Maryland Theft Charges: Building a Defense From the Facts
Defense of Misdemeanor and Felony Theft Charges Under Maryland Law
Maryland theft law covers more than simply taking property that belongs to someone else. Theft allegations may involve unauthorized control over property, obtaining property by deception, possession of stolen property, theft of services, or other conduct prohibited by Maryland's consolidated theft statutes.
Whether a theft offense is treated as a misdemeanor or felony can depend on the value of the property or services involved and the particular circumstances of the alleged offense. In some cases, the State may also attempt to aggregate multiple acts of theft as part of a continuing course of conduct or scheme.
A theft defense begins with the facts and the State's evidence. The prosecution may need to establish who exercised control over the property, whether the defendant knew the property was stolen or unauthorized, what the defendant intended, the value of the property, and whether the evidence actually connects the defendant to the alleged theft.
Evidence may include surveillance video, financial or business records, receipts, text messages, electronic communications, witness statements, photographs, location data, or other digital evidence. Each piece of evidence should be examined in the context of what the State must prove beyond a reasonable doubt.
Challenging the Evidence in a Maryland Theft Case
A theft defense begins with a clear understanding of what the State can prove and what it cannot. The defense should identify the specific type of theft alleged, the property or services involved, who allegedly exercised control over the property, and the evidence the State relies upon to establish knowledge and intent.
Intent can be a significant issue, but the required analysis depends on the particular theft theory alleged. Evidence of permission, consent, a good-faith belief concerning ownership or authority, or the circumstances under which property was obtained or retained may affect whether the State can prove the required criminal intent.
The value of the property can also be critical because it may affect the grade of the offense and potential penalties. Receipts, purchase price, condition, market value, business records, appraisals, and other evidence used to establish value should be examined rather than simply accepting the amount alleged in the charging document.
The defense should also test the reliability of the evidence identifying the defendant and connecting that person to the alleged theft. Surveillance video, witness identifications, financial records, electronic communications, location information, and statements attributed to the defendant may raise evidentiary or constitutional issues.
When statements were obtained during police questioning, property was recovered through a search or seizure, or digital evidence was obtained through a warrant, the defense should also examine whether the evidence was lawfully obtained and whether it is admissible at trial.
The goal is not simply to negotiate a lesser charge. The first question is whether the State can prove the theft offense charged beyond a reasonable doubt. If the evidence does not support the charge, that weakness should drive the defense strategy.
Clients charged with theft often need clarity about the legal process and the potential outcomes before deciding how to proceed.
Common Questions About Theft Charges in Maryland
In Maryland, whether theft is generally classified as a misdemeanor or felony depends largely on the value of the property or services involved. Theft involving property or services valued at less than $1,500 is generally a misdemeanor, while theft valued at $1,500 or more is generally a felony.
The value matters beyond the label of the offense because Maryland provides increasing maximum penalties at higher value levels. The State's valuation should not simply be assumed to be correct; how the property is valued can become an important issue in the defense
What is the difference between misdemeanor and felony theft in Maryland?
Yes. An intention to return property does not automatically prevent a Maryland theft charge. Whether theft occurred depends on the circumstances and whether the State can prove the knowledge and intent required by the particular theft theory alleged.
Maryland's definition of “deprive” is broader than permanently keeping property. The defense should examine why the property was taken or retained, how long it was withheld, whether the defendant believed they had authority or a right to possess it, and what evidence exists concerning the defendant's intent.
Can I be charged with theft if I intended to return the property?
The value of the property can determine the grade of a Maryland theft offense and the potential penalties. For that reason, the amount alleged by a complainant or listed in charging documents should not automatically be treated as established.
Maryland generally looks to the property's market value at the time and place of the alleged offense. Receipts, condition, age, comparable sales, business records, expert testimony, or other evidence may become relevant when value is disputed.
Why does the value of property matter in a Maryland theft case?
Maryland theft penalties depend primarily on the value of the property or services involved. Theft under $1,500 is generally a misdemeanor, while theft of $1,500 or more is generally a felony.
Felony theft carries increasing maximum penalties as the value increases—from up to five years for theft valued between $1,500 and $25,000, up to ten years for $25,000 to under $100,000, and up to twenty years when the value is $100,000 or more. Restitution may also be ordered.
The maximum statutory penalty does not determine the sentence in every case. The circumstances of the offense, criminal history, disputed valuation, restitution, mitigation, and other sentencing considerations can affect the ultimate disposition
What are the penalties for a theft conviction in Maryland?
A good-faith belief that a person had a right to obtain or control the property can be important in a Maryland theft case. Theft requires more than a dispute over ownership, possession, or money; the State must prove the knowledge and intent required by the particular theft offense charged.
Maryland law specifically recognizes defenses involving a good-faith claim of right and an honest belief that the defendant had the right to obtain or exercise control over the property. The circumstances surrounding ownership, permission, agreements between the parties, and prior use or possession may therefore be critical.
What if I believed I had a right to the property?
This office represents clients throughout Anne Arundel County and surrounding areas in theft cases, and each case is handled with attention to the specific facts and the client's long-term interests. Contact this office to discuss your case.