Theft & Property Crime Defense in Maryland: Burglary to Larceny

It can be scary to be accused of stealing or damaging someone else’s property. A lot of people are shocked when they find out they are being looked into or charged with a crime. In some cases, a person might not even know that what they did could get them into trouble with the law. But things can change quickly once the police get involved.

In Maryland, theft and property crime charges can include shoplifting, burglary, theft (formerly called larceny), and possession of stolen property. These cases are usually more complicated than they sound at first. It may seem like a simple accusation, but there may be many details to consider, such as witness statements and other evidence.

If you are being charged with one of these crimes, bear in mind that being accused is not the same as being found guilty. People are accused of crimes that they didn’t commit or did not intend to commit every day. If you talk to a Maryland theft crimes defense attorney, they can help you understand what the charges mean and what defenses you might be able to use.

Intent matters in theft cases

One of the most important parts of many theft charges is intent. In simple terms, this means that prosecutors generally must prove that a person intended to deprive the owner of the property or knowingly exert unauthorized control over it.

This can be harder to prove than many people think. A mistake, accident, or misunderstanding is not the same thing as intentional theft. If a person did not intend to steal something, that fact may play an important role in their defense.

For example, someone might leave a store without paying for an item because they were distracted or believed the item had already been scanned at the register. Someone might take something that they think is theirs or that they have the right to use in the situation.

A defense lawyer might try to show that there was no criminal intent and that the incident was caused by a mistake or confusion.

Incomplete or weak evidence

Another common way to fight charges of theft and property crimes is to question the evidence. In many situations, the prosecution’s case may rely heavily on witness statements, store security reports, or video footage.

However, evidence is not always as clear as it may seem. Witnesses can make mistakes or remember events incorrectly. The whole situation may not be recorded by security cameras, and important information may be missing.

An experienced defense lawyer might look at police reports, surveillance footage, and witness statements to see if the evidence really supports what the prosecutors say. A strong defense can be based on weak or unreliable evidence.

Mistaken identity

Mistaken identity is another issue that sometimes appears in theft cases. This can happen when a witness believes they saw a certain person commit a crime, but they are wrong.

For instance, store workers or security guards might be able to tell who someone is by their clothes or a quick look at someone leaving the area. But people often wear the same clothes, and lighting conditions and distance can affect what a witness is able to see.

There can be serious consequences if the wrong person is picked out. A defense lawyer may look into the circumstances of the identification and see if it was trustworthy.

Illegal searches or police mistakes

When police officers investigate crimes, they have to follow certain rules. When they search someone’s property, question a suspect, or gather evidence, they have to follow the law and respect that person’s constitutional rights.

If those rules are broken, it could change whether or not some evidence can be used in court. For instance, if the police search someone without a warrant or don’t follow the right steps, the evidence they found might not be allowed in court.

A Maryland theft crimes defense attorney can look closely at how the police handled the investigation. If officers made mistakes or did not follow the rules, that may help build a defense in the case.

Possessing stolen property

Some people are charged with crimes because they were found with things that had been reported stolen. But mere possession of property doesn’t always mean that the person knew it was stolen. The prosecution generally must prove that the person knowingly possessed the property and knew or believed it was stolen (which may be inferred from the circumstances).

For instance, someone might buy something from a friend, a neighbour, or an online marketplace without knowing where it came from. Someone may borrow something or, in other cases, receive it as a gift.

In these situations, the pressing question may be whether or not the person knew the property was stolen. If they didn’t know, that could be a strong defense.

Burglary cases can be complex

Some defenses in burglary cases are based on the facts of the individual case. Burglary in Maryland generally involves entering a dwelling or other specified structure, with the intent to commit theft or certain crimes inside, depending on the degree charged.

But did the person really enter without permission, or did they even mean to commit a crime? For instance, someone might go into a building thinking they had permission or that it was open to the public.

In other cases, prosecutors may claim that a person intended to commit theft even if nothing was actually taken. It can be hard to prove intent in these cases, and the defense may focus on the fact that there isn’t enough evidence.

Why early legal help is important

The first steps in a case against someone accused of theft or property crime can have a big impact. Statements made to police, decisions about whether or not to speak with investigators, and the way evidence is handled can all affect the outcome.

Getting legal help right away can help protect the accused’s rights and stop them from making mistakes that will make their case harder to win.

An experienced lawyer can look over the facts, explain the charges, and help you come up with a defense plan that works for your case.

Call Drew Cochran, Attorney at Law

If you are accused of theft, burglary, shoplifting, or any other property crime in Maryland, you still have rights and choices.

If you need help from a Maryland theft crimes defense attorney, you can call Drew Cochran, Attorney at Law, or get in touch with him online to set up a private legal consultation.