The Difference between a Felony and a Misdemeanor in Maryland

What Are the Unique Aspects of Each? How Are They Prosecuted Differently?

The-Difference-between-a-Felony-and-a-Misdemeanor-in-Maryland-imgIn Maryland, when you have been arrested and charged with a crime, it will fall into one of two categories—it will either be a misdemeanor or a felony. The initial determination as to which type of charge you’ll face will be based on the Maryland criminal statutes, which identify each violation of the law as either a misdemeanor or a felony. Often, prosecutors will charge you with both, so that you can still be found guilty of the lesser offense if there is insufficient evidence to convict you on the felony charge.

What Are the Basic Differences between a Misdemeanor and a Felony?

As a general rule, the two key distinctions between a misdemeanor and a felony are the seriousness of the crime and the potential penalties set forth in the statute. In fact, many misdemeanors may be elevated to felonies if there is evidence of intent to cause serious injury or evidence that the criminal act is larger in scale or scope. Furthermore, if the length of incarceration for a criminal conviction is less than a year, it will generally be considered a misdemeanor, but if it is greater than a year, it will be prosecuted as a felony.

Because felonies generally involved a higher degree of culpability, prosecutors will typically be less willing to engage in plea bargaining. With most misdemeanors, provided the defendant doesn’t have multiple prior convictions, there’s customarily a willingness to try to resolve the case prior to trial.

Results-Oriented Prince George’s County Criminal Attorney

Attorney Jonathan Scott Smith has more than 30 years of experience protecting the rights of criminal defendants across the Baltimore metropolitan area and the state of Maryland, including people charged with misdemeanors or felonies. He has been received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from his colleagues in the Maryland bar for more than 34 years. He has been ranked among the top 100 lawyers in Maryland listed by SuperLawyers and was named a Top-Rated Lawyer by The American Lawyer Magazine. He has also earned Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all lawyers nationwide.

Over the past 30 years, attorney Smith has successfully protected the rights of individuals facing all types of criminal charges, including prosecution for domestic violence or abuse. He will work hard to protect your constitutional rights, fully investigating your case to verify that law enforcement officers and prosecutors follow proper procedures when gathering evidence. He’ll question all potential witnesses and preserve all relevant evidence, so that he can prepare and present the most compelling arguments for your acquittal.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Aggressive Baltimore Criminal Defense Attorney

Contact our office by e-mail or call 410-740-0101 for a free initial consultation. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

The Differences between Criminal and Civil Offenses in Maryland

How the Law Treats Criminal and Non-Criminal Acts


The-Differences-between-Criminal-and-Civil-Offenses-in-Maryland-imgIn Maryland, as in all states, there are generally two sides to the legal process: the criminal laws and processes, and the civil law. A single incident can give rise to both criminal proceedings and civil proceedings. For example, if you are driving under the influence of alcohol and strike another vehicle, you may be charged with a DUI/DWI, and you may also be sued for damages in a personal injury lawsuit.

What Are the Fundamental Differences between Criminal and Civil Proceedings?

There are a number of ways that the criminal process operates differently from the civil process:

  • The parties to the legal action—In a criminal prosecution, the party initiating the action is always the government—it may be state, local or federal. In a civil action, the parties may be governmental bodies, but are typically private citizens or businesses.
  • The burden of proof—In a criminal case, you must prove guilt “beyond a reasonable doubt (typically considered to be with about 90% certainty). In a civil matter, it’s only by the weight of the evidence (more likely than not).
  • The penalties—In a criminal matter, you can be asked to make restitution, but the typical sanctions are incarceration or fines, which are payable to the state. In a civil matter, one party must typically compensate the other party, though there are very limited circumstances where you can compel performance.
  • The legal basis—Criminal prosecutions are based on violation of a statute (a written law enacted by a legislative body). Civil actions are typically based on the common law, which is set forth in legal opinions issued by judges.

Experienced Maryland Criminal Defense Attorney

Attorney Jonathan Scott Smith has fought for the rights of criminal defendants in Maryland for more than 30 years. SuperLawyers has named him one of the top 100 lawyers in Maryland and The American Lawyer Magazine has also cited him as a Top-Rated Lawyer.

Attorney Smith has been AV-rated (the highest possible) by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System for more than three decades. He has also received Martindale-Hubbell’s prized Client Distinction Award, an accolade earned by less than 4% of all attorneys nationwide. He carries a 10.0 (Superb rating) as a trial lawyer from AVVO and has also earned AVVO’s Client’s Choice Award, with an average client review of 5 stars.

A highly-regarded trial attorney, Jonathan has an extensive knowledge and understanding of Maryland criminal law and procedure. He knows how to effectively gather and preserve evidence and will take all necessary measures to ensure that law enforcement officers did not violate your constitutional rights.

Contact a Proven Maryland Criminal Defense Lawyer

At the law offices of Jonathan Scott Smith, we aggressively advocate for criminal defendants throughout the greater Baltimore area and across the state of Maryland. Contact us online or call 410-740-0101 to arrange a meeting. We handle cases throughout Anne Arundel County, Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

What Is Double Jeopardy in Criminal Law?

What Prevents You from Being Charged Again for the Same Crime?

What Is Double Jeopardy in Criminal Law?You’ve been arrested, charged and prosecuted for a crime, but the jury acquitted you. Can you be prosecuted again for the same event? If not, what prohibits that?

The concept of multiple prosecutions for the same criminal act is known as “double jeopardy.” Double jeopardy has a long history in criminal law, with measures in force in England to prevent it long before the American Revolution. The founding fathers considered protection against the practice to be so important that they included language in the 5th Amendment banning it. The relevant language states that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.”

When Does Double Jeopardy Not Apply?

Here are some specific instances where double jeopardy does not apply:

  • It does not prevent a criminal and a civil action related to the same event, unless the civil lawsuit is deemed punitive in nature or purpose
  • It does not prevent retrial if the original prosecution results in a mistrial
  • It does not prevent retrial if there is evidence of jury misconduct
  • It does not prevent retrial if a guilty verdict is overturned on appeal

Aggressive Baltimore Criminal Defense Lawyer

Attorney Jonathan Scott Smith brings more than three decades of proven experience to criminal defendants across the Baltimore metropolitan area and the state of Maryland, including people charged with violent crimes. He has been received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from his colleagues in the Maryland bar for more than 34 years. He has been ranked among the top 100 lawyers in Maryland listed by SuperLawyers and was named a Top-Rated Lawyer by The American Lawyer Magazine. He has also earned Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all lawyers nationwide.

Over the past 30 years, attorney Smith has successfully protected the rights of individuals facing all types of criminal charges, including prosecution for domestic violence or abuse. He will work hard to protect your constitutional rights, fully investigating your case to verify that law enforcement officers and prosecutors follow proper procedures when gathering evidence. He’ll question all potential witnesses and preserve all relevant evidence, so that he can prepare and present the most compelling arguments for your acquittal.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Aggressive Howard County Criminal Defense Attorney

Contact our office by e-mail or call 410-740-0101 for a free initial consultation. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Maryland Man Found Guilty in Murder-for-Hire

Defendant Put Out Contract in Drug-Related Matter

Maryland Man Found Guilty in Murder-for-HireA 36-year-old Maryland man has been convicted in federal court of a number of crimes, including murder-for-hire, related to the deaths of three people in rural Pennsylvania in 2016. Kevin Coles, a native of Hagerstown, is alleged to have put out a contract on his girlfriend, Wendy Chaney, after he learned that she was cooperating with federal authorities in a criminal investigation into a drug distribution operation he ran. Authorities say that Coles worked through intermediaries to recruit and hire members of the Baltimore gang known as the “Guerilla Family,” who traveled to a barn in rural Pennsylvania, where they found Chaney, zip-tied her hands behind her back and shot her in the head. Two others, who happened to be at the farm when the killers found Chaney, were also killed.

AV-Rated Maryland Criminal Defense Lawyer

Attorney Jonathan Scott Smith has more than 30 years of experience successfully protecting the rights of DWI/DUI defendants across the Baltimore metro area and the state of Maryland. He has been awarded an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System by fellow members of the Maryland bar for more than 34 years. He has been listed among the top 100 lawyers in Maryland listed by SuperLawyers as well as a Top-Rated Lawyer by The American Lawyer Magazine. He has also earned Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all attorneys listed in Martindale-Hubbell’s directory.

Over the past 30+ years, attorney Smith has successfully handled the defense of a wide range of criminal charges, including cases involving prosecution for violent crimes. He will aggressively protect your constitutional rights and fully investigate your case to determine whether police and prosecutors follow proper procedures when gathering evidence. He’ll carefully interview all potential witnesses, so that he can prepare and present the most compelling arguments in your defense at trial.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Effective Maryland Criminal Attorney

Contact our office by e-mail or call 410-740-0101 for an appointment. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Reckless Endangerment in Maryland

What Constitutes Reckless Endangerment? What Are the Penalties?

Reckless Endangerment in MarylandUnder Maryland law, a person may not engage in actions that create “a substantial risk of death or serious injury to another.” Such acts constitute “reckless endangerment.” The statute specifically prohibits discharging a firearm from a motor vehicle in a way that poses a substantial risk of death or serious injury, but the crime of reckless endangerment is not limited to that act. Other acts found to constitute reckless endangerment include:

  • dropping rocks on passing cars from a bridge;
  • throwing harmful objects into a crowd of people; and
  • using a motor vehicle recklessly.

It’s important to understand that this offense does not require proof of intent but only recklessness. The law generally defines recklessness as a disregard for the risks posed by an act, where the person knew or should have known of the potential consequences but ignored them. Similarly, a person cannot be charged with reckless endangerment for an act that is merely negligent.

The Penalties for Reckless Endangerment

Reckless endangerment is a unique type of offense in Maryland, one referred to as a “penitentiary misdemeanor.” Though it’s technically a misdemeanor, and should carry a term of incarceration of no more than a year, it can bring a five-year prison term.

Experienced Baltimore Criminal Defense Lawyer

Maryland SuperLawyer Jonathan Scott Smith has successfully fought for the rights of criminal defendants throughout Maryland for more than 30 years, including individuals facing reckless endangerment. AV-rated by other lawyers under Martindale-Hubbell’s Peer Review Rating System, he has also been named a Top-Rated Lawyer by The American Lawyer magazine. Jonathan has received AVVO’s Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 (Superb) rating from AVVO as a trial lawyer.

Attorney Smith knows how a criminal charge and conviction can affect your life, andhe will zealously protect your constitutional rights. He’ll question witnesses, review police reports, and carefully gather all evidence to support your acquittal.

Proven Criminal Defense Attorney in Montgomery County

To schedule a confidential consultation to discuss your options when facing charges of reckless endangerment, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles criminal matters throughout Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101