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Charges and sentences

Felony and misdemeanor classes in Maryland

Maryland does not use numbered or lettered classes. Each criminal law says whether the offense is a felony or a misdemeanor and sets its own penalty. There is no general table of penalties for each type of crime.1

Checked October 29, 2026 against Maryland's own statutes, then by a second reader. General information, not legal advice.

What makes it a felony
Maryland has no general rule, such as a sentence length, that makes a crime a felony. The criminal law for each offense says whether it is a felony or a misdemeanor and lists the possible penalties.1
Felony theft starts at
$1,500How theft is graded
When impaired driving is a felony
No repeat-offense felony. Even with prior convictions, the offense stays a misdemeanor: with two prior convictions it carries up to 5 years, and with three or more (or a prior conviction for manslaughter, homicide or life-threatening injury by vehicle) up to 10 years.2

How Maryland grades crimes

The classes found in other states do not exist in Maryland. The label (felony or misdemeanor) and the maximum penalty are written into the law for each offense, and some misdemeanors carry longer sentences than some felonies.1

A Maryland crime can be labeled a misdemeanor even when its maximum sentence is long. For example, driving under the influence with three or more prior convictions is a misdemeanor punishable by up to 10 years.2

A person convicted of attempt or conspiracy cannot be punished more severely than the maximum for the crime attempted or conspired.3

When theft is a felony in Maryland

In Maryland, theft of property worth $1,500 or more is a felony: up to 5 years for $1,500 to under $25,000, up to 10 years for $25,000 to under $100,000, and up to 20 years at $100,000 or more. Theft of $100 to under $1,500 is a misdemeanor (up to 6 months for a first conviction), and under $100 is a misdemeanor (up to 90 days).4

Md. Code, Crim. Law § 7-104(g) · Felony theft amounts in every state

Impaired driving in Maryland

Transp. § 21-902 bars driving while under the influence of alcohol (or under the influence of alcohol per se), the lesser offense of driving while impaired by alcohol, and driving while impaired by drugs or a controlled dangerous substance. The statute does not use abbreviations; "DUI" and "DWI" are common shorthand for the first two.

Repeat offenses
No repeat-offense felony. Even with prior convictions, the offense stays a misdemeanor: with two prior convictions it carries up to 5 years, and with three or more (or a prior conviction for manslaughter, homicide or life-threatening injury by vehicle) up to 10 years.
Which past offenses count
No time limit for the 5-year and 10-year repeat tiers. Some second-offense rules use a 5-year window, including the mandatory minimum jail terms for a repeat conviction within 5 years of a prior one.
Other felony versions
Homicide by motor vehicle while under the influence of alcohol is a felony (up to 5 years, or 10 with a prior conviction), and while impaired by alcohol, a felony (up to 3 years, or 5 with a prior). Manslaughter by vehicle for grossly negligent driving is a felony (up to 10 years). Life-threatening injury by vehicle while under the influence is a misdemeanor.

Md. Code, Transp. § 21-902(a), (b), (f), (h), (i); Md. Code, Crim. Law §§ 2-209, 2-503, 2-504, 3-2112 · Felony DUI rules in every state

After a conviction

Common questions

What is a felony in Maryland?

Maryland has no general rule, such as a sentence length, that makes a crime a felony. The criminal law for each offense says whether it is a felony or a misdemeanor and lists the possible penalties.

How much theft is a felony in Maryland?

In Maryland, theft of property worth $1,500 or more is a felony: up to 5 years for $1,500 to under $25,000, up to 10 years for $25,000 to under $100,000, and up to 20 years at $100,000 or more. Theft of $100 to under $1,500 is a misdemeanor (up to 6 months for a first conviction), and under $100 is a misdemeanor (up to 90 days).

When is impaired driving a felony in Maryland?

No repeat-offense felony. Even with prior convictions, the offense stays a misdemeanor: with two prior convictions it carries up to 5 years, and with three or more (or a prior conviction for manslaughter, homicide or life-threatening injury by vehicle) up to 10 years. Homicide by motor vehicle while under the influence of alcohol is a felony (up to 5 years, or 10 with a prior conviction), and while impaired by alcohol, a felony (up to 3 years, or 5 with a prior). Manslaughter by vehicle for grossly negligent driving is a felony (up to 10 years). Life-threatening injury by vehicle while under the influence is a misdemeanor.

These are the general ranges in Maryland's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.

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Cite this page

Second Chance Index, "Felony and misdemeanor classes in Maryland" https://secondchanceindex.com/felony-classes/maryland, checked October 29, 2026.

Sources

Each source was opened and checked on October 29, 2026.

  1. Maryland People's Law Library, "Felony or misdemeanor"
  2. Md. Code, Transp. § 21-902(a), (b), (f), (h), (i); Md. Code, Crim. Law §§ 2-209, 2-503, 2-504, 3-211
  3. Md. Code, Crim. Law §§ 1-201, 1-202
  4. Md. Code, Crim. Law § 7-104(g)
  5. Maryland Code, Criminal Law § 1-101 (Definitions)Maryland General Assembly
  6. Maryland Code, Criminal Law § 1-202 (Conspiracy)Maryland General Assembly
  7. Maryland Code, Criminal Law § 2-209 (Manslaughter by vehicle or vessel)Maryland General Assembly
  8. Maryland Code, Criminal Law § 2-503 (Homicide by motor vehicle while under the influence)Maryland General Assembly
  9. Maryland Code, Criminal Law § 2-504 (Homicide by motor vehicle while impaired by alcohol)Maryland General Assembly
  10. Maryland Code, Criminal Law § 3-211 (Life-threatening injury by motor vehicle or vessel)Maryland General Assembly
  11. Maryland Code, Courts and Judicial Proceedings § 4-301 (District Court jurisdiction)Maryland General Assembly