Maryland Sentencing Guidelines

Understand the ranges, what drives them, and how we influence outcomes through mitigation and targeted motions.

What Are the Guidelines?

Maryland uses offense severity and criminal history to suggest a sentencing range. Judges can depart for good cause.

Key Drivers

• Offense seriousness category
• Prior record score
• Victim impact & restitution
• Presence of Weapons
• Injuries to Victim(s)
• Mitigation package (treatment, work history, community)

Presentence Investigation (PSI)

A Presentence investigation is usually court ordered and completed by the Department of Parole and Probation. An assigned investigator will speak with the Defendant, review the facts, complete a criminal history review, write a personal history of the Defendant, review the Defendant's education, health, employment, and assets. Presentence investigations vary by county and investigator.

Departures & Variances

Guidelines are calcualted using the Maryland Automated Guidelines System or (MAGS). The MAGS have a worksheet which contains various points for various factors. Once completed, the worksheet reveals a range of potential sentence for the sentencing Judge to consider.

Judges can go above or below the guidelines based upon their judgment of the case.

How We Improve Outcomes

• Early mitigation plan and documentation
• Challenging score calculations and facts
• Restitution and victim outreach when appropriate
• Favorable sentencing memoranda and witnesses

Internal links: Criminal Defense Pillar · Assault · Gun Charges · Drug Cases · Expungement

FAQs

Will I go to jail on a first offense?

Often avoidable with the right plan; the charge and facts matter most.

Can the judge ignore the guidelines?

Yes—judges can depart with stated reasons, both above and below.