Understanding Shoplifting Charges in Maryland: Penalties and Defenses

Shoplifting may not seem as serious as theft. However, shoplifting is a form of theft, with Maryland treating shoplifting charges as theft charges. A conviction can result in jail time, a criminal record (one that notes theft, not shoplifting), fines, and many other serious consequences. A criminal conviction can hurt your job and housing chances.

Because shoplifting can have so many ramifications, it’s a good idea to take any shoplifting charge, including a misdemeanor, seriously. Possible defenses include self-checkout mistakes, mistaken identity, and lack of intent.

What are the shoplifting penalties in Maryland?

In general, possible penalties depend on the value of the item(s) in question, the strength of the shoplifting case, and any previous theft convictions.

• Property worth less than $100: You could get up to 90 days in jail and a fine of up to $500.
• Property worth at least $100 but less than $1,500: You could get up to six months in jail and a fine of up to $500.
• Second/subsequent convictions for property worth at least $100 but less than $1,500: You could get up to one year in prison and face a fine of up to $500. With four or more prior theft convictions, up to five years in prison and a fine of up to $5,000 are possible.
• Property worth at least $1,500 but less than $25,000: You could get up to five years in prison and considerable fines of up to $10,000.
• Property worth at least $25,000 but less than $100,000: You could get up to 10 years in prison and significant fines of up to $15,000.
• Property worth $100,000 or more: You could get up to 20 years in prison and fines of up to $25,000.

A person convicted must also restore the property or pay the owner its value.

There can also be many indirect, unofficial penalties, such as job loss and struggles finding an apartment.

Could you be eligible for probation before judgment?

Some people facing shoplifting/theft charges in Maryland can indeed be eligible for Probation Before Judgment (PBJ). If the court grants PBJ and you successfully complete its conditions, you avoid a judgment of conviction, although the case remains on your record unless it is expunged.

You are more likely to qualify for PBJ with lower-value items and first-time charges versus expensive items and repeat offenses. For instance, PBJ might be granted to someone facing a first-time charge involving property worth less than $100 in Annapolis.

Is shoplifting a misdemeanor or a felony?

It usually depends on the value of the property, with theft under $100 in Maryland typically being less serious than other types of theft.

For instance, theft of property worth less than $1,500 is a misdemeanor, while theft of property worth at least $1,500 is a felony. The distinction matters for several reasons, including penalty severity, educational consequences, and the seriousness with which employers, landlords, and others perceive convictions. A felony conviction also generally carries more serious consequences than a misdemeanor conviction.

Maryland retailers have been dealing with theft, and newer laws address certain types of retail theft more specifically. Maryland’s Organized Retail Theft Act of 2025 addresses a series of retail thefts committed over a 90-day period with an aggregate value exceeding $1,500 and specified intent. The law also allows multiple thefts committed by the same person in different counties under one scheme or continuing course of conduct to be joined and prosecuted in any county where one of the thefts occurred.

Lack of intent

Lack of intent is a major defense to charges for so-called theft under $100 in Maryland. A few elements need proving for a shoplifting/theft conviction, including intent to deprive the owner of the property or knowledge that the conduct would probably do so. It’s incredibly easy to accidentally walk out of a store with something you did not pay for. Common examples:

• You left an item in your shopping cart underneath something else and did not realize it was there.
• You thought someone else in your group was paying for the items.
• You made a scanning mistake at self-checkout and thought you scanned an item.
• You got distracted and didn’t realize you had an unpaid item.

There are many such scenarios that fall under no intent. It isn’t enough to say, “I forgot to pay.” Prosecutors can try to prove through security camera video, removed price tags, witness statements, and other means that someone did possess intent to shoplift.

Mistaken identity

Another type of shoplifting defense in Maryland that your lawyer might explore is mistaken identity. You might look similar to someone else to store personnel or on surveillance footage. The state must prove its case beyond a reasonable doubt. Blurry or incomplete store video can greatly hurt its case, and so can confusing, conflicting, or changing witness statements.

Other potential defenses include:

• Ownership/consent: You thought you’d purchased the item already or had the owner’s permission to take it.
• Improper procedures: Police didn’t act properly when looking for evidence or when following other procedures.
• Inadequate evidence: All of the evidence may combine to make an underwhelming case, as might happen with grainy video, recanted witness statements, and you having a solid alibi.
• False accusations: Maybe a store employee has a personal issue with you and intentionally, wrongfully accused you of theft.

What are civil demand letters from retailers?

After someone is accused of theft or arrested on shoplifting charges, they might get a civil demand letter from the store. Usually, the letter requests return of or payment for the merchandise and compensation for other actual damages allowed by law. The letters are not civil lawsuits but rather a retailer’s way of saying, “Compensate me, or I might sue.” The letters can be a precursor to a lawsuit.

One thing to note: If you pay the amounts in a civil demand letter, your criminal charges do not necessarily disappear. The civil and criminal processes are separate.

Consult today with a shoplifting defense lawyer in Maryland

Shoplifting charges in Maryland amount to theft charges. They can be surprising, confusing, and stressful. Contacting Drew Cochran, Attorney at Law, as early as possible can help you preserve your rights and explore your options. Get in touch with us today.