You should be very careful when pleading to a “misdemeanor” in Maryland. The courts will not tell you that pleading to a common law misdemeanor in Maryland can lead to you not being able to possess a firearm. It also may lead to enhanced penalties if you are ever prosecuted in federal court.The federal government does not care if Maryland calls something a misdemeanor. The definition of a felony under federal law has to do with the maximum available imprisonment for that particular crime.Any crime where the POTENTIAL punishment is over one years is a felony under federal law. 18 U.S.C. ยง 3559. We have had many people come to our firm telling us that their lawyer and the court told them it was a misdemeanor. For example, Assault in the Second Degree is a common law misdemeanor in Maryland. However, the maximum possible imprisonment for this crime is 10 years. This is a felony conviction under federal law. You will not be able to purchase or possess a firearm after this type of conviction.If you are facing Assault Second or other common law misdemeanor charges in Maryland, we offer free consultations. You can reach us at 301.513.7832.
