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Published on 12/13/2024, 8:15:00 AM

Crimes of Violence in Maryland: Understanding the Legal Distinctions

Violent crimes are a critical concern for any society, prompting stringent legal measures to deter offenders and protect communities. In Maryland, the state has established comprehensive laws to define, penalize, and manage individuals convicted of violent offenses. Two pivotal statutes- Public Safety Article 5-101 and Correctional Services Article 14-101-play distinct roles in categorizing and addressing crimes of violence. This blog post explores the differences between these sections, elucidating how Maryland law delineates and penalizes violent crimes across various legal contexts.

Defining Crimes of Violence: Section 5-101 vs. Section 14-101

At the core of Maryland�s legal framework are precise definitions that classify certain offenses as "crimes of violence." However, Public Safety Article 5-101 and Correctional Services Article 14-101 serve different purposes and, consequently, define these crimes with varying scopes and implications.

Public Safety Article 5-101: Defining Crimes of Violence for Firearm Prohibitions

Section 5-101 primarily addresses "crimes of violence" within the context of firearm prohibitions. This section is crucial for determining an individual's eligibility to possess or own firearms, ensuring that those convicted of serious offenses are restricted from accessing weapons that could further endanger public safety. Other statutes also use this list when definig crime of violence like the charge of firearm use in a crime of violence

Key Points of Section 5-101:

Comprehensive List of Violent Crimes:

Correctional Services Article 14-101: Defining Crimes of Violence for Sentencing and Parole

In contrast, Section 14-101 focuses on the consequences of committing violent crimes, particularly concerning mandatory sentencing, parole eligibility, and penalties for repeat offenders. This section is instrumental in shaping Maryland's approach to punitive measures and rehabilitation for those convicted of violent offenses.

Key Points of Correctional Services Article 14-101:

Mandatory Sentencing Guidelines:

  • Establishes strict subsequent offender sentencing protocols based on the number of prior convictions.
  • Second Conviction: Imposes a minimum of 10 years imprisonment for a second violent crime, with no possibility of sentence suspension.
  • Third Conviction: Mandates at least 25 years imprisonment for a third conviction, provided certain conditions are met.
  • Fourth Conviction: Requires life imprisonment without the possibility of parole for individuals with three prior violent convictions, underscoring Maryland's zero-tolerance policy for repeat violent offenders.

Agreements and Discrepancies in Crime Definitions

While Sections 5-101 and 14-101 both define "crimes of violence," there are areas of agreement and notable discrepancies between the two. Understanding these similarities and differences is essential for comprehending how Maryland categorizes and addresses violent offenses across different legal contexts.

Crimes Both Sections Agree Are Crimes of Violence

Both sections concur on a substantial number of offenses that qualify as crimes of violence. These agreements ensure consistency in how violent crimes are treated across various legal frameworks, whether related to firearm possession or sentencing.

Agreed-Upon Crimes of Violence:

  1. Abduction and Kidnapping: Both sections recognize the severity of these offenses involving the unlawful taking or confinement of individuals.
  2. Arson in the First Degree: The intentional setting of fires with malicious intent is consistently classified as violent.
  3. Murder and Manslaughter: Both premeditated and intentional killings are acknowledged as violent crimes.
  4. Assault (First and Second Degree): Physical attacks causing injury are universally recognized.
  5. Carjacking and Armed Carjacking: The use of force or intimidation in vehicle theft is deemed violent.
  6. Rape and Sexual Offenses: Severe sexual crimes, including those against minors, are classified as violent.
  7. Robbery: Theft involving force or intimidation is consistently treated as a violent offense.
  8. Mayhem and Maiming: Severe bodily injuries leading to disfigurement or disability are recognized as violent.
  9. Home Invasion: Breaking into a residence with violent intent is deemed a violent crime.
  10. Felony Offenses Under Specific Titles: Both sections include felonies that inherently involve violence.

Crimes of Violence Differently Classified Between the Sections

Despite substantial overlap, certain crimes are uniquely classified or treated differently between Public Safety Article 5-101 and Correctional Services Article 14-101. These discrepancies highlight the distinct purposes of each section-firearm prohibitions versus sentencing and parole.

Discrepancies in Classification:

  1. Burglary:

    • Public Safety Article 5-101: Includes burglary in the first, second, or third degree as a crime of violence.
    • Correctional Services Article 14-101: Does not list burglary, focusing instead on more directly violent offenses.

  2. Escape in the First Degree:

    • Public Safety Article 5-101: Includes escape in the first degree as a crime of violence.
    • Correctional Services Article 14-101: Does not mention escape, as it is more relevant to firearm prohibitions than sentencing.

  3. Robbery with a Dangerous Weapon:

    • Public Safety Article 5-101: Specifically mentions robbery with a dangerous weapon.
    • Correctional Services Article 14-101: Defines robbery under specific sections ( 3-402 or 3-403) but does not explicitly mention the use of a dangerous weapon.

  4. Assault Degrees and Specific Intents:

    • Public Safety Article 5-101: Covers assault in the first or second degree.
    • Correctional Services Article 14-101: Includes assault in the first degree and various assaults with specific intents (e.g., intent to murder, rape, or rob), but does not separately mention "assault in the second degree" as a standalone category.

  5. Sexual Offenses:

    • Public Safety Article 5-101: Includes sexual offenses in the first, second, or third degree.
    • Correctional Services Article 14-101:* Limits sexual offenses to the first and second degrees only.

  6. Use of Firearms in Felonies:

    • Public Safety Article 5-101: Specifically addresses the use of firearms in the commission of felonies.
      -Correctional Services Article 14-101: Also includes this but within the broader context of sentencing guidelines and penalties.

  7. Child-Related Offenses:

    • Correctional Services Article 14-101: Includes specific child abuse and sexual abuse of minors with detailed conditions.
    • Public Safety Article 5-101: Does not include these specific child-related offenses.

  8. Home Invasion and Other Specific Felonies:

    • Both sections include home invasion, but Correctional Services Article 14-101: does not cover other specific felonies unless they are explicitly listed.

Parole Eligibility: A Deeper Dive

Understanding parole eligibility in Maryland requires examining both Correctional Services Article 14-101: and Correctional Services Article 7-301, which collectively govern how and when violent offenders can seek parole.

Section 7-301 outlines general parole eligibility, stipulating that individuals must serve a quarter of their sentence before being considered. However, for violent offenders under Section 14-101, the requirements are more stringent:

  1. Higher Thresholds for Parole:

    • Violent offenders must serve a greater proportion of their sentence before being eligible for parole, reflecting the state's prioritization of public safety over rehabilitation potential.

  2. Administrative Reviews:

    • After serving the required time, violent offenders undergo thorough administrative reviews to assess their behavior, rehabilitation efforts, and readiness to reintegrate into society.

  3. Exceptions and Special Provisions:

    • While generally, violent offenders face strict parole conditions, there are provisions for exceptions, such as individuals over 60 years old who have served significant portions of their sentences, allowing for potential parole consideration despite their violent histories.

Conclusion: Navigating Maryland�s Legal Landscape on Violent Crimes

For individuals navigating this legal landscape, whether as legal professionals, offenders, or community members, understanding these distinctions is crucial. It ensures informed participation in legal processes, advocates for balanced policy reforms, and supports the overarching goal of a safer, more just society.

To learn more about how these laws may affect you or someone you know, contact us today. Our experienced criminal defense lawyers are here to help you navigate the complexities of Maryland's legal system and protect your rights.