Understanding Theft Crimes and Penalties in Maryland

Theft is one of the most common criminal offenses, and it varies greatly in seriousness. Maryland, like other states, treats theft charges differently depending on certain factors related to the offense. The state can prosecute theft as a misdemeanor or a felony, depending on the stolen item’s value and other relevant factors.

What constitutes theft in Maryland?

“Theft” is the unlawful taking of someone else’s property with the intent to permanently deprive  them of it (or seriously interfere with their rights to it). Below is a list of some of the different means of theft:

• Physical taking, shoplifting, for example, or driving someone’s car out of their driveway.
• Theft by deception, like swindling someone out of their money by, for example, soliciting donations for a fake charity.
• Possession of stolen property that you knew or should have known was stolen.
• Failure to return ill-begotten gains even if your original acquisition was legal: You might, for example, deliberately fail to return money you obtained through an ATM malfunction.
• Theft of services, such as eating at a restaurant with no intention of paying from the moment you walked in.

Theft can also include using another person’s property without permission in a way that significantly interferes with the owner’s rights, even if you never intended to keep it permanently. Talk to a lawyer about this because it is a legal gray area.

Penalties

Maryland imposes penalties for theft that range from a fine to decades in prison, depending on the seriousness of the theft. Maryland might also require the thief to reimburse the victim for their losses.

Misdemeanor theft

Maryland recognizes two categories of misdemeanor theft. While they are only misdemeanors, they still carry meaningful penalties.

Theft under $100

Up to 90 days in jail and a fine of up to $500

Theft between $100 and $1,500

Up to six months in jail and a fine of up to $500

 

These are penalties for first offenses. Repeat offenses can result in progressively harsher penalties.

Felony theft

Maryland law includes three different types of theft that may qualify as felonies, depending on the value of the stolen property.

Theft between $1,500 and $25,000

May be a felony punishable by up to five years in prison and a fine of up to $10,000

Theft between $25,000 and $100,000

Punishable by up to 10 years in prison and a fine of up to $15,000

Theft over $100,000

Punishable by up to 20 years in prison and a fine of up to $25,000

 

In all cases, the defendant must pay the victim full restitution for their losses.

How Maryland determines the value of stolen property

The value of the stolen property can make the difference between a relatively minor misdemeanor and a serious felony. There might seem to be only a dollar’s difference between $1,499 and $1,500. When it comes to stolen property, however, that is the difference between a misdemeanor and a felony. Here is how Maryland appraises the value of stolen property:

• The purchase price of the item
• The item’s appraised value
• The aggregate value when the defendant has stolen more than one item at once
• Expert testimony, receipts, or online listings for similar property

Naturally, lawyers argue fiercely over the ultimate value of stolen property.

Types of theft

Maryland treats certain types of theft separately. Below are a few examples. Please note that “shoplifting” is intentionally excluded. Shoplifting is simply ordinary theft, except that it occurs in a shop.

Motor vehicle theft

Maryland law addresses theft of a motor vehicle separately. Stealing a motor vehicle can result in up to five years and prison and a fine of up to $5,000.

Identity theft

Maryland also treats identity theft differently from other kinds of theft, including theft of a motor vehicle. Identity theft means using someone else’s personal information, such as their Social Security number or credit card number, to commit a crime (typically fraud). Maryland recognizes different degrees of seriousness of identity theft. The maximum penalty is 15 years in prison and a $25,000 fine. Many identity thieves face multiple counts of identity theft.

Burglary

Burglary, known colloquially as home invasion, occurs when you unlawfully enter a building with the intention to commit a crime inside. The building does not have to be a residence — an office building will do. Nevertheless, breaking into someone’s home will carry more serious penalties, especially if you hurt someone inside.

The maximum penalty for burglary is 25 years in prison. Even fourth-degree burglary carries a maximum incarceration of three years in prison. The maximum stated fine is $10,000, although judges enjoy some limited flexibility under certain circumstances.

Repeat offenders

Maryland can treat a third offense of misdemeanor theft (under $1,500) as a felony. Judges also frequently enhance the penalties for repeat offenders with longer prison sentences, heftier fines, and stricter parole conditions.

Defenses

The general defense against a theft charge is “insufficient evidence.” If you assert this defense, all you are saying is, “The prosecution has failed to present enough evidence to prove guilt beyond a reasonable doubt.” This is known as a general denial. In addition to a general denial, you have several possible affirmative defenses (see below), depending on the facts of your case. If the prosecution proves all its elements, and you rely on an affirmative defense, the burden of proof becomes yours (by a “more likely than not” standard).

Mistake of fact

You made a mistake of fact if you took property that belonged to someone else because you genuinely thought it was yours, or that it was abandoned property. Courts are skeptical of this defense, but it sometimes works if there is evidence to support these claims.

Lack of intent to permanently deprive

Imagine the case of a teenager taking their neighbor’s car out for a joy ride, all the while intending to return it. This would not constitute theft. Nevertheless, it would be illegal and subject to criminal punishment. Effectively, it would be up to the defendant to prove that they intended to return the property.

Consent

You did not steal the item if the owner gave you consent to take it. That is gifting, not stealing.

Duress

You are not guilty of theft, for example, if someone put a gun to your head and said “Take me to the airport!” even if the car you drive belonged to someone else.

A Maryland criminal defense lawyer can help

Were you arrested in Maryland? Don’t panic, because you still have options. Drew Cochran is a Maryland criminal defense lawyer with 27 years of experience practicing law. He has been showered with recognition from clients and peers alike, and he is licensed to practice before both state and federal courts. He offers an aggressive defense designed to secure his clients the best possible result. Contact him today.