When you or a loved one are facing charges, the first question on your mind may be, “How much jail time will I have to serve?” Unfortunately, it changes from violation to violation, and is also often different based on your state. Each crime, whether misdemeanor or felony, may carry a prison term. The average jail time for crimes, however, can be difficult to determine. For instance, the average sentence for murder in one state may be very different in another. Violations have a maximum sentence that the judge can impose, but most people don’t serve the full jail time. It’s impossible to say for certain what crimes get 5 years in jail, what crimes get 15 years, and what crimes get life sentences. How much jail time you get depends on a wide variety of factors, so it is always best to work with an attorney if you are facing charges. The following is a list of felony and misdemeanor crimes and the jail time associated as well as their maximum sentences.
(Disclaimer: Most sentences listed below are Maryland averages for jail time, but may be similar for other states)
Average Jail Time for Common Crimes in Maryland
| Crime | Maximum Sentence | Average Time Served |
| 4 years (Non-marijuana) | 16 months | |
| 2. Child sexual abuse | 25 years | 3 years |
| 3. Rape/Sexual assault | Life (first degree)20 years (second degree) | 292 months (trial) |
| 4. Murder (1st degree) | Life | 17.3 years |
| 5. Murder (2nd degree) | 30 years | 5.9 years |
| 6. Manslaughter | 10 years | 9.2 years |
| 7. Burglary | 20 years (first degree)15 years (second degree) | 4.6 years |
| 8. Theft/Larceny | 10 years (less than $10,000) | 1.3 years |
| 9. Battery/Assault | 25 years (first degree)10 years (second degree) | 6.7 years |
| 10. Kidnapping | 30 years | 4.3 years |
| 11. Handgun possession | 3 years | 2 years |
| 12. DUI/DWI | 2 months (first offense) | None (first offense) (often charged with a fine) |
| 13. Domestic violence | 1 year (misdemeanor)4 years (felon) | Unknown |
| 14. Prostitution | 1 year | 10-12 days |
| 15. Shoplifting/Robbery | 15 years | 8.7 years |
| 16. Vandalism | 60 days (less than $1,000) | Days to several years |
| 17. Extortion | 10 years (less than $10,000) | 5-14 years |
| 18. Drug trafficking | 20 years (first offense) | 4.2 years |
| 19. Child pornography | 10 years (first offense) | 121 months |
Contact Us
If you have questions about potential jail time, contact Blackford & Flohr to speak to a Maryland attorney today. We can help you determine the average jail time for whatever crime you are facing
