Q: Is conspiracy to assault first degree a non violent misdemeanor?
A:
Assault in the First Degree is a felony that is classified as a crime of violence by the Maryland Criminal Code, Section 14-101. Under the Maryland Sentencing Guidelines, conspiracy to commit any offense is classified for sentencing purposes the same as the offense the defendant conspired to commit, so it would be treated at the same seriousness category and as a crime of violence.
A conspiracy conviction carries the same potential sentence as the offense that is the object of the conspiracy; however, all conspiracies are classified as misdemeanors as far as conviction and criminal records are concerned. Because a conspiracy charge typically involves a defendant who does not personally carry out the underlying offense, there may be no victim or serious injury or damage to an intended victim, which would result in a lesser recommended guidelines range for sentencng purposes than if the crime had actually been carried out.
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