Maryland Theft Lawyer

A theft charge can put your job, your housing, and your future at risk. Talking to the right Maryland theft lawyer in the first hours after an arrest can be the difference between a clean record and a felony conviction. The dollar amount on the receipt or the police report decides whether you face a 90-day misdemeanor or a 20-year felony.

The Law Office of Robert R. Castro has defended theft cases in this state since 1993. We represent people charged in Charles County, Calvert County, St. Mary’s County, Prince George’s County, Anne Arundel County, and Washington, DC. Call us at (301) 870-1200 for a free consultation.

How Maryland Defines Theft

The general theft statute, Criminal Law § 7-104, covers more than just taking something off a shelf. It also covers control over property by deception, possessing stolen property, keeping property delivered to you by mistake, and using services without paying. The same statute applies whether the case is felony shoplifting or a $50 returned-item dispute.

The State must prove three things at trial. You took or controlled the property. You meant to deprive the owner of it. You did so knowingly or willfully. If any one of those elements is missing, the case is in trouble for the prosecution.

Theft Charges We Handle

We defend clients across the full range of theft offenses, including:

• Shoplifting and retail theft
• Felony theft of $1,500 or more
• Theft by deception and check fraud
• Possession of stolen property
• Identity theft
• Motor vehicle theft and unauthorized use
• Credit card theft and fraud
• Embezzlement and theft from an employer
• Theft of services
• Extortion and blackmail
• Burglary charges that include a theft count

Each charge has its own statute and its own defense angles. A motor vehicle theft case under § 7-105 is built differently than a shoplifting case under § 7-104. A skilled defense attorney knows the difference and uses it.

Maryland Theft Penalties by Value

The grade of the offense and the penalty turn on the value of what was taken. The current tiers under Criminal Law § 7-104 are:

• Under $100: misdemeanor; up to 90 days in jail and a $500 fine
• $100 to under $1,500: misdemeanor; up to 6 months in jail for a first conviction, up to 1 year for a second or later conviction, and a $500 fine
• $1,500 to under $25,000: felony; up to 5 years in prison and a $10,000 fine
• $25,000 to under $100,000: felony; up to 10 years in prison and a $15,000 fine
• $100,000 or more: felony; up to 20 years in prison and a $25,000 fine

Repeat offenders can face stiffer terms. A person with four or more prior theft convictions can be charged with a misdemeanor that carries up to 5 years in prison, even if the new case involves property worth less than $1,500. The State must give written notice before trial to seek that enhanced penalty.

The court can also order restitution. That means paying the alleged victim the value of the property in addition to any fine or jail time.

The Hidden Costs of a Theft Conviction

The sentence is not the whole story. A theft conviction often shows up on background checks for jobs, apartments, schools, and professional licenses. Many employers treat any theft on a record as a deal-breaker. Landlords often do the same.

If you hold a security clearance, a CDL, a nursing license, a bar card, or any state-issued credential, the conviction can put it at risk. Non-citizens may face immigration consequences, including detention or removal, even for a misdemeanor. A defense lawyer can flag these risks early and factor them into the defense strategy.

Defenses That Can Win Theft Cases

No two theft cases are alike. We have used each of the defenses below in real cases:

• Lack of intent to deprive the owner permanently
• Mistaken identity or wrong-person identification
• A good-faith claim of right to the property
• Consent or shared ownership of the property
• Improper store stop or unlawful detention
• Surveillance footage that does not show the alleged act
• Chain-of-custody problems with the recovered items
• Constitutional violations during the search or arrest

Even when the facts look bad, the case can often be resolved short of a conviction. First-time offenders may qualify for a probation before judgment (PBJ), pre-trial diversion, or a community service plea. A PBJ is not a conviction in this state, which protects your record.

What to Do After You Are Charged

The first hours and days matter. Three rules apply to almost every case.

Do not talk to police or loss prevention without a lawyer. Anything you say at the scene, at the station, or in the parking lot can be used against you. The right to remain silent is real, and you should use it.

Do not post about the case on social media. Prosecutors search public profiles. A casual post can become a state’s exhibit.

Show up for every court date. A failure to appear leads to a bench warrant and new charges that can stay on your record even if the original case is dropped.

Why Castro Law Group

Robert R. Castro founded the firm in 1993. The firm now includes more than 20 attorneys and support staff who handle criminal defense, personal injury, and family law across Southern Maryland and DC.

We offer free consultations 7 days a week and we answer the phone after hours. Spanish-speaking staff are available. We accept payment plans for most criminal defense matters.

Frequently Asked Questions

Can theft charges be dropped before trial?

Yes. Only the prosecutor can drop the charge, but defense counsel can push for that outcome by showing weak evidence, intent problems, or constitutional issues. We also negotiate dismissals as part of plea deals, community service plans, and pre-trial diversion in the right cases.

Is it still theft if I never left the store?

It can be. The State only needs to show intent to deprive the owner. Concealing an item, swapping a price tag, or moving merchandise past the last point of sale may be enough, even if you were stopped before the exit.

What is the penalty for first-time shoplifting?

Under $100, the maximum is 90 days in jail and a $500 fine. From $100 to under $1,500, a first offense carries up to 6 months in jail and a $500 fine. Many first-time cases resolve with PBJ, community service, or a diversion plan rather than jail.

Can a theft conviction be expunged?

Yes, in many cases. Under Criminal Procedure § 10-110, most misdemeanor theft convictions are eligible for expungement 5 years after the sentence is complete. A felony theft conviction under § 7-104 is eligible for expungement 10 years after the sentence is complete. A new conviction during the waiting period can reset the clock.

Do you handle theft cases in Charles County and Prince George’s County?

Yes. We appear in District Court and Circuit Court in Charles County, Calvert County, St. Mary’s County, Prince George’s County, and Anne Arundel County, plus Washington, DC. Our Waldorf office is at 11701 Central Avenue, Suite 200.

Do you take phone calls after hours or on weekends?

Yes. Our free consultation line answers 7 days a week. If you have been arrested at night or over the weekend, call (301) 870-1200 and we will get back to you the same day in most cases.

How much does a Maryland theft lawyer cost?

The fee depends on the charge, the court, and how the case is likely to be resolved. We offer free initial consultations, flat-fee structures for most misdemeanor cases, and payment plans for clients who need them. Call (301) 870-1200 for a quote on your case.

Talk to a Maryland Theft Lawyer Today

A theft charge does not have to define your future. The earlier you bring a lawyer in, the more options you have. Call The Law Office of Robert R. Castro at (301) 870-1200 for a free, confidential consultation. We answer 7 days a week.