Maryland criminal statutes define various crimes as “crimes of violence” — Md. Crim. Code, § 14-101 — and there are sentencing and parole consequences if you are convicted of a crime designated as such. Crimes of violence are the one that might typically come to mind like murder, armed robbery, rape, etc. However, the Maryland criminal code has a broader definition. For example, any use or threat to use physical force can be considered a crime of violence. Thus, assault in the first degree is considered a crime of violence. Any crime — particularly where the crime is designated as a “felony” — where there is physical harm or a danger of physical harm is considered a crime of violence. Thus, robbery and burglary are both considered crimes of violence. Maryland lawmakers have also identified specific crimes as crimes of violence. A few examples include:

• Arson
• Kidnapping
• Mayhem
• Carjacking
• Many sexual offenses
• And more

Under Maryland law, there are also a few crimes designated as crimes of violence if it is proven that specific intent existed at the time of the crime. The main examples here are various crimes of assault with intent such as the intent to murder, to rape, to rob, etc.

How Crimes of Violence Impact Sentencing

In general, being convicted of a crime of violence will likely result in the criminal defendant receiving the maximum allowable sentence. This is just the typical result and reaction from a judge to a crime that included violence towards others. This reaction will be even more pronounced for crimes involving violence directed at women and children.

Beyond how violent crimes impact normal sentencing, being convicted of a crime of violence will have direct and statutory impacts for second, third, and subsequent convictions. Generally, minimum sentences are required for subsequent convictions; 10 years for a second offense, 25 years for a third, and a life sentence for a conviction beyond a third. These are minimum sentences that must be imposed regardless of what the “normal” sentence would be for the crime involved. Just as importantly, the statute specifically states that the “… court may not suspend all or part of the mandatory … sentence required under this paragraph.”

For these reasons, it is obviously very important at the beginning of your case whether you are charged by the police and prosecutors with a crime of violence. If so, one key task of your experienced criminal defense is to get the charged crime reclassified (if possible) as something not considered a crime of violence. That, for example, might be one of the key parts of a plea bargain agreement. Likewise, the criminal defense put forth should have a strong focus on defending against the alleged crime of violence.

Impacts on Parole

Generally, a convicted defendant must serve a quarter of his or her sentence before being eligible to be considered for parole. Parole, of course, is being released early from incarceration (upon conditions). Being convicted of a crime of violence “ups” the amount of mandatory time that must be served before becoming eligible for parole. The percentage varies depending on the specific crime. Further, any consideration for parole for a crime of violence requires an extra bureaucratic layer. In such cases, an administrative assessment is required to evaluate rehabilitation, danger of further violent crimes, etc.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.