CR 7-104: Theft

There are several definitions of theft under Maryland law. The most common is willfully exerting unauthorized control over another person’s property, which is legal jargon for taking something of value from another. In this scenario the State must prove the defendant intended to deprive the rightful owner of the property by either holding it for themselves or hiding or concealing it from the owner. Theft can also be charged in cases where a defendant does not take property, but rather acquires it by deception or trick. It is also a crime in Maryland to possess stolen property knowing that it has been stolen or even believing it was possibly stolen. Again, possessing stolen property would only be a crime if the person intended to deprive the owner of it. Those who buy and sell goods could be prosecuted for possessing stolen property if they paid far below market value or otherwise had reason to believe they were buying stolen goods. While most theft cases deal with tangible property, it is also a crime to obtain services that are available only for compensation by deception or by force.
The most basic example of theft is shoplifting, when a person is accused of stealing good from a store. Employee theft cases are also common, and typically involve the employee stealing cash through a number of different means including taking cash without properly ringing up transactions, depositing company checks and taking items without paying. It would be theft by deception (including other potential fraud charges) for a person to obtain property such as a vehicle with a bad check or other means that do not turn out to be legitimate. Those acting as contractors or in other service industries can also be charged with theft for billing for services not performed. A person can be charged with theft if he or she buys an item such as a phone or jewelry far below market value. Finally, it would be theft if a person obtains professional services with the intent to not pay for said services.
Motor vehicle theft is a separate crime in Maryland under Criminal Law Section 7-105. A person can be prosecuted for standard theft under 7-104 and motor vehicle theft under 7-105 for stealing the same vehicle but can only be sentenced in one of the counts. Motor vehicle theft is defined as knowingly and willfully taking a motor vehicle out of the owner’s lawful custody, control or use without consent, and it is not a defense that the person intended to give the vehicle back. Motor vehicle theft is a felony with a five-year maximum penalty regardless of value. Maryland law defines motor vehicles as any self-propelled vehicle other than a moped or motor scooter, so motorcycles and tractors are included. Another crime related to theft is failure to return a rental vehicle under Maryland Criminal Law Section 7-205. It is a misdemeanor punishable by up to a year in jail to rent a motor vehicle and then not return it 5 days or more after a demand from the rental company to return the vehicle. Benjamin specializes in motor vehicle theft and failure to return a rental vehicle and has helped dozens of clients have their cases dismissed.
Mistaken identity is a common defense in retail theft cases, as it often comes down to surveillance video that may not be particularly clear. Other defenses include arguing that the defendant did in fact pay fair value for the goods or services or that the defendant was the actual owner of the items claimed to have been stolen. We have also successfully argued lack of intent and/or knowledge in theft cases dealing with stolen property and employee theft. People can make mistakes
The penalty for theft in Maryland under CR 7-104 depends on the value of the goods or services alleged to have been stolen. Theft less than $100 is a misdemeanor that carries a maximum penalty of 90 days in jail and a $500 fine. Theft more than $100 but less than $1,500 is also a misdemeanor, but the potential penalty jumps to 6 months for a first offense, and 1 year for a second or subsequent offense. Any theft over $1,500 becomes a felony with theft $1,500 to $25,000 carrying up to five years in prison, and theft $25,000 to $100,000 carrying up to 10 years. The highest theft offense deals with a value over $100,000 and carries up to 20 years in prison and a $25,000 fine.
Benjamin Herbst is an experienced Maryland theft lawyer who has successfully defended hundreds of clients charged with shoplifting to felony theft schemes totaling hundreds of thousands of dollars. Regardless of what type of theft crime you are facing, Benjamin will fight tooth and nail to keep you out of jail and keep your record clean. He defends theft cases in all Maryland state and federal jurisdictions from the Eastern Shore to Washington and Allegany Counties and is available anytime at 410-207-2598 for a free consultation.