Maryland Theft charges and punishments vary greatly. Depending on the value of the thing stolen, your potential punishment could be up to 90 days or up to 15 years in prison.
Here is what you need to know.
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Defenses to Maryland Theft Charges
Beating a theft charge in Maryland can be difficult, but it’s not impossible. The right legal strategy and an experienced defense attorney can make all the difference. Below are some of the most effective defenses used in misdemeanor theft cases.
No Intent to Steal
Lack of intent is one of the most powerful defenses in theft cases. This often comes into play in shoplifting and stolen vehicle situations. For example, if someone forgets to pay for an item or unintentionally walks out of a store with merchandise, that may not meet the legal definition of theft.
Similarly, buying a stolen car without knowing it was stolen could be a case of mistaken intent. If you had no intention to steal, you may have a strong defense.
Mistaken Facts
Many theft cases stem from misunderstandings or being in the wrong place at the wrong time. Just because you were near the scene of a crime doesn’t mean you’re guilty. For instance, a child or young adult might be charged because they were with a group involved in a theft. However, the prosecution must prove beyond a reasonable doubt that you intended to deprive someone of their property. If they can’t, you must be found not guilty.
Strong Alibi Witness
An alibi witness can be a game-changer in your defense. If someone can credibly testify that you were somewhere else at the time the theft occurred, the prosecution’s case weakens significantly. An experienced Maryland criminal lawyer can help prepare and present your alibi effectively in court.
Before we look at the possible punishments for theft, it’s important to first understand how Maryland law defines and categorizes theft charges.
Understanding Maryland Theft Laws
Maryland theft laws define theft broadly as the unauthorized taking of someone else’s property or services with the intent to permanently deprive the owner of it. The severity of the charge depends on the value of the stolen property and other circumstances, such as prior convictions or whether the theft involved deception or force.
Under Maryland Criminal Law § 7-104, theft crimes are divided into misdemeanor and felony categories based on the value involved:
- Misdemeanor Theft: Applies when the value is $1,500 or less. Even though labeled a misdemeanor, the consequences can include jail time, fines, and a criminal record.
- Felony Theft: Begins when the value exceeds $1,500, with penalties becoming more severe as the value increases.
Additionally, Maryland law groups offenses like shoplifting, possessing stolen property, and auto theft under the general theft statute. This means a wide variety of actions can lead to a theft charge, even if no physical theft was witnessed.
It’s critical to understand how theft is charged and what evidence the state must present. A qualified attorney can help you interpret the law and build a defense tailored to your case.
Punishment for Theft in Maryland
Maryland misdemeanor theft penalties can be found under Maryland Criminal Law Code § 7-104. The punishments are based on the value of the thing stolen. Here they are:
- Theft up to $100 – misdemeanor – up to 90 days in jail and/or a $500 fine
- Theft of $100 – $1,500 – misdemeanor – up to 6 months jail and/or a $500 fine
- Theft of $1,500 – $25,000 – Felony – up to 5 years prison and/or a $10,000 fine
- Theft of $25,000-$100,000- Felony – up to 10 years prison and/or a $15,000 fine
- Thef of $100,000 or more – Felony – up to 20 years in prison and/or a $25,000 fine
What Can Seddiq Law Do to Help?
A theft charge can destroy employment opportunities for your future or cause serious immigration consequences. If you or a loved one is facing theft convictions, you should fight the case as hard as possible. Some possible things we can do as your lawyer are as follows:
- Trial. Prepare for trial and fight for a not guilty verdict, avoiding any conviction at trial.
- Stet. In Maryland this option puts your case in the inactive docket. Typically you are required to complete some classes and/or community service. If you do, your case will be dismissed. You don’t even have to plead guilty.
- Diversion. With a strong negotiating attorney, we may be able to get you into a diversion program. Theft and shoplifting can happen to anyone. If you take some classes on shoplifting and do community service, we can get your case dismissed in some situations.
- Probation before Judgment. In Maryland sometimes even when you plead guilty the judge can strike the guilty plea and grant a probation before judgment. If this is done, it is as if you never had the conviction.
Contact Us Today for A Free Consultation
If you or a loved one is facing theft charges, reaching out early can make a significant difference. At Seddiq Law, we handle theft cases regularly and focus on achieving favorable outcomes while keeping clients informed.
Complete this form, and an attorney will respond within 15 minutes to schedule a free consultation.
Frequently Asked Questions About Misdemeanor Theft in Maryland
How Do You Beat a Misdemeanor Theft Charge?
You can beat a misdemeanor theft charge in Maryland by presenting a strong legal defense, such as showing a lack of intent to steal, proving mistaken identity or facts, or having a credible alibi witness. Hiring an experienced attorney early in your case is critical to reviewing the evidence and building a solid defense.
Can a First-Time Misdemeanor Be Dismissed in Maryland?
Yes, a first-time misdemeanor theft charge can be dismissed in Maryland through options like diversion programs, stet dockets, or probation before judgment (PBJ). These alternatives may involve completing classes or community service, and with a strong legal strategy, the case can end without a conviction.
Can You Go to Jail for a Misdemeanor in Maryland?
Yes, you can go to jail for a misdemeanor in Maryland. For theft under $100, the penalty can be up to 90 days in jail, and for theft between $100 and $1,500, the penalty can be up to 6 months in jail. The severity depends on the value of the property stolen.
What Class Is Theft a Misdemeanor?
In Maryland, theft is classified as a misdemeanor when the value of the stolen property is under $1,500. Specifically:
Theft between $100 and $1,500 is a misdemeanor punishable by up to 6 months in jail.
Theft under $100 is a misdemeanor punishable by up to 90 days in jail.
