a Maryland defense lawyer can help you fight. The maximum penalty for second-degree assault is 10 years' imprisonment. Under Section 3-203, any unwanted physical contact can be considered assault, even if it doesn't ultimately cause injury. Assault that poses no risk of death or serious injury is normally charged as second-degree assault, however, there are some exceptions as discussed below.
Even second-degree assault in Maryland can be charged as a felony if the assault is allegedly committed against a law enforcement officer, parole officer, or probation agent. Felony charges typically only result if the alleged victim was engaged in the performance of his or her official duties, or the injuries suffered were more than minor injuries (impaired a physical condition). According to Section 3-203, anyone that commits second-degree assault on a government agent, such as a law enforcement officer, is guilty of a felony, punishable by up to 10 years' imprisonment and/or a fine not to exceed $5,000.
If you are charged with assault on a law enforcement officer, you should be aware of the severity of the charges. If the assault is committed with a deadly weapon, you could face first-degree assault charges rather than assault in the second degree. A Maryland defense lawyer who has handled assault cases is vital to helping you navigate the Maryland court system.
According to Section 3-204 of the criminal code, reckless endangerment is illegal. This section states that a person may not:
Burglary is a criminal offense that is sometimes referred to as trespassing, housebreaking, or B&E (breaking and entering). In Maryland, Burglary is broken down into four different degrees. It is important to know that there are specific types of burglary that may be classified as a felony or a misdemeanor under certain circumstances. One example is Breaking and Entering with explosives. If convicted, the potential jail time will vary greatly depending on the severity of the crime and which degree of burglary you are being charged with committing.
First degree burglary, as stated under § 6-202 of the criminal code, is the breaking and entering into a "dwelling" with some sort of intent to commit a theft or a violent crime. The intent to commit theft could be a misdemeanor or a felony. This crime is punishable by up to 20 years' imprisonment and is a felony in the state of Maryland.
Burglary is broken down into four degrees in Maryland.In Maryland, second degree burglary is similar to the first degree, with the main difference being that the crime is committed on a "storehouse" as opposed to a private residence. Generally a storehouse means any building, such as a farm barn, factory, educational facility, or public building, but it can also include certain vehicles, such as a train car, airplane or helicopter. The law also dictates in § 6-203(a) that burglary of the second degree must involve intent to commit violent crime, robbery (theft), or arson. Second degree burglary is a felony and punishable up to 15 years in prison.
Burglary is broken down into four degrees in Maryland.In Maryland, second degree burglary is similar to the first degree, with the main difference being that the crime is committed on a "storehouse" as opposed to a private residence. Generally a storehouse means any building, such as a farm barn, factory, educational facility, or public building, but it can also include certain vehicles, such as a train car, airplane or helicopter. The law also dictates in § 6-203(a) that burglary of the second degree must involve intent to commit violent crime, robbery (theft), or arson. Second degree burglary is a felony and punishable up to 15 years in prison or up to 20 years if it involves breaking into a storehouse with the intent to steal a firearm.
Third degree burglary is defined by one entering a dwelling with the intent to commit a crime. This is different than first and second degree burglary, as no specific crimes are listed. This crime is a felony and punishable by up to 10 years in prison.
Breaking and entering in the fourth degree, in the state of Maryland, is charged as a misdemeanor. This does not mean that one cited with this crime can take the charges lightly. Maryland state law § 6-205(a)(b) says that one who enters a dwelling or a store house by breaking in may be charged - irrespective of whether or not there is the intent to commit a crime. In other words, the act of "breaking in" alone is in violation of the law. Fourth degree burglary is punishable by up to three years in prison.
This particular section of Maryland state law involves breaking and entering into a dwelling, storehouse, backyard, front yard, land or garden. There must be intent to commit theft as stated in § 6-205(c). This crime is a misdemeanor punishable by up to three years in prison.
Many people do not realize how seriously the state of Maryland and the Maryland Motor Vehicle Administration (MVA) take charges of driving on a suspended license. Driving on a suspended license in Maryland is a crime punishable by up to $1,000.00 in fines and one year in jail. In fact, repeat offenders can receive up to three years in jail with advanced penalties. Those charged with driving while suspended should contact a Maryland traffic attorney for help. There are a number of reasons the MVA may suspend or revoke a Maryland driver's license:
A conviction for driving after suspension or revocation can have serious effects on your life. In addition to fines and jail time, you may find difficulty keeping employment or staying in school, difficulty securing insurance and challenges with other areas of your life. Although the law provides a specific sentence for a conviction, in reality your sentence may depend on the circumstances of your case and on the view your prosecutor and judge have of driving after suspension or revocation. An attorney who is familiar with how these charges are typically handled in your area will be best able to give you advice. CALL US NOW at 202-558-6539 for assistance with these or other traffic related criminal charges.
Driving under the influence is one of the most common criminal offenses charged in the state of Maryland, and the penalties associated with a conviction escalate dramatically with any subsequent violations. According to Section 21-902 of the Maryland Transportation Code, you can be charged with a DUI if you are found to be operating a vehicle on public property with a blood alcohol content at or above .08%.
A first offense could carry up to a year in jail, fines of up to $1,000. With a second conviction the potential jail time and the fines double to two years and $2,000 respectively. A third conviction could lead to three years in prison and a $3,000 fine. Every conviction starting with the first also carries a potential prolonged loss of driving privileges.
A DWI carries less significant penalties than a DUI because the standards to be charged are far less. A DWI can be issued if your blood alcohol is less than .08 depending on the circumstances that led to you being pulled over. The maximum penalties for a first time DWI are two months in prison and up to $500 in fines. For more information Contact us by phone or by filling out the form located below to schedule a free consultation.
Section 7-110 outlines some of the possible defenses for crimes of theft. If one of these defenses is true of your case, it is likely that your case will be dismissed entirely:
While possession of any drug in Maryland can be a serious charge, possession of marijuana is one of the least strictly enforced. Under Section 5-601(a)(1), it is illegal to possess marijuana, and the penalty for violating this law depends on the amount in your possession at the time of your arrest:
Potential sentences for drugs other than marijuana in Maryland are typically much harsher. Section 5-601(a)(1) denotes the maximum penalty for all possession charges as being a $25,000.00 fine and/or imprisonment not to exceed four years. However, under § 5-614, the state levies significant charges against those who attempt to bring large amounts of any drug into the state, regardless of whether or not it was intended for distribution. If you are arrested for attempting to bring the following quantities of drugs across state lines, you could be facing up to a $50,000.00 fine and imprisonment for up to 25 years.
Penalties also exist in Maryland for possessing drug paraphernalia or any item used to administer or transport drugs. These items could include bongs, bags, baggies, spoons, pipes, and syringes. § 5-619(c)(1) through § 5-620(b) outline the different types of paraphernalia and the penalties for these charges in Maryland. Violation of this law is a $500.00 fine for the first offense. Subsequent offenses increase the penalty to $2,000.00 and/or two years imprisonment. Distributing drug paraphernalia to a minor, although still a misdemeanor, is punishable by up to $15,000.00 in fines and eight years imprisonment.
It's important to remember that a qualified Maryland drug lawyer can fight drug paraphernalia charges in the state by making a variety of arguments, including that the paraphernalia was never intended for illegal drugs at all or the materials used for manufacturing drugs were not your own or on your property.
Any evidence suggesting that you intended to sell, manufacture, or distribute controlled substances other than marijuana should be carefully examined by a Maryland drug defense lawyer, as the associated penalties are severe (even for a first offense).Under the Code of Maryland, Section 5-603, Section 605-609, and Section 612, the following is asserted: