Baltimore Theft and Property Crimes Lawyer
Maryland does not charge larceny, embezzlement, false pretenses and receiving stolen property as separate offenses. They were consolidated into a single theft statute, so the charging document often does not reveal which theory the State is actually running, and the value of the property rather than the label on the charge sets the exposure. At Walsh-Little Law, David Walsh-Little defends theft and property offense matters in the District and Circuit Courts of Baltimore City and the surrounding counties.
David Walsh-Little spent over a decade with the Maryland Office of the Public Defender, including three years as chief of the felony trial division in the Baltimore City office, and more than four years as an assistant federal public defender. Cases turning on documents, valuation and an early statement were a regular part of that practice.
Maryland Consolidated the Theft Offenses Into One Statute
Maryland does not charge larceny, embezzlement, false pretenses and receiving stolen property as separate common law offenses. They were consolidated into a single theft statute, section 7-104 of the Criminal Law Article, which covers unauthorized control over property, control obtained by deception, possession of stolen property, and several related forms of conduct.
The practical effect is that the charging document may not tell you much about the State's theory. A theft count can rest on taking, on deception, or on possession, and which one the State is actually pursuing is a question worth answering early, because the evidence that matters differs completely between them.
The Value of the Property Sets the Exposure
Penalties under section 7-104 are tiered by value, and the tiers are steep:
- Under $100. Misdemeanor, up to 90 days and a fine up to $500.
- $100 to under $1,500. Misdemeanor, up to 6 months and a fine up to $500 on a first conviction, and up to 1 year on a second or subsequent conviction.
- $1,500 to under $25,000. Felony, up to 5 years and a fine up to $10,000.
- $25,000 to under $100,000. Felony, up to 10 years and a fine up to $15,000.
- $100,000 or more. Felony, up to 20 years and a fine up to $25,000.
There is also an enhanced penalty: a person with four or more prior theft convictions who is convicted of theft under $1,500 faces up to 5 years and a fine up to $5,000, where the State's Attorney has given the required notice.
Restitution to the owner accompanies a theft conviction.
The Three Theories Behind a Single Theft Count
Because the statute is consolidated, one theft count can rest on very different allegations, and the evidence that matters changes with each.
Unauthorized control. The traditional taking. The questions tend to be whether the property was taken at all, whether the person had permission, and whether there was an intent to deprive the owner rather than to borrow or to reclaim something believed to be theirs.
Control obtained by deception. Here the property changed hands with the owner's apparent agreement, and the allegation is that the agreement was procured by a false representation. These cases turn on what was actually said or written, what the owner relied on, and whether a representation about a future intention was false when it was made rather than simply unfulfilled.
Possession of stolen property. The allegation is knowing possession of property of another that has been stolen. Knowledge is the contested element far more often than possession, and it is frequently inferred from circumstances such as price, source, or the condition of the goods rather than proved directly.
Identifying which theory the State is running is worth doing early, because a defense that answers a taking allegation may be irrelevant to a deception allegation.
Where Theft Cases Are Contested
Intent. Theft requires an intent to deprive. A genuine belief in a right to the property, a dispute over ownership, or an intention to return can all bear on that element, and civil disputes between business partners or family members sometimes arrive in a criminal court wearing the wrong clothes.
Identification. In cases built on surveillance footage or on a later-issued charging document, who did what can be a live question rather than an assumed one.
The statement. Written statements taken on a shop floor or in an employer's office, before anyone has spoken to a lawyer, feature heavily in these cases. The circumstances in which such a statement was obtained are open to examination.
Aggregation. Where the State combines separate incidents to reach a higher value tier, whether the conduct properly forms a single scheme is a question with real consequences, because it can move a case from misdemeanor to felony.
Reviews
David is a great lawyer to work with. He's very attentive and on top of things. He cares about his clients and is very knowledgeable. Thank you, David
I recommend David's criminal defense and DWI defense services.
Baltimore criminal defense lawyer David Walsh-Little first came to my attention over 25 years ago, when I learned about his legal assistance to Plowshares activists. Since that time, I have occasionally communicated with him and then talked with David in depth on my podcast.
I can confidently recommend criminal defendants to David for Maryland matters for which I do not offer assistance.
Why Valuation Is So Often the Real Dispute
Because the line between a misdemeanor and a five year felony sits at $1,500, how the property is valued can matter more than anything else in the case.
Valuation questions that arise regularly include whether the figure reflects replacement cost or market value at the time, whether depreciation was accounted for, whether items were aggregated across separate incidents to reach a threshold, and whether the figure rests on an estimate rather than documentation. Where the State's number sits just above a tier boundary, that number deserves close examination.
Shoplifting and Retail Theft
Retail cases are charged under the same statute, and most fall in the lower value tiers. What makes them distinctive is the evidence: loss prevention personnel, store surveillance, and a written statement frequently taken on the premises before anyone has spoken to a lawyer.
Questions that come up include what the surveillance actually shows as opposed to what the report describes, whether the items left the store, how the value was calculated from retail pricing, and the circumstances in which any statement was obtained.
Related Charges That Often Accompany a Theft Count
Theft rarely arrives alone. Depending on the facts, a charging document may also include burglary where entry into a structure is alleged, motor vehicle theft, credit card offenses, or identity fraud where personal information was used. Where a business or employer is involved the matter can be charged as theft while overlapping heavily with what people sometimes think of as embezzlement, which is covered on our embezzlement defense page, and where personal data is involved with our identity theft defense page.
Multiple counts arising from the same conduct raise questions about whether they merge for sentencing, which is worth addressing rather than assuming.
How a Maryland Theft Case Moves Through the Courts
Misdemeanor theft is generally heard in the District Court. Felony theft moves to the Circuit Court, and a defendant in the District Court may also pray a jury trial, which transfers the matter to the Circuit Court.
Because a theft conviction is treated as an offense of dishonesty, the consequences reach well beyond the sentence. It can affect employment in any role involving money or inventory, professional licensing, and immigration status. Those consequences are part of the picture from the beginning rather than something considered afterwards.
Why Choose David Walsh-Little as Your Baltimore Theft Defense Attorney
David Walsh-Little's background spans state and federal criminal defense, including years of work in the Maryland courts where these cases are heard. Theft matters reward attention to detail of a particular kind: where the value figure came from, what the surveillance actually captured, how a statement was obtained, and whether the State's theory is taking, deception, or possession.
Because a theft conviction carries a reputational consequence beyond the sentence, the collateral effects on employment and licensing are worth raising early, while there is still room to take them into account.
Serving Baltimore & Surrounding Counties
Walsh-Little Law represents clients throughout the Baltimore metropolitan area in both state and federal courts.
Frequently Asked Questions About Maryland Theft Charges
Is shoplifting a felony in Maryland?
It depends on the value. Retail theft below $1,500 is a misdemeanor, and below $100 the maximum is 90 days. At $1,500 and above the offense becomes a felony carrying up to 5 years, so where the alleged value sits relative to that line is frequently the most important fact in the case.
How does the State prove what the property was worth?
What if the property was returned?
Can a theft charge be expunged in Maryland?
What is the difference between theft and burglary?
Contact a Baltimore Theft Defense Attorney Today, Free Consultation
A theft charge can carry a reputational consequence well beyond the sentence. Depending on the facts, various defense strategies may be available, from the valuation the State is relying on to the circumstances in which a statement was taken.
Call Walsh-Little Law today at 410-205-9337 for a free, confidential consultation. David will review your case, explain your options, and start building a defense from day one.
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Disclaimer: The Law Office of David Walsh-Little is a Maryland Limited Liability Company established for the practice of law. The information on this website is for general information only. The content on this site is not legal advice and should not be construed as such. Visitors to this site should not rely on its content when making legal decisions. Access to the information on this website is not intended to, and does not create, an attorney-client relationship between the Law Office of David Walsh-Little, LLC and any other person or entity.
