How is Theft Defined in MD?

Theft involves the intentional use, concealment, or abandonment of someone else’s property without their consent. This means that if you took or used something that doesn’t belong to you or you hid it, you have committed theft.

In Maryland, you can be charged with theft even if you received the stolen property and didn’t take it yourself. Ignorance about the property’s origins wouldn’t protect you from legal consequences if you were found to be in possession of it. If you received stolen property that you did not take, authorities will investigate how you obtained it. This information could lead to the arrest and conviction of the person who stole the property, but it does not necessarily mean you will be off the hook.

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

What is Considered Theft in Maryland?

In Maryland, theft is defined as having unauthorized control over someone else’s property. This means that you are committing a crime if you knowingly or willingly take control of someone’s property without their permission. If you obtain control of someone’s property using deception, it is also considered theft and could result in criminal charges.

Possessing stolen property is also considered theft. If you know or suspect that the property has been stolen, you should not be in possession of it. Even if you did not participate in the theft, having stolen property in your possession makes you complicit.

Taking possession of property that has been lost or delivered to you by mistake is also considered theft. If you know the identity of the owner and fail to take reasonable measures to return the property, you are also committing theft.

Obtaining services through deception without the intention of paying for them is also considered theft. If you knowingly obtain services that require payment without the intention of compensating the provider, you are committing theft.

If you take control of someone else’s property without their permission or have possession of stolen property, you will be guilty of theft if you intend to keep the owner from having their property, conceal, use, or abandon it in a way that deprives the owner of its benefits or use. You will also be considered to have unauthorized control if you abandon, conceal, or use the property with the knowledge that such actions will likely result in the owner losing ownership of their property.

What are the Penalties for Theft in Maryland?

The severity of the penalty for theft in Maryland is based on the value of the stolen property or services. Our Baltimore theft defense attorneys can determine the value of the property you stole and prepare the best defenses. If the value of the stolen item is over $1,500, it is deemed grand larceny and considered a felony offense. To prove felony theft, the state must show that you intended to permanently deprive the owner of their property without their consent.

If the value of the stolen property is less than $100, it is considered a misdemeanor, and the maximum penalty is a fine of $500, or a 90-day jail sentence, or both. If the value of the stolen property is more than $100 but less than $1,500, it is still considered a misdemeanor and carries a maximum penalty of a $500 fine, a 6-month jail sentence, or both.

If the value of the stolen property is more than $1,500 but less than $10,000, it is now considered a felony theft and carries a maximum penalty of a $10,000 fine, or up to 5 years in prison, or both. If the value of the stolen property is more than $25,000 but less than $100,000, it is still considered a felony theft and carries a maximum penalty of a $15,000 fine, or a 10-year prison sentence, or both.

If the value of the stolen property is no less than $100,000, the maximum penalty is a $25,000 fine, a 20-year prison sentence, or both. Apart from the fines and possible jail sentences, individuals convicted of felony theft must also compensate the owner by returning the stolen property or paying the owner the value of the stolen property or services.

Can Misdemeanor Theft Charges Be Increased to Felony Charges in Maryland?

In Maryland, theft can be charged as a continuing course of conduct, which means that penalties can be applied for repeated offenses over a period of time. Even if the individual thefts were of small value and would be classified as misdemeanor theft on their own, they can be grouped together and charged as a grand theft felony.

For example, stealing property or services worth $500 one time would not result in felony theft charges. However, if the individual repeatedly stole items worth $500 over the course of several weeks or months, they could be charged with felony theft under the theft scheme.

How Long Does the State Have to Prosecute a Theft Crime in Maryland?

In Maryland, theft crimes must be prosecuted within a specific timeframe. For instance, if you are accused of stealing goods or services that are valued between $100 and $1,500, the prosecuting attorney has two years from the time the crime was committed to bring criminal charges against you. This is in contrast to other misdemeanors, where the law in Maryland requires that charges be brought within a year of the crime being committed.

How a Maryland Theft Defense Attorney Can Help

If someone is facing criminal charges in Maryland, it is crucial to seek the guidance of an experienced attorney. A knowledgeable attorney can help identify potential defenses and assess whether the individual can negotiate a favorable plea bargain. This can lead to the reduction of a felony charge to a misdemeanor, resulting in a potentially shorter jail sentence.

It is essential to review the Statement of Charges, which outlines the allegations against the client. It is important to keep in mind that the State has the burden of proof. While a person can be charged based on probable cause, the lowest burden of proof, the State must prove every element of the offense beyond a reasonable doubt to secure a conviction.

When facing felony theft charges in Maryland, it is critical to consult a skilled attorney who can carefully analyze the evidence and your case. A competent lawyer will understand every element of the case and review the evidence that the State is planning to use. It is essential to have legal representation that is familiar with the local policies for felony theft in Maryland.

Our Maryland Theft Defense Attorneys Are Ready to Defend You

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