In Maryland, crimes are classified into two main categories: felonies and misdemeanors. How a crime is classified affects how an offense is prosecuted, the potential penalties, and the long-term consequences if the person convicted. Maryland criminal statutes indicate whether an offense is a felony or misdemeanor and lists the potential penalties.

How a crime is classified can affect:

• Sentencing: Felonies often lead to longer incarceration periods.
• Criminal Record: Felonies tend to carry more stigma and can be more difficult to expunge or shield.
• Civil Rights: Felony convictions can impact voting rights, the ability to serve on a jury, and gun ownership.
• Employment and Housing: Both felonies and misdemeanors can appear on background checks, but felonies may be more likely to result in being denied housing or employment.

NOTE: The seriousness of a crime is not always based on whether it is labeled a felony or misdemeanor. Some misdemeanors in Maryland carry longer sentences than some felonies.

What Is a Felony?

A felony is generally considered a more serious crime. Felonies include offenses that pose a significant threat to public safety, involve violence, or cause substantial harm. Some common examples of felonies in Maryland include:

• Murder – Md. Code, Criminal Law § 2-201
• Rape – Md. Code, Criminal Law § 3-303
• Robbery – Md. Code, Criminal Law § 3-402
• Burglary in the first degree – Md. Code, Criminal Law § 6-202
• Theft over $1,500 – Md. Code, Criminal Law § 7-104(g)(1)
• Drug distribution – Md. Code, Criminal Law § 5-602, § 5-607
• Sex trafficking of a minor  – Md. Code, Criminal Law § 3-1102

Felony convictions often carry harsh penalties, including long prison sentences, large fines, and long-term impacts on civil rights (such as voting, jury service, and firearm possession).

What Is a Misdemeanor?

A misdemeanor is considered a less serious crime, although the consequences can still be significant. Examples of misdemeanors in Maryland include:

• Theft under $1,500 – Md. Code, Criminal Law § 7-104(g)(2)
• Possession of a controlled substance (not cannabis) – Md. Code, Criminal Law § 5-601
• Second-degree assault – Md. Code, Criminal Law § 3-203
• Driving under the influence (DUI) – Md. Code, Transportation § 21-902
• Trespassing – Md. Code, Criminal Law § 6-403
• Disorderly conduct – Md. Code, Criminal Law § 10-201

Misdemeanor convictions typically carry shorter jail terms (often less than a year) and lower fines. However, some misdemeanors —such as second-degree assault or certain drug offenses—can still result in lengthy jail time and have lasting effects on a person’s criminal record.