Facing theft charges in Maryland? Learn exactly where the felony threshold falls, what penalties apply to each tier, and how to build a strong defense against theft accusations.
How Maryland Defines Theft
Maryland law consolidates theft offenses — including larceny, shoplifting, embezzlement, fraud, and receiving stolen property — into a single unified statute under Maryland Criminal Law § 7-104. This means that regardless of the specific method used, the state prosecutes these offenses under one framework, with penalties determined primarily by the value of the property or services involved.
To convict someone of theft, the state must prove:
- The defendant took or controlled property belonging to someone else
- The defendant intended to permanently deprive the owner of the property
- The defendant knew the property was not theirs to take
Maryland Theft Penalty Tiers
Maryland's theft law creates a tiered penalty structure based on the value of the stolen property: Tier 1: Petty Theft (Under $100)
- Charge: Misdemeanor
- Maximum jail: 90 days
- Maximum fine: $500 Tier 2: Misdemeanor Theft ($100–$1,499)
- Charge: Misdemeanor
- First conviction: up to 6 months jail and $500 fine
- Subsequent convictions: up to 1 year jail and $500 fine Tier 3: Felony Theft ($1,500–$24,999)
- Charge: Felony
- Maximum prison: 5 years
- Maximum fine: $10,000 Tier 4: Felony Theft ($25,000–$99,999)
- Charge: Felony
- Maximum prison: 10 years
- Maximum fine: $15,000 Tier 5: Major Felony Theft ($100,000 or more)
- Charge: Felony
- Maximum prison: 20 years
- Maximum fine: $25,000 As codified in Justia's version of Maryland Criminal Law § 7-104, in all felony theft cases, the court must also order the defendant to restore or pay the value of the property to the owner.
Enhanced Penalties for Repeat Offenders
Maryland's theft statute includes a special provision for habitual offenders. A person with four or more prior theft convictions who is charged with a new theft of less than $1,500 — normally a misdemeanor — can face felony-level consequences:
- Up to 5 years in prison
- Up to $5,000 in fines Additionally, prosecutors may file a notice of prior convictions to seek enhanced sentencing, which can effectively turn a minor misdemeanor into a much more serious matter.
Shoplifting
Shoplifting falls under Maryland's general theft statute. The threshold for felony shoplifting is the same $1,500 cutoff. Retailers may also pursue civil claims for damages independent of any criminal prosecution.
Motor Vehicle Theft
Theft of a motor vehicle is typically charged as felony theft given the value of most vehicles. It may also be charged as unauthorized use of a motor vehicle, a separate misdemeanor offense.
Embezzlement
When an employee steals from an employer or a fiduciary misappropriates funds entrusted to them, this is prosecuted as theft under Maryland law. Embezzlement cases often involve substantial dollar amounts, placing them firmly in felony territory.
Receiving Stolen Property
Knowingly receiving, retaining, or selling stolen property is also a theft offense in Maryland, with penalties based on the value of the property received.
Defenses Against Theft Charges in Maryland
Theft charges are not guaranteed convictions. Powerful defenses include:
Challenging Intent
Theft requires the intent to permanently deprive the owner of their property. If you genuinely believed the property was yours, borrowed it with permission, or took it by mistake, the intent element may be absent.
Challenging Valuation
The line between misdemeanor and felony theft — and between different felony tiers — depends entirely on the property's value. If the prosecution overstates the value of the alleged stolen property, pushing the case down a tier can significantly reduce potential punishment.
Challenging Identity
In many theft cases — particularly shoplifting and fraud — the question of identity is central. Surveillance footage, witness accounts, and digital records can all be challenged or explained.
Lack of Knowledge (Receiving Stolen Property)
If you were accused of receiving stolen property, showing that you did not know the property was stolen defeats the charge.
According to Nolo, the most common defenses to theft involve disputing intent or challenging the evidence used to establish the defendant's identity as the perpetrator.
What to Expect in a Maryland Theft Case
Theft cases in Maryland can be prosecuted in District Court (for misdemeanors) or Circuit Court (for felonies). Key factors in how your case proceeds include:
- Whether you have a prior criminal record
- The value of the property involved
- Whether you have made or offered restitution
- The strength of the evidence against you For first-time offenders, a Probation Before Judgment (PBJ) or pretrial diversion may be available, particularly for lower-value thefts.
FAQ
At what dollar amount does theft become a felony in Maryland?
Theft of property or services valued at $1,500 or more is charged as a felony in Maryland. Below that threshold, theft is generally a misdemeanor.
Can theft charges be expunged in Maryland?
Misdemeanor theft convictions may be eligible for expungement after a 3-year waiting period if the maximum penalty does not exceed 90 days. Felony theft convictions face a higher bar — consult an attorney about your specific case.
Will I go to jail for a first-time shoplifting charge in Maryland?
For a low-value first-time shoplifting offense, jail is possible but not certain. Courts often consider probation, fines, or diversion for first-time offenders. An attorney can argue for these alternatives.
Does the store have to press charges for shoplifting?
The decision to prosecute lies with the State's Attorney's Office, not the store. A store can report the incident and cooperate with prosecution, but it does not control whether charges are filed.
Can theft charges be reduced in Maryland?
A: Yes. An attorney may negotiate a reduction — for instance, from felony to misdemeanor theft — by challenging the valuation of the property, presenting mitigating circumstances, or negotiating a restitution agreement with the prosecution.
Speak with a Maryland criminal defense attorney today. Whether you are facing petty shoplifting or a major felony theft charge, the right legal strategy can protect you from the worst outcomes and fight for a just resolution.
