Theft is a criminal offense, and Maryland has specific laws to deal with it. It is essential to understand certain aspects to avoid facing legal consequences from key resources like a criminal defense lawyer. Today, let’s discuss three main things that you must know.
Aspect #1: The Definition
Maryland law defines theft as taking, obtaining, or exerting control over another person’s property to deprive one of the property permanently or temporarily. Theft can be committed in various forms, such as larceny, embezzlement, and pretenses.
- Robbery involves taking someone’s property without their permission, intending to keep it permanently. For example, if someone takes your car without your permission, it is considered theft.
- Embezzlement occurs when someone entrusted with someone else’s property, such as an employee, converts that property for use. For example, it is considered embezzlement if an employee takes money from their employer’s cash register.
- Pretenses occur when someone obtains property from another person by intentionally deceiving them. For example, if someone sells you a product that they know is defective, it is considered pretense.
Aspect #2: The Degrees
In Maryland, theft is classified differently based on the property’s value. There are five degrees of theft a criminal defense lawyer could charge a suspect with:
- Theft valued at less than $100 is classified as petty theft. This misdemeanor results in a fine of $500 and/or imprisonment for up to 90 days.
- Theft valued at less than $1,000 is also classified as a misdemeanor. The highest penalty is a fine of $500 and/or imprisonment for up to 18 months.
- Theft valued between $1,000 and $10,000 is classified as a felony. The highest penalty is a fine of $10,000 and/or imprisonment for up to a year.
- Theft between $10,000 and $100,000 is also classified as a felony. The highest penalty is a fine of $10,000 and/or imprisonment for up to 15 years.
- Theft valued over $100,000 is also classified as a felony. The highest penalty is a fine of $25,000 and/or imprisonment for up to 25 years.
Aspect #3: Theft Defenses
There are several defenses to theft in Maryland that a defendant can use to reduce or dismiss the charges against them:
- One defense is that the defendant believed they had a right to the property. So if someone takes property they genuinely believe is theirs, they may not be guilty of theft.
- A second defense is through intoxication. If a defendant can prove their intoxication during the alleged theft, it could serve as a successful defense against the charges. Since alcohol, chemicals, or drugs can impair a person’s ability to form the necessary intent to steal, an intoxication defense may be valid.
- Another defense is that the defendant was coerced or threatened into committing the theft. If someone was forced to commit theft under duress, they may not be guilty.
Get Help from Criminal Defense Lawyers in La Plata, Maryland
Theft is a serious criminal offense in Maryland, with severe legal consequences. So one must understand the legal aspects of theft, including its definition, degrees, and defenses, to avoid facing legal action. If you have been charged with theft, seeking legal aid is important.
The majority of individuals who are accused of theft offenses experience the full force of the law. It may surprise some that theft cases carry significant weight, but unfortunately, they do. The potential consequences, including fines, penalties, and the likelihood of imprisonment, can overwhelm the accused and their family. That is why we are here to help. Hennessy Law, LLC focuses on protecting our client’s rights. With 50 years of experience, we provide professional and compassionate assistance in our zealous representation of our clients. We practice personal injury and criminal defense law in Maryland, the District of Columbia, and Virginia. If you’re looking for a theft defense lawyer, contact us online, call us at (301)934-6400, or visit us at our office at 103 Centennial St. K La Plata, MD 20646.
