What’s the Difference Between Theft, Burglary, and Robbery in MD?

Criminal lawyers are often asked about the difference between burglary, robbery, and theft. These terms are often used interchangeably in popular media, but they are distinct crimes.

Although many people might use theft, robbery, and burglary interchangeably, each of these words holds a unique legal meaning within the courtroom. Theft refers to the act of taking someone’s property without permission, while robbery involves using force or intimidation to commit theft, and burglary involves unlawfully entering a property with intent to commit a crime. Because each of these charges carries distinct penalties, it is important to prepare specialized defenses for each.

Contact Rice, Murtha & Psoras today at (410) 694-7291 to receive your free case assessment with our Maryland theft defense lawyers.

How is Theft Defined in Maryland?

Theft is defined as the act of taking someone else’s assets or property without their consent. For an offense to be labeled as theft, it must meet certain criteria, including the defendant taking physical control of the property or asset with no intention of returning it, the asset or property being taken without consent, and the asset or property being a tangible item.

Some examples of theft include shoplifting, pickpocketing, stealing a vehicle, stealing credit cards or personal information, and taking someone’s personal property during an argument.

Proving Theft

The Maryland Theft provisions provide the State with a broad range of ways to demonstrate theft, including obtaining control of property through concealment, deception, or use. Our Baltimore theft defense attorneys can help determine if the state has enough evidence to convict. Theft can also be proved if you knowingly possess stolen property or take possession of property known to be lost or delivered by mistake. Lastly, theft can be shown by obtaining services through deception or without consent.

Penalties for Theft

In Maryland, theft can be classified as either a misdemeanor or a felony, depending on the value of the stolen property. The penalty for theft of less than $100 is considered a misdemeanor and carries a penalty of up to 90 days in jail and a fine of $500. Theft of $100 to $1,500 is also considered a misdemeanor and carries a penalty of up to six months in jail and a fine of $500.

Theft of an amount ranging from $1,500 to $25,000 is considered a felony, which might lead to a prison term of up to five years and a fine of $10,000. Similarly, theft of an amount ranging from $25,000 to $100,000 is also considered a felony, which might lead to a prison term of up to ten years and a fine of $15,000. Theft of an amount over $100,000 is considered a felony and can result in a prison term of up to twenty years and a fine of $25,000.

How is Burglary Defined in Maryland?

Burglary in Maryland comes in four varying degrees that all share one common element: a trespass onto the property of another. Where a person specifically trespasses and when they intend to do so makes up the differences in the varying degrees of burglary in Maryland. Burglary is generally viewed as a property crime; however, several forms of burglary in Maryland are considered “crimes of violence.”

First-Degree Burglary

If someone unlawfully enters a home with the intention of committing theft, it’s considered a first-degree burglary, which is a felony and can result in up to 20 years of jail time. To prove first-degree burglary, the prosecution must show that the defendant broke into a dwelling with the intent to steal and was the person who committed the act.

If the State can prove that the breaking and entering was done with the intent to commit a violent crime, they can charge the offender with home invasion, which carries a maximum sentence of twenty-five years.

Second-Degree Burglary

Burglary is a serious criminal offense that can lead to imprisonment. The key differences between first-degree and second-degree burglary are the location of the breaking and the intent of the person entering the building or storehouse.

To prove second-degree burglary, the prosecution must demonstrate that the defendant broke into someone else’s building or dwelling with the intention of committing theft, a crime of violence, or second-degree arson. Additionally, they must prove that the defendant was the person who broke and entered.

If a person enters a store with the intent to steal a firearm, the maximum penalty increases to twenty years imprisonment. It’s important to remember that Second Degree Burglary carries a maximum penalty of fifteen years imprisonment.

Third-Degree Burglary

Burglary in the third degree is a felony that carries a maximum prison sentence of 10 years. It is similar to first-degree burglary but with one key difference: the perpetrator’s intention upon entering the dwelling. For third-degree burglary, the prosecution can argue that the person intended to commit “any crime,” which encompasses more than just theft.

Fourth-Degree Burglary

Fourth-degree burglary is a misdemeanor that carries a maximum sentence of three years. It involves breaking and entering a dwelling, storehouse, or property of another without consent.

How is Robbery Defined in Maryland?

Robbery is a heinous crime that involves taking someone’s property through the use or threat of force. In Maryland, robbery is considered a felony and carries with it a maximum sentence of fifteen years in prison. It is classified as a violent crime for the purposes of Maryland sentencing and parole.

To prove a robbery, the State of Maryland needs to demonstrate three things: first, that the defendant took the property from the victim. Second, that the defendant used force or threat of force to take the property; lastly, it must be shown that the defendant intended to deprive the victim of their property.

What is Robbery with a Deadly Weapon in Maryland?

If someone commits robbery while using a weapon, the State has the option to seek charges of armed robbery or robbery with a dangerous weapon. Both armed robbery and robbery with a dangerous weapon are considered felonies and carry a maximum penalty of twenty years.

In order to prove robbery with a deadly weapon, the State must demonstrate all of the previously mentioned elements of robbery and also prove that the defendant committed robbery by using a dangerous weapon.

A “dangerous weapon” is defined as an object that can cause death or serious bodily harm. This definition allows the State to argue that seemingly harmless weapons, such as a large rock or even a pair of scissors, can be considered “deadly.” This offense is most commonly charged when a person uses a gun or a knife during a robbery.

Our Maryland Theft Defense Attorneys Can Help Defend Your Case

For a free case review with our Ocean City, MD theft defense attorneys, call Rice, Murtha & Psoras at (410) 694-7291.