Theft occurs when someone willfully or knowingly obtains unauthorized control over someone else’s property, provided the intention is to deprive the owner of said property. Theft may include taking an item without the owner’s consent, not paying for services rendered (including acts like paying for goods with a forged check), or even using deception to exert control over property.

Misdemeanor vs. Felony Theft Charges

Maryland law allows theft to be charged as either a misdemeanor or a felony. What separates the two is usually the value of the property (or services) that were allegedly stolen. To put it simply, the more valuable the thing that is stolen, the harsher the criminal charge faced by the alleged thief.

The lowest degree of theft is a misdemeanor offense where the value of the stolen property is less than $100. The maximum penalty for such an offense is 90 days in jail and a $500 fine.

If the stolen property was valued at more than $100 but less than $1,500, it is still considered a misdemeanor under Maryland law, but there are slightly higher penalties. A first conviction of the higher misdemeanor charge carries a maximum prison term of six months in addition to a $500 fine. But if the defendant has a prior misdemeanor theft conviction, the possible prison term is doubled to one year.

Once the value of the theft exceeds $1,500, we are now in felony territory. Here, too, there are different degrees of felony with escalating sentences:

• If the stolen property is worth at least $1,500 but less than $25,000, a felony conviction carries a maximum sentence of five years in prison and a $10,000 fine.
• If the stolen property is worth at least $25,000 but less than $100,000, a felony conviction carries a maximum sentence of 10 years in prison and a $15,000 fine.
• If the stolen property is worth at least $100,000, a felony conviction carries a maximum sentence of 20 years in prison and a $25,000 fine.

For all felony or misdemeanor theft convictions, a convicted defendant is also required to restore the stolen property to its rightful owner, or in the alternative repay the owner for the market value of the property. Additionally, in shoplifting cases the merchant may sue the offender for damages, not only to recover the costs of the stolen merchandise but also any other “actual damages” incurred. And if the shoplifter was a minor–i.e., a person under the age of 18–their parent or legal guardian can also be held civilly liable for these damages. Note that even if a shoplifted item is promptly returned to the merchant, that alone does not prevent the state from initiating a separate prosecution for theft.

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This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 870-1200.