Criminal penalties in Maryland
Checked in October 2026 against the Annotated Code of Maryland.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How Maryland sets penalties
- Maryland does not use felony classes. Each offence in the Criminal Law Article sets its own maximum, usually 'imprisonment not exceeding' a number of years, sometimes with a fine.
- Most Maryland offences set no minimum prison term. A few do, such as embezzlement (at least 1 year) and some offences against children.
- Maryland also uses sentencing guidelines that judges consult. The maximums shown here are what the statute allows.
Death penalty: Maryland has no death penalty. Murder in the first degree is punished by life imprisonment, with or without the possibility of parole (Crim. Law § 2-201).
First-degree murder
Life imprisonment, with or without the possibility of parole
Murder in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment with the possibility of parole, or life without the possibility of parole
Second-degree murder
Up to 40 years
Murder in the second degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 40 years
Voluntary manslaughter
Up to 10 years
Manslaughter (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
Maryland has a single manslaughter offence. A person may instead be sentenced to up to 2 years in a local correctional facility or a fine of up to $500, or both.
Robbery
Up to 15 years (robbery) up to 20 years (robbery with a dangerous weapon)
Robbery (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years
Robbery with a dangerous weapon (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 20 years
Burglary
Up to 10 years (third degree) up to 25 years (home invasion)
Burglary in the third degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
Burglary in the second degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years (the form in subsection (b) carries up to 20 years, a fine of up to $10,000, or both)
Burglary in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 20 years
Home invasion (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 25 years
Entering the dwelling of another with the intent to commit a crime, while another person is present.
Arson
Up to 5 years (malicious burning) up to 30 years (first degree)
Malicious burning in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years, and a fine of up to $5,000, or both
- Fine
- Fine of up to $5,000
Arson in the second degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 20 years, and a fine of up to $30,000, or both
- Fine
- Fine of up to $30,000
Arson in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 30 years, and a fine of up to $50,000, or both
- Fine
- Fine of up to $50,000
Aggravated assault
Up to 10 years (second degree) up to 25 years (first degree)
Assault in the second degree (Misdemeanor (a felony in some forms))
- Least
- No minimum term set by the statute
- Most
- Up to 10 years, and a fine of up to $2,500, or both
- Fine
- Fine of up to $2,500
Assault in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 25 years
Maryland has no offence called 'aggravated assault'. Assault in the first degree is the closest: an assault with a firearm or causing serious physical injury.
Rape and sexual assault
Up to 20 years (second degree) up to life (first degree)
Rape in the second degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 20 years
Where a person 18 or older commits it against a child under 13 and the State gives 30 days' written notice, the sentence is 15 years to life, with no suspension and no parole during the 15 years.
Rape in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment; life without the possibility of parole for the forms in subsection (b), and for a repeat offender
Where a person 18 or older commits it against a child under 13 and the State gives 30 days' written notice, the sentence is 25 years to life without parole, with no suspension and no parole during the 25 years.
Kidnapping
Up to 30 years
Kidnapping (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 30 years
Embezzlement
1 to 5 years
Embezzlement (Misdemeanor)
- Least
- 1 year
- Most
- Up to 5 years
Maryland makes embezzlement a separate misdemeanor (§ 7-113), with a mandatory minimum of 1 year. Theft of property is graded by value in § 7-104, up to 20 years for property worth $100,000 or more.
Forgery
Up to 3 years (misdemeanor forms) up to 10 years
Forgery (misdemeanor forms) (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 3 years, and a fine of up to $1,000, or both
- Fine
- Fine of up to $1,000
Forgery (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years, and a fine of up to $1,000, or both
- Fine
- Fine of up to $1,000
Drunk driving, first offence
Up to 1 year in jail or a fine of up to $1,200 (driving under the influence); up to 2 months or $500 (driving while impaired)
Driving while impaired by alcohol, first offence (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 2 months in jail
- Fine
- Fine of up to $500
Driving under the influence of alcohol, first offence (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in jail
- Fine
- Fine of up to $1,200 (the court may impose jail, a fine, or both)
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington.
