Theft charges in Maryland range from minor misdemeanors to serious felonies depending on the value of the property involved. If you are facing theft charges, understanding the potential penalties and defense options is critical to protecting your future.
At SoMD Criminal Defense, we have represented hundreds of clients facing property crime charges across Charles County, Calvert County, St. Mary’s County, and Prince George’s County. Here is what you need to know about theft penalties in Maryland.
How Maryland Defines Theft
Under Maryland Criminal Law § 7-104, theft encompasses a broad range of conduct. It includes taking property that belongs to someone else with the intent to permanently deprive them of it, obtaining property through deception or fraud, obtaining control over property knowing it was stolen, and shoplifting. Maryland consolidated several formerly separate offenses, including larceny, embezzlement, false pretenses, and shoplifting, into the single crime of theft.
Theft Penalties in Maryland by Dollar Amount
Maryland’s theft penalties are organized by the value of the property stolen. The higher the value, the more severe the potential punishment.
| Value of Property | Classification | Max Jail/Prison | Max Fine |
|---|---|---|---|
| Less than $100 | Misdemeanor | 90 days | $500 |
| $100 to $1,499 | Misdemeanor | 6 months | $500 |
| $1,500 to $24,999 | Felony | 5 years | $10,000 |
| $25,000 to $99,999 | Felony | 10 years | $15,000 |
| $100,000 or more | Felony | 20 years | $25,000 |
It is important to note that these are maximum penalties. The actual sentence depends on factors including your criminal history, the circumstances of the offense, and whether you have an experienced attorney advocating on your behalf.
Shoplifting Charges in Maryland
Shoplifting falls under Maryland’s general theft statute. The penalties depend on the value of the merchandise taken, following the same thresholds listed above. For first-time offenders accused of shoplifting low-value items, alternatives to conviction such as Probation Before Judgment are often available.
Retailers in Southern Maryland, particularly in Waldorf and Lexington Park, aggressively pursue shoplifting charges. Even for relatively minor amounts, a theft conviction can create a permanent criminal record that affects employment and housing opportunities.
If you or a loved one is facing theft charges in Southern Maryland, do not wait to get legal help. Contact SoMD Criminal Defense at (301) 818-0389 for a free consultation. We will review your case and walk you through your options.
Common Defenses to Theft Charges in Maryland
Several defenses may apply to theft charges depending on the circumstances of your case. These include lack of intent to permanently deprive (you planned to return the item or believed you had a right to it), mistaken identity, consent or authorization from the owner, challenging the valuation of the property (which can mean the difference between a misdemeanor and felony charge), and constitutional violations in how evidence was obtained.
As former prosecutors, we understand how the State builds theft cases and where the weaknesses often lie. In our years of practice in Charles County, Calvert County, and St. Mary’s County courts, we have successfully challenged theft charges at every level.
Alternatives to Conviction for Theft in Maryland
For many theft cases, especially first offenses, there are alternatives to a conviction that can protect your record. Probation Before Judgment allows you to avoid a formal conviction, a stet places the case on inactive status, and in some cases the prosecutor may agree to drop the charges in exchange for restitution and community service. Learn more about post-conviction options in Maryland.
Facing Theft Charges in Southern Maryland?
The attorneys at SoMD Criminal Defense have over a decade of experience defending clients against property crime charges in Charles County, Calvert County, St. Mary’s County, and Prince George’s County courts.
Every case is different. Let us review the specifics of your situation.
Call us today at (301) 818-0389 or contact us online to schedule your free consultation.
This article provides general information about theft laws in Maryland and is not legal advice specific to your situation. Contact an attorney to discuss the details of your case.
FAQ: Theft Charges in Maryland
At what amount does theft become a felony in Maryland?
In Maryland, theft becomes a felony when the value of the stolen property is $1,500 or more. Felony theft carries a maximum penalty of 5 years in prison and a $10,000 fine for property valued between $1,500 and $24,999, with higher penalties for greater amounts.
Can a theft charge be expunged in Maryland?
Whether a theft charge can be expunged depends on the outcome of the case. If you received a Probation Before Judgment, the charge may be eligible for expungement. If the charges were dismissed or you were found not guilty, expungement is also available. A theft conviction is generally more difficult to expunge, but recent changes to Maryland law have expanded eligibility.
What is the difference between theft and robbery in Maryland?
Theft involves taking someone’s property without their consent. Robbery involves taking property directly from a person using force or the threat of force. Robbery is always a felony in Maryland and carries significantly harsher penalties than theft. If you are facing robbery charges in Southern Maryland, contact SoMD Criminal Defense at (301) 818-0389 immediately.
Types of Theft Beyond Shoplifting
Maryland’s theft statute covers a broader range of conduct than many people realize. In addition to shoplifting, the statute encompasses embezzlement (misappropriation of property by someone in a position of trust), obtaining property by fraud or deception, theft of services (such as skipping out on a restaurant bill or hotel charges), receiving stolen property (possessing property you know or should know was stolen), and unauthorized use of a motor vehicle. Each of these forms of theft carries the same penalty structure based on the value of the property involved, making the dollar amount the critical factor in determining the severity of the charge.
How Theft Charges Affect Your Future
A theft conviction in Maryland creates a criminal record that can have lasting consequences far beyond the sentence itself. Employers routinely conduct background checks, and theft convictions are particularly damaging because they involve dishonesty — a trait that concerns employers across virtually every industry. For government employees and military personnel in Southern Maryland, a theft conviction can jeopardize security clearances. Professional licensing boards may deny or revoke licenses based on theft convictions. And a felony theft conviction triggers loss of firearm rights, voting rights during incarceration, and other civil disabilities.
This is why pursuing a disposition that avoids a conviction on your record — such as probation before judgment, a stet, or participation in a diversion program — is often the most important goal in a theft case. Even when a conviction cannot be avoided, negotiating the charge down to a lower threshold amount can reduce the severity from a felony to a misdemeanor, which carries significantly less long-term impact.
Frequently Asked Questions
Is shoplifting a felony in Maryland?
Whether shoplifting is a felony or misdemeanor depends on the value of the merchandise. If the value is under $1,500, shoplifting is a misdemeanor. If the value is $1,500 or more, it is a felony. Organized retail theft involving multiple items over multiple occasions may be aggregated to reach the felony threshold.
Can I get probation before judgment for theft?
Yes. PBJ is available for theft charges and is one of the most common favorable dispositions in theft cases. PBJ avoids a conviction on your record while requiring you to complete a period of probation. Whether a judge grants PBJ depends on your criminal history, the circumstances of the offense, and the quality of your legal representation.
What is the difference between theft and robbery in Maryland?
Theft involves taking someone’s property without their consent. Robbery involves taking property through force, threat of force, or intimidation. Robbery is prosecuted under separate statutes and carries much harsher penalties — up to 15 years for robbery and up to 20 years for armed robbery. If force or threats were involved, you may face robbery charges rather than theft charges.
Another important consideration in Maryland theft cases is the retailer civil demand letter. If you are accused of shoplifting, the retailer may send you a civil demand letter seeking monetary damages, typically $150 or more. This is separate from the criminal case and does not require you to have been convicted. Many people pay these demands out of fear, but you are not legally obligated to do so, and paying the demand does not resolve the criminal case. Consult with an attorney before responding to any civil demand letter related to a theft allegation.For more information about how Maryland’s shopkeeper detention laws work, see our guide on shopkeeper’s privilege in Maryland. The detention of a suspected shoplifter must meet specific legal requirements, and violations of these requirements can form the basis of a defense to the theft charge.
>