All defenses in criminal cases are based on the presumption of innocence. The presumption of innocence is strong in Maryland. It is more like a presumption of false accusations. So, the state must do two things to overcome this presumption. First, prosecutors must prove the charges are valid. Second, they must prove those charges are true. And, they must prove the truth of the allegations beyond any reasonable doubt.

The combination of the presumption of innocence and the high burden of proof presents many opportunities for a Southern Maryland criminal defense lawyer from the Law Office of Robert R. Castro to successfully resolve theft cases. Theft is a crime involving moral turpitude that has severe direct and collateral consequences. An effective defense is the best way, and usually the only way, to lessen or avoid these harsh consequences.

Understanding Theft Laws in Maryland

Under the Maryland Criminal Law Code §7-104, theft is knowingly and willfully obtaining or exerting unauthorized control over someone else’s property with the intent to deprive the owner of that property. Note that maliciousness is not an element of theft in Maryland. Basically, “knowingly and willfully” means “not accidentally.”

Maryland law consolidates several offenses under this general category of theft, including:

• Shoplifting,
• Theft by deception,
• Theft by unauthorized control, and
• Possession of stolen property.

Penalties vary depending on the value of the property. For example, theft of property valued under $100 is typically a misdemeanor, while higher-value thefts may result in felony charges and more severe penalties.

Common Theft Defenses in Maryland

After an initial consultation, a skilled Charles County criminal defense attorney evaluates the evidence and determines which defense strategy applies. Below are some of the most common theft defenses in Maryland.

Lack of Intent

Although the mens rea (criminal state of mind) requirement is low in theft cases, intent is still a key element in any theft case. The prosecution must prove that you intended to deprive the owner of their property. 

We mentioned accidental theft (taking something you thought was yours) above. For example, Nancy may misread her rental agreement and return a U-Haul truck late.

Erroneous belief theft (claim of right) is an even more common defense. For example, Bill may take Ted’s car because he believes he has permission to use it. If Bill’s belief is reasonable, he may have a legal defense. More on that below.

Shoplifting is an even more common example. Mistakenly leaving a store without paying for an item may not constitute theft if there was no intent to steal. If Tom pays for everything in his shopping cart except one item, intent is difficult to prove.

Consent of the Owner

If the property owner gave you permission to use or borrow the property, the prosecution may not be able to prove unauthorized control. Text messages, emails, or witness testimony can help establish consent.

Furthermore, consent is usually effective until withdrawn. Let’s go back to Bill and Ted. If Ted lets Bill use the car once, it’s reasonable for Ted to assume he still has permission to use it, at least in most cases.

Insufficient Evidence

The burden of proof lies with the prosecution. If the evidence is weak, inconsistent, or improperly obtained, your attorney may suppress evidence or move to dismiss the charges.

Additionally, theft charges usually require the owner’s testimony. If the owner is unavailable or unwilling to cooperate, the case may fall apart like a house of cards.

In some Maryland jurisdictions, first-time offenders may qualify for diversion programs or probation before judgment (PBJ). These alternatives avoid a permanent criminal record if you successfully complete the program.

Count On a Tough-Minded Calvert County Lawyer

There’s a big difference between an arrest and a conviction. For a confidential consultation with an experienced criminal defense lawyer in Prince George’s County, Maryland, contact the Law Office of Robert R. Castro, 2670 Crain Highway #411, Waldorf, MD 20601. You can call us at (301) 870-1200 or go online.

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