Posts Tagged ‘Montgomery Maryland’
MONTGOMERY MARYLAND LAW FIRM
Assisting Clients with Divorce, DUI, Child Custody & Traffic Violations
The Montgomery Maryland SRIS Law Group lawyers assist clients from the Montgomery Maryland area in the following practice areas:
- Divorce
- DUI
- Child Custody
- Reckless Driving
- Criminal Law
- Traffic Violations
- Immigration
Regardless of whether you need a Montgomery Maryland Divorce Lawyer, Montgomery Maryland DUI lawyer, Montgomery Maryland Child Custody Lawyer, Montgomery Reckless Driving lawyer or any other criminal or traffic law attorney, you can count on the Maryland attorneys of the SRIS Law Group to help you.
Our Montgomery Maryland attorneys are experienced attorneys and understand that clients need an aggressive lawyer to defend their interests.
Our Montgomery Maryland lawyers were former prosecutors and possess the skills necessary to be effective trial lawyers.
So if you need a Montgomery Maryland lawyer, do not hesitate to contact the SRIS Law Group for help.
Maryland Shoplifting & Theft Defense
Theft Charges in Maryland?
Get the help of an Aggressive Maryland Defense Lawyer
Theft encompasses any incident where someone takes the property of another with the intent to permanently deprive the true owner of that property.
Theft can refer to many types of theft offenses under Maryland Laws (MGA §7–102) Examples of theft in Maryland are shoplifting, larceny, false pretenses, and receiving stolen property. Therefore, Maryland shoplifting laws are the same as theft laws.
The penalties for theft directly relate to the cost or value of goods stolen.
More serious offenses related to theft in Maryland are:
Burglary: Burglary is breaking and entering in the house, car, boat, business, etc. of another with the intent of committing a felony therein is deemed to be theft pursuant to Maryland law.
Robbery: Robbery is taking something directly from a person by use of force, threat, or intimidation. In Maryland, robbery is a theft and an assault.
Maryland Theft/Shoplifting Penalties
Per Maryland Criminal theft law, the penalty for a theft crime is directly related to the value of the goods stolen.
Value of the stolen property is over $500, then the crime is a felony.
Value of the property is under $500, then the crime is a misdemeanor.
Additionally, Maryland law requires the property to be restored to the owner or that the owner be compensated for the value of the stolen property, i.e. restitution.
MARYLAND CRIMES INVOLVING THEFT & PENALTIES
| Charge | Penalty |
| Theft, Less than $100 | Maximum of 90 days in jail |
| Theft, Less than $500 | Maximum—18 months; Fine—$500 |
| Theft, Greater than $500 | Felony Charge. Maximum—15 years; Fine—$25,000 |
| Theft by Use of Computer Service, Less than $500 | Maximum—18 months; Fine—$500 |
| Theft by Use of Computer Service, Greater than $500 | Maximum—15 years; Fine—$25,000 |
| Theft of Motor Vehicle* | Maximum—5 years; Fine—$5,000 |
If you are facing a shoplifting charge or any other type of theft charge in Maryland, contact the SRIS Law Group Maryland theft attorneys for help.
Our Maryland theft attorneys have helped numerous clients charged with theft crimes such as shoplifting, robbery, burglary, etc.
We have offices in Baltimore, Maryland & Montogomery County, Maryland.
Montgomery County Divorce Lawyers
The SRIS Law Group Maryland Divorce Lawyers in our Montgomery Maryland office assist clients with Divorce cases throughout Maryland.
If you need a Maryland Divorce Lawyer in any of following Maryland counties to help you with a Divorce case, contact us at 888-437-7747.
Contact our Maryland Divorce Attorneys today for help.
Montgomery Office
PRINCE GEORGE’S COUNTY, MONTGOMERY COUNTY, HOWARD COUNTY, CHARLES COUNTY, FREDERICK COUNTY, CECIL COUNTY, DORCHESTER COUNTY, ROCKVILLE, SOMERSET COUNTY, WORCESTER COUNTY
MARYLAND CRIMINAL DEFENSE ATTORNEYS
DEFENDING FIRST & SECOND DEGREE MURDER & MANSLAUGHTER CHARGES IN MARYLAND
Thou shall not kill and if you do so in Maryland, you may be charged with one of the following charges:
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capital murder
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murder of the first degree
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murder of the second degree
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voluntary manslaughter
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involuntary manslaughter
The Maryland criminal defense attorneys of SRIS, P.C. will not hesitate to defend a client who has been charged with homicide. For more information or to make an appointment with SRIS,P.C. Maryland criminal defense lawyer, please call, send an e-mail or complete the on-line form.
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BALTIMORE, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
To obtain a general overview of homicide, first and second degree murder, and manslaughter defense, please click here.
To learn more about the laws pertaining to homicide, first and second degree murder, and manslaughter defense in Virginia or Massachusetts, please click on the state.
The following are some of the different types of homicide and manslaughter charges one could face in the State of Maryland:
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Murder in the first degree
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Murder in the first degree–Sentence of death
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Murder in the first degree–Sentence of imprisonment for life without the possibility of parole
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Murder in the second degree
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Attempt to commit murder in the first degree
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Attempt to commit murder in the second degree
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Manslaughter
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Manslaughter by vehicle or vessel
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Viable fetuses
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Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se
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Homicide by motor vehicle or vessel while impaired by alcohol
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Homicide by motor vehicle or vessel while impaired by drugs
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Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance
FIRST AND SECOND DEGREE MURDER & MANSLAUGHTER DEFENSE
§ 2-201. Murder in the first degree (top)
In general
(a) A murder is in the first degree if it is:
(1) a deliberate, premeditated, and willful killing;
(2) committed by lying in wait;
(3) committed by poison; or
(4) committed in the perpetration of or an attempt to perpetrate:
(i) arson in the first degree;
(ii) burning a barn, stable, tobacco house, warehouse, or other outbuilding that:
1. is not parcel to a dwelling; and
2. contains cattle, goods, wares, merchandise, horses, grain, hay, or tobacco;
(iii) burglary in the first, second, or third degree;
(iv) carjacking or armed carjacking;
(v) escape in the first degree from a State correctional facility or a local correctional facility;
(vi) kidnapping under § 3-502 or § 3-503(a)(2) of this article;
(vii) mayhem;
(viii) rape;
(ix) robbery under § 3-402 or § 3-403 of this article;
(x) sexual offense in the first or second degree;
(xi) sodomy; or
(xii) a violation of § 4-503 of this article concerning destructive devices.
Penalty
(b)(1) A person who commits a murder in the first degree is guilty of a felony and on conviction shall be sentenced to:
(i) death;
(ii) imprisonment for life without the possibility of parole; or
(iii) imprisonment for life.
(2) Unless a sentence of death is imposed in compliance with § 2-202 of this subtitle and Subtitle 3 of this title, or a sentence of imprisonment for life without the possibility of parole is imposed in compliance with § 2-203 of this subtitle and § 2-304 of this title, the sentence shall be imprisonment for life.
§ 2-202. Murder in the first degree–Sentence of death (top)
Requirement for imposition
(a) A defendant found guilty of murder in the first degree may be sentenced to death only if:
(1) at least 30 days before trial, the State gave written notice to the defendant of:
(i) the State’s intention to seek a sentence of death; and
(ii) each aggravating circumstance on which the State intends to rely;
(2)(i) with respect to § 2-303(g) of this title, except for § 2- 303(g)(1)(i) and (vii) of this title, the defendant was a principal in the first degree; or
(ii) with respect to § 2-303(g)(1)(i) of this title, a law enforcement officer, as defined in § 2-303(a) of this title, was murdered and the defendant was:
1. a principal in the first degree; or
2. a principal in the second degree who:
A. willfully, deliberately, and with premeditation intended the death of the law enforcement officer;
B. was a major participant in the murder; and
C. was actually present at the time and place of the murder; and
(3) the sentence of death is imposed in accordance with § 2-303 of this title.
Limitations
(b)(1) In this subsection, a defendant is “mentally retarded” if:
(i) the defendant had significantly below average intellectual functioning, as shown by an intelligence quotient of 70 or below on an individually administered intelligence quotient test and an impairment in adaptive behavior; and
(ii) the mental retardation was manifested before the age of 22 years.
(2) A defendant may not be sentenced to death, but shall be sentenced to imprisonment for life without the possibility of parole subject to the requirements of § 2-203(1) of this subtitle or imprisonment for life, if the defendant:
(i) was under the age of 18 years at the time of the murder; or
(ii) proves by a preponderance of the evidence that at the time of the murder the defendant was mentally retarded.
§ 2-203. Murder in the first degree–Sentence of imprisonment for life without the possibility of parole (top)
A defendant found guilty of murder in the first degree may be sentenced to imprisonment for life without the possibility of parole only if:
(1) at least 30 days before trial, the State gave written notice to the defendant of the State’s intention to seek a sentence of imprisonment for life without the possibility of parole; and
(2) the sentence of imprisonment for life without the possibility of parole is imposed in accordance with § 2-304 of this title.
§ 2-204. Murder in the second degree (top)
(a) A murder that is not in the first degree under § 2-201 of this subtitle is in the second degree.
Penalty
(b) A person who commits a murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
§ 2-205. Attempt to commit murder in the first degree (top)
A person who attempts to commit murder in the first degree is guilty of a felony and on conviction is subject to imprisonment not exceeding life.
§ 2-206. Attempt to commit murder in the second degree (top)
A person who attempts to commit murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
Penalty
(a) A person who commits manslaughter is guilty of a felony and on conviction is subject to:
(1) imprisonment not exceeding 10 years; or
(2) imprisonment in a local correctional facility not exceeding 2 years or a fine not exceeding $500 or both.
Spousal adultery not a mitigating factor
(b) The discovery of one’s spouse engaged in sexual intercourse with another does not constitute legally adequate provocation for the purpose of mitigating a killing from the crime of murder to voluntary manslaughter even though the killing was provoked by that discovery.
§ 2-209. Manslaughter by vehicle or vessel (top)
“Vehicle” defined
(a) In this section, “vehicle” includes a motor vehicle, streetcar, locomotive, engine, and train.
Prohibited
(b) A person may not cause the death of another as a result of the person’s driving, operating, or controlling a vehicle or vessel in a grossly negligent manner.
Name of crime
(c) A violation of this section is manslaughter by vehicle or vessel.
Penalty
(d) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.
“Viable” defined
(a) For purposes of a prosecution under this title, “viable” has the meaning stated in § 20-209 of the Health–General Article.
Murder or manslaughter of viable fetus
(b) Except as provided in subsections (d) through (f) of this section, a prosecution may be instituted for murder or manslaughter of a viable fetus.
Intent
(c) A person prosecuted for murder or manslaughter as provided in subsection (b) of this section must have:
(1) intended to cause the death of the viable fetus;
(2) intended to cause serious physical injury to the viable fetus; or
(3) wantonly or recklessly disregarded the likelihood that the person’s actions would cause the death of or serious physical injury to the viable fetus.
Right to terminate pregnancy
(d) Nothing in this section applies to or infringes on a woman’s right to terminate a pregnancy as stated in § 20-209 of the Health–General Article.
Liability of medical professionals
(e) Nothing in this section subjects a physician or other licensed medical professional to liability for fetal death that occurs in the course of administering lawful medical care.
Act or failure to act of pregnant woman
(f) Nothing in this section applies to an act or failure to act of a pregnant woman with regard to her own fetus.
Personhood or rights of fetus
(g) Nothing in this section shall be construed to confer personhood or any rights on the fetus.
Death penalty
(h) The commission of first degree murder of a viable fetus under this section, in conjunction with the commission of another first degree murder arising out of the same incident, does not constitute an aggravating circumstance subjecting a defendant to the death penalty under § 2-303(g)(ix) of this title.
§ 2-503. Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while:
(1) under the influence of alcohol; or
(2) under the influence of alcohol per se.
Name of crime
(b) A violation of this section is:
(1) homicide by motor vehicle or vessel while under the influence of alcohol; or
(2) homicide by motor vehicle or vessel while under the influence of alcohol per se.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
§ 2-504. Homicide by motor vehicle or vessel while impaired by alcohol (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while impaired by alcohol.
Name of crime
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by alcohol.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
§ 2-505. Homicide by motor vehicle or vessel while impaired by drugs (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is so far impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive, operate, or control a motor vehicle or vessel safely.
Name of crime
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by drugs.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Prohibited defense
(d) It is not a defense to a charge of violating this section that the person is or was entitled under the laws of this State to use a drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug, combination of drugs, or combination of one or more drugs and alcohol would make the person incapable of driving, operating, or controlling a motor vehicle or vessel in a safe manner.
§ 2-506. Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by a controlled dangerous substance, as defined in § 5-101 of this article.
Name of crime
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by a controlled dangerous substance.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Exception
(d) This section does not apply to a person who is entitled to use the controlled dangerous substance under the laws of this State.
The Maryland attorneys and Law Offices of SRIS, P.C., are located in Rockville & Baltimore .
Our Maryland criminal defense attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
MARYLAND DISORDERLY CONDUCT DEFENSE ATTORNEYS
DEFENDING CLIENTS CHARGED WITH DISORDERLY CONDUCT IN MARYLAND
If you are accused of creating a disturbance in any public place in Maryland and as a result of that disturbance, you or someone else acts violently, then you may be charged with disorderly conduct in Maryland. The Maryland law offices of SRIS, P.C. have a number of excellent Maryland disorderly conduct defense attorneys in its offices in Rockville & Baltimore. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
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BALTIMORE, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
To obtain a general overview of disorderly conduct defense, please click here.
To learn more about the laws pertaining to disorderly conduct defense in Virginia or Massachusetts, please click on the state.
The following is what the Maryland Code on disorderly Conduct states:
MARYLAND DISORDERLY CONDUCT DEFENSE
MD Code, Criminal Law,§ 10-201. Disturbing the public peace and disorderly conduct
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2)(i) “Public conveyance” means a conveyance to which the public or a portion of the public has access to and a right to use for transportation.
(ii) “Public conveyance” includes an airplane, vessel, bus, railway car, school vehicle, and subway car.
(3)(i) “Public place” means a place to which the public or a portion of the public has access and a right to resort for business, dwelling, entertainment, or other lawful purpose.
(ii) “Public place” includes:
1. a restaurant, shop, shopping center, store, tavern, or other place of business;
2. a public building;
3. a public parking lot;
4. a public street, sidewalk, or right-of-way;
5. a public park or other public grounds;
6. the common areas of a building containing four or more separate dwelling units, including a corridor, elevator, lobby, and stairwell;
7. a hotel or motel;
8. a place used for public resort or amusement, including an amusement park, golf course, race track, sports arena, swimming pool, and theater;
9. an institution of elementary, secondary, or higher education;
10. a place of public worship;
11. a place or building used for entering or exiting a public conveyance, including an airport terminal, bus station, dock, railway station, subway station, and wharf; and
12. the parking areas, sidewalks, and other grounds and structures that are part of a public place.
Construction of section
(b) For purposes of a prosecution under this section, a public conveyance or a public place need not be devoted solely to public use.
Prohibited
(c)(1) A person may not willfully and without lawful purpose obstruct or hinder the free passage of another in a public place or on a public conveyance.
(2) A person may not willfully act in a disorderly manner that disturbs the public peace.
(3) A person may not willfully fail to obey a reasonable and lawful order that a law enforcement officer makes to prevent a disturbance to the public peace.
(4) A person who enters the land or premises of another, whether an owner or lessee, or a beach adjacent to residential riparian property, may not willfully:
(i) disturb the peace of persons on the land, premises, or beach by making an unreasonably loud noise; or
(ii) act in a disorderly manner.
(5) A person from any location may not, by making an unreasonably loud noise, willfully disturb the peace of another:
(i) on the other’s land or premises;
(ii) in a public place; or
(iii) on a public conveyance.
(6) In Worcester County, a person may not build a bonfire or allow a bonfire to burn on a beach or other property between 1 a.m. and 5 a.m.
Penalty
(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $500 or both.
The Maryland disorderly conduct defense attorneys and Law Offices of SRIS, P.C., are located in Rockville and Annapolis.
Our Maryland attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
MARYLAND ROBBERY & CARJACKING DEFENSE ATTORNEYS
DEFENDING CLIENTS CHARGED WITH ROBBERY OR CARJACKING IN MARYLAND
Robbery and carjacking in Maryland is probably only second to murder in the eyes of the Maryland Courts. They are both considered very violent crimes. The Maryland prosecutors and the courts are very tough on those charged with robbery or carjacking in Maryland. Whether you are a juvenile or an adult in Maryland, you need a criminal defense lawyer who is going to really fight for you. The Maryland law offices of SRIS, P.C. have a number of excellent Maryland Robbery attorneys & Carjacking defense lawyers in its offices in Rockville & Baltimore . For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
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BALTIMORE, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
To obtain a general overview of robbery and carjacking defense, please click here.
To learn more about the laws pertaining to robbery and carjacking defense in Virginia or Massachusetts, please click on the state.
The following are some of the most relevant statutes in the State of Maryland regarding robbery & carjacking:
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Robbery
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Robbery with dangerous weapon
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Carjacking
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Armed carjacking
ROBBERY AND CARJACKING
(e) “Robbery” retains its judicially determined meaning except that:
(1) robbery includes obtaining the service of another by force or threat of force; and
(2) robbery requires proof of intent to withhold property of another:
(i) permanently;
(ii) for a period that results in the appropriation of a part of the property’s value;
(iii) with the purpose to restore it only on payment of a reward or other compensation; or
(iv) to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it.
MD Criminal Law § 3-402. Robbery
Prohibited
(a) A person may not commit or attempt to commit robbery.
Penalty
(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years.
MD Criminal Law § 3-403. Robbery with dangerous weapon (top)
(a) A person may not commit or attempt to commit robbery under § 3-402 of this subtitle:
(1) with a dangerous weapon; or
(2) by displaying a written instrument claiming that the person has possession of a dangerous weapon.
Penalty
(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.
MD Criminal Law § 3-405. Carjacking (top)
“Motor vehicle” defined
(a) In this section, “motor vehicle” has the meaning stated in § 11-135 of the Transportation Article.
Prohibited–Carjacking
(b)(1) An individual may not take unauthorized possession or control of a motor vehicle from another individual who actually possesses the motor vehicle, by force or violence, or by putting that individual in fear through intimidation or threat of force or violence.
(2) A violation of this subsection is carjacking.
Prohibited–Armed carjacking (top)
(c)(1) A person may not employ or display a dangerous weapon during the commission of a carjacking.
(2) A violation of this subsection is armed carjacking.
Penalty
(d) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
Sentencing
(e) A sentence imposed under this section may be separate from and consecutive to a sentence for any other crime that arises from the conduct underlying the carjacking or armed carjacking.
Prohibited defense
(f) It is not a defense under this section that the defendant did not intend to permanently deprive the owner or possessor of the motor vehicle.
Our Maryland Robbery defense attorneys and carjacking defense lawyers and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
