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A Guide to Maryland Theft Laws

A Guide to Maryland Theft Laws

Do you have accusations of theft pending in Maryland? Do you realize that certain theft charges are considered misdemeanors while others are considered felonies? Your life can become unstable, frightening, and confusing when you are accused of theft. You’re instantly pushed into the legal system, where unfamiliar administrative processes and terminology confront you, but one thing is for certain: if you’ve been accused of theft, you are facing a serious crime. 

We all recognize that the actual repercussions of a shoplifting, identity theft, retail theft, or stolen property have on a person’s life can have vast and long-lasting effects. Stealing is a severe violation, and often the perpetrator is unaware that their acts are criminal. The theft laws in Maryland have several classifications, and they aren’t always apparent.

Theft cases come in all forms, but knowing Maryland’s theft statutes and the penalties for breaching them can make all the difference. 

What Are the General Theft Provisions in Maryland?

The Maryland Annotated Code’s Criminal Law Article, Title 7, Section 7-104, characterizes theft as follows:

  • Unauthorized possession of the property
  • Unauthorized property control through deceit
  • Holding stolen personal property 
  • Control over property that has been misplaced, mishandled, or delivered by mistake
  • Services that are only accessible by compensation

Many laws are predicated on the phrase “knowingly.” Stealing is defined as taking or keeping something from another person with the intent to do so. So, what exactly does “knowingly” entail? 

There are a few distinct interpretations, such as the following:

  • You are deliberately depriving someone of the use of their property if you do so on purpose. 
  • You knowingly took ownership of something that belongs to someone else.
  • It is deemed knowingly taking an object if you are aware that it is likely to have been stolen or are pretty confident that it has been stolen. It’s highly likely that if someone approaches you in a parking lot and tries to sell you a brand new flat screen television or smartphone for $50, it was probably stolen. 

Theft in Maryland

The state of Maryland contains several offenses that fall under theft or can result in theft charges. Theft, retail theft, petty theft, fraud, check floating, shoplifting, identity theft, forgery, insurance fraud, healthcare fraud, workers’ compensation fraud, selling stolen items, possession of stolen goods, and embezzlement are all examples of these crimes. All of these charges are severe and require the assistance of a Maryland criminal defense lawyer.

What Are the Various Crime Classifications of Theft in Maryland and Their Penalties?

Petty Theft: The value of the object stolen determines petty theft. If the item is worth less than $100 in Maryland, it is considered a minor violation. It’s a misdemeanor, and if you’re proven guilty, you may face up to 90 days in jail and/or $500 in penalties.

Misdemeanor Theft: Another category is misdemeanor larceny. A guilty conviction might result in up to 18 months in prison. And/or a fine of up to $500 if the property costs between $100 and $1,000.

Felony Theft for Properties Worth $1,000 – $10,000: When the stolen goods are worth $1,000 or more, it is considered a felony theft. The sanction for property valued between $1,000 and $10,000 could be up to ten years in jail. And/or a fine of up to $10,000.

Felony Theft for Properties Worth $10,000 – $100,000: Theft of property worth between $10,000 and $100,000 is punishable as a felony. The court may impose a jail sentence of up to 15 years and/or a fine of $15,000.

Felony Theft for Properties Worth More Than $100,000: Felony theft involving property worth more than $100,000 can result in a sentence of up to 25 years in prison. And/or a fine of up to $25,000.

What Are the Most Effective Defenses for Theft?

A strong defense can keep you out of incarceration and save you a lot of money on penalties, depending on the circumstances of your case. You can opt to the following defenses:

  • The property or object that belongs to the person accused of stealing is one defense. Rather than simply claiming that you feel it is yours, you must provide evidence to back up your claim. Proof that backs up your allegation can help you prove your innocence.
  • You did not steal the item. You only borrowed it. Returning the item may not halt the charges against you, but it may aid in negotiating a settlement. You bear the onus of proof. Therefore you’ll need evidence to back up your claim. It’s conceivable that you overlooked returning the borrowed item. To convict you of this offense, the prosecutor would have to prove that you never meant to return it.
  • A further defense to theft is that you were inebriated at the time you took the item. Voluntary intoxication can be used as a defense to a specific intent crime. According to the law, a person needs to be able to “create the requisite intent to steal.” The charges may be dismissed if you were unable to do so. And it is a solid defense that may succeed if you show evidence that you stole something when under the influence of alcohol because you think it belongs to you.

Speak With a Maryland Criminal Defense Lawyer Today

The best defense is a good offense. Therefore, as soon as there is an accusation of a severe criminal charge, it is crucial that you have an experienced criminal defense lawyer on your side. Select someone who is knowledgeable in your specific charge and defense. 

Jeremy Widder Law is a Maryland-based legal firm specializing in protective orders and minor offenses, substance-related offenses, property crimes and non-violent felonies, as well as major offenses and violent felonies. 

Getting charged with a crime can be scary. You want someone who will listen and be your advocate. We are committed to walking with you from start to finish and giving your unique case the attention it deserves. Contact Jeremy Widder Law today.

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