Maryland Theft Laws and Penalties: Understanding Your Rights and Defenses
In Maryland, theft statutes are defined under Maryland Criminal Law Article § 7-104. The penalties and defenses can vary based on the type of theft.
Types of Theft and Possible Penalties
- Theft under $100 (Petty Theft)
– Jail Time: Up to 90 days and/or fines up to $500.
- Theft between $100 and $1,500 (Misdemeanor)
– Jail Time: Up to 18 months and/or fines up to $5,000.
- Theft over $1,500 (Felony)
– Jail Time: Up to 15 years and/or fines up to $15,000.
- Theft of specific items** (e.g., motor vehicles, firearms, etc.)
– Jail Time: Often carries harsher penalties, typically up to 15 years for vehicle theft.
Preparing a Defense
- Mistake of Fact: Arguing that the defendant believed the property was theirs or that they had permission to take it.
- Insufficient Evidence: Challenging the prosecution’s ability to prove that the defendant had intent to steal or that they took the property.
- Lack of Intent: Demonstrating that the defendant did not intend to permanently deprive the owner of their property.
- Coercion or Duress: If the defendant was forced to commit the theft under threat of harm.
- Entitlement: Showing that the defendant had a legal right to take the property (e.g., a landlord taking items from a property).
- Alibi: Providing evidence that the defendant was not present at the time of the alleged theft.
Additional Considerations
– Legal Representation: Consulting a qualified attorney is crucial for tailored legal advice and effective representation.
– Evidence Gathering: Collecting any evidence, such as witness statements or surveillance footage, that supports the defense.
– Negotiation: Exploring plea deals or alternative sentencing options may be beneficial in certain cases.
Preparing a solid defense requires careful analysis of the case specifics and applicable law. Contact Caroline Norman Frost for a free consultation today.