What You Should Know About Theft Defenses in Maryland

A theft charge can change a person’s life. It can lead to jail time. It can leave a permanent record. It can also hurt future job, housing, and immigration chances. But the charge alone is not a conviction. The state’s strong presumption of innocence and high burden of proof give good defense lawyers real room to fight back. Strong theft defenses in Maryland can lessen the harm, reduce the charge, or end the case.

The criminal defense lawyers at Castro Law Group help people facing theft charges across the state. We review the evidence. We look for weak spots in the case. We build the right defense for the facts. Call (301) 870-1200 for a free consult.

How Maryland defines theft

Under Md. Code, Criminal Law § 7-104, theft is willfully or knowingly taking or controlling someone else’s property with the intent to deprive the owner of it. The state must prove every element beyond a reasonable doubt. Maryland law does not require any malicious intent—just willful or knowing action that deprives the owner. In plain terms, “knowingly and willfully” means “not by accident.”

Maryland law combines several offenses under the general theft offenses category:

• Shoplifting
• Theft by deception
• Theft by unauthorized control
• Possession of stolen property

All of these are charged as theft offenses under the same statute, with the same penalty tiers based on value.

Maryland theft penalty tiers

Penalties depend on the value of the property or services taken. The misdemeanor-to-felony line in Maryland is $1,500, not $100. Theft under $1,500 is a misdemeanor; theft of $1,500 or more is a felony. The full breakdown:

• Less than $100: Misdemeanor. Up to 90 days in jail and a $500 fine.
• $100 to $1,499: Misdemeanor. Up to 6 months for a first conviction (1 year for a repeat) and a $500 fine.
• $1,500 to $24,999: Felony. Up to 5 years in prison and a $10,000 fine.
• $25,000 to $99,999: 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.

A conviction at any level also requires restitution to the owner. A separate enhancement applies to defendants with four or more prior theft convictions under the same subtitle—see § 7-104(g)(4). The State’s Attorney must give written notice before seeking that enhancement.

Recent changes also let prosecutors combine smaller thefts into a single felony charge under the organized retail crime law that took effect October 1, 2025. That makes a strong early defense even more important.

Common theft defenses

After an initial case review, a defense lawyer figures out which strategy fits the facts. Below are the most common defenses.

Lack of intent

Intent is a core element of any theft case. The state must prove the defendant meant to deprive the owner of the property. If there was no intent, there is no theft.

A few real-world examples:

• Accidental taking. Nancy misreads her rental contract and returns a U-Haul truck a day late. She did not intend to keep it.
• Honest mistake about what is yours. Tom walks out of a store with one item still in his cart that he forgot to scan. He paid for everything else. That weak intent picture can defeat the charge.
• Mistaken belief in ownership. A roommate takes a jacket from a shared closet, honestly thinking it is theirs. The state has to prove they knew it was not.

Claim of right

Maryland recognizes a claim of right defense if the person had an honest, good-faith belief that they had a right to the property. The belief must be reasonable, not just convenient. For example, if Bill takes Ted’s car because Ted regularly lets him borrow it, the prior pattern of consent can support a claim of right defense.

Consent of the owner

If the owner gave permission, there is no unauthorized control. Text messages, emails, video, or witness testimony can all help prove consent. Consent generally stays in place until the owner clearly takes it back.

Insufficient evidence

The burden of proof rests on the state. A skilled lawyer looks for:

• Weak or inconsistent evidence. Gaps in surveillance video, conflicting witness statements, or unclear identification.
• Illegally obtained evidence. Searches without a warrant or probable cause, statements taken without Miranda warnings, or stops that violated the Fourth Amendment.
• Missing witnesses. Many theft cases turn on the owner’s testimony. If the owner does not appear, the case can collapse.

A motion to suppress evidence or a motion to dismiss can end the case before trial.

Diversion programs and Probation Before Judgment

In some jurisdictions, first-time offenders may qualify for a pretrial diversion program or for Probation Before Judgment (PBJ). A PBJ avoids a conviction on the record if the person completes the terms set by the court. Later, an expungement may also be available. These outcomes can preserve a clean record and protect future opportunities.

When to call a lawyer

Some moments in a theft case are inflection points. Getting representation before any of these happens often makes the biggest difference:

• An arraignment is scheduled or already on the calendar.
• The state has offered a plea deal before a lawyer has reviewed the evidence.
• There are prior theft convictions on the record (the § 7-104(g)(4) enhancement can turn a routine misdemeanor into a 5-year sentence exposure).
• Store security or loss prevention took a written statement at the scene.
• The charge could affect immigration status, professional licensing, employment, or a security clearance.
• The case involves multiple incidents that could be aggregated under the organized retail crime law.

Any one of these is a reason to stop talking to investigators and call a defense lawyer right away.

Frequently Asked Questions

Is shoplifting a felony?

Not always. Shoplifting is charged as theft under § 7-104. It is a misdemeanor if the value of the goods is under $1,500. It becomes a felony at $1,500 or more.

Can a theft charge be dropped or dismissed?

Yes. A theft charge can be dropped if the state cannot prove an essential element (such as intent), if the evidence was illegally obtained, or if the owner does not cooperate. A defense lawyer can file motions to suppress evidence or dismiss the case before trial.

Does a PBJ for theft show up on a background check?

A PBJ is not a conviction, but the arrest and charge can still appear on records until expunged. State law allows expungement of a PBJ generally 3 years after PBJ entry or the end of probation, whichever is later. A defense lawyer can explain the steps and timing.

What is the difference between theft and shoplifting in Maryland?

Legally, none. Shoplifting is charged as theft under § 7-104. There is no separate “shoplifting” statute. The same penalty tiers apply, based on the value of the goods. So a $50 shoplifting charge is a misdemeanor with up to 90 days in jail; a $2,000 shoplifting charge from a single store is a felony with up to 5 years in prison. The new organized retail crime law lets prosecutors combine multiple smaller shoplifting incidents (across stores or even across counties) within a 90-day period into a single felony charge if the total exceeds $1,500.

Talk to a Maryland theft defense lawyer today

There is a real difference between a charge and a conviction. The right defense can keep a record clean, reduce charges, or end the case. For a confidential consultation, call Castro Law Group at (301) 870-1200 or contact us online. Our office is at 11701 Central Avenue, Suite 200, Waldorf, MD 20601. We have served Maryland and Washington, DC since 1993.