A criminal case can lead to more than one conviction, but a judge cannot always give a separate sentence for each crime. Maryland law may require some convictions to count as one for sentencing purposes.
If you receive separate sentences for crimes linked to the same incident, knowing when the law requires one sentence instead of several can help you spot a possible mistake.
Maryland’s rules for merging criminal convictions
Maryland law protects defendants from receiving multiple sentences for the same offense when the law requires the convictions to merge. Courts examine whether the convictions arise from the same act and whether one offense contains all the elements of the other.
If the legal test requires merger, the judge generally cannot impose separate sentences for both offenses.
When Maryland courts may merge multiple sentences
Maryland courts do not automatically merge convictions just because they arise from the same incident.
Judges consider the offenses and the circumstances of the case to determine whether separate sentences are legally permitted. The court may consider these factors:
- Required evidence test: Whether one offense contains all the elements of the other, making it a lesser-included offense.
- Rule of lenity: Whether ambiguity in the legislature’s intent about multiple punishments should favor the defendant.
- Fundamental fairness: Whether the circumstances support merging the sentences under Maryland law.
These legal tests help determine whether the court may impose separate sentences or must merge them.
The impact of an illegal sentence on your case
An illegal sentence may affect your time in custody, release date and other sentencing consequences. If an appellate court or trial court identifies a sentencing error, the court may correct the sentence according to Maryland law.
Review your sentencing documents and court records to identify the issue and discuss possible remedies with a Maryland criminal defense lawyer.
Protect Your rights after a sentencing error
If you think a Maryland court gave you an unlawful sentence, check your court papers and get legal advice. A Maryland criminal defense lawyer can review your case, find possible sentencing mistakes and help you ask the court to fix them. Acting quickly can help protect your legal rights.