Can You Shoot at a Drone Over Your Property in Maryland?

Our home is our castle, and we deserve peace when we are there. However, with the recent increase in drone activity in Maryland, that peace is often broken, and property owners might be tempted to shoot one down if it is flying overhead.

Property owners enjoy many privileges on their premises, but that does not extend to shooting at drones over yours. Firing a gun at anything when not at a range or designated area is not only incredibly dangerous, it is typically a crime. Firing at a drone is unsafe and a federal offense. Maryland can also charge you for maliciously destroying property, opening you up to multiple convictions. If you have been charged with firing your gun at a drone, our attorneys can help build your defense and determine if you had a justifiable reason for doing so.

Call Rice, Murtha & Psoras at (410) 694-7291 for a free case assessment with our Maryland criminal defense lawyers.

Can I Shoot a Drone Flying Over My Property in Maryland?

Many people believe they have the freedom to do nearly anything on their own property as long as it is not illegal. However, that is not quite the case. While you do enjoy significant liberty and a strong right to privacy on your land, there are certain actions that are off-limits, like shooting at drones. If you have noticed drones flying above your property, it is understandable to feel uneasy. Others might have suggested shooting them down, but you must steer clear of such actions, even if the drones are overhead. It is a federal offense under 18 U.S.C. § 32(a) to shoot at or otherwise damage any aircraft operating in any airspace.

Besides being a federal crime, firing at drones is incredibly risky. If you hit a drone, it could crash and potentially injure someone. Drones can be larger than they seem from the ground, with some as big as a small car. A falling drone can cause serious damage to people and property, and you could end up facing serious legal consequences, even if you do not injure someone. Moreover, you might inadvertently hit someone else if you miss your target.

Again, all airspace falls under federal jurisdiction. Even if a drone flying over your property makes you uncomfortable, you do not actually own the airspace above your land. Your options are limited when it comes to addressing the presence of a drone, primarily involving reporting it. However, drones should avoid flying too close to homes or private property. If a drone comes alarmingly near your residence or land, do not hesitate to contact the police. If you are facing charges for shooting at a drone, our Ocean City, MD criminal defense lawyers are ready to help you challenge the case.

What are the Penalties for Shooting a Drone in Maryland?

The penalties for shooting at a drone can be steep, even if you do not hit it. The Maryland and federal governments have dual jurisdiction over these crimes, so it is possible you can be charged for violating state laws, followed by another charge from the U.S. Department of Justice. Our team can help limit your exposure so that you only defend one case and not face the significant penalties imposed under federal law.

State Penalties

According to Md. Code, Crim. Art., § 6-301(a), a person cannot intentionally and maliciously damage, harm, or deface someone else’s real or personal property. This is known in Maryland as the “malicious destruction of property” but is commonly referred to as “criminal mischief” in other states.

The penalty for this crime depends on the value of the property damaged. In cases of property damage amounting to $1,000 or more, an individual will be charged with a misdemeanor. The potential penalty includes a prison sentence of up to three years and a fine of up to $2,500. On the other hand, for property damage under $1,000, a conviction can result in a maximum imprisonment of sixty days and a fine not to exceed $500.

Considering that many drones are expensive pieces of equipment, it is quite possible that defendants will face the maximum penalties. However, our team can gather evidence to substantiate the drone’s value to ensure that the state has not overcharged you.

Federal Penalties

You could also be subject to federal criminal charges alongside state criminal charges. Keep in mind that airspace falls under the regulation of the federal government, particularly the Federal Aviation Administration. Anything within federal airspace, including drones, is subject to its authority.

It is a federal crime to destroy, damage, or impair any aircraft that falls under the jurisdiction of the United States. These federal offenses can result in significant fines and a prison sentence of up to 20 years. If convicted in both jurisdictions, sentences often run consecutively, meaning that after serving the state sentence, an individual will have to serve their federal sentence.

What Should I Do if a Drone is Flying Over My Maryland Property?

Maryland property owners have a legitimate expectation of privacy, and drones can disrupt that if they fly too close to the ground around you or your residence. However, do not resort to shooting down a drone. Instead, if a drone gets so close to your home that you feel your privacy is being infringed upon, consider taking photos or recording videos of it. You can also report the incident to the police and try to find out who owns the drone.

Our team can help identify the owner and potentially file a claim against them in civil court. For instance, if they flew at you in an attempt to scare you or your family, we could sue the owner for assault. We can also file a lawsuit if they caused damage to your property.

Call Our Criminal Defense Attorneys in Maryland if You Have Been Charged with Firing at a Drone

Call Rice, Murtha & Psoras at (410) 694-7291 for a free, confidential case review with our Towson, MD criminal defense lawyers.