Theft

Under Maryland criminal laws a person is guilty of theft if he or she knowingly exerts unauthorized control over property, and:

• Intends to deprive the owner of the property, or
• Willfully or knowingly uses, conceals, or abandons the property in a way that actually deprives (or probably will deprive) the owner of the property. (Md. Code Ann. [Crim.] § 7-104(a).)

Knowledge and intent are the key components of this crime, though there are many different types of offenses that qualify as “theft.” These are:

• unauthorized  control over property by deception
• possessing stolen personal property
• controlling property that has been lost, or delivered by mistake
• obtaining services only available for compensation, by deception or with knowledge that the services have been provided without consent
• motor vehicle theft  
• newspaper theft
• writing bad checks

Punishment and Sentences
Maryland law does not distinguish punishment by the type of theft that occurred, but on the value of the items or services stolen. Regardless of which level of theft the offender is charged with, if found guilty they must return the stolen property to the owner or pay the owner the value of the property or services. Theft offenses fall into two categories: misdemeanor or felony.

Misdemeanor
The lowest level of theft offense is a misdemeanor, which is also known as petty theft. A misdemeanor occurs if the value of the property or service stolen is less than $100. If found guilty of this crime, the defendant faces punishments of not more than 90 days imprisonment, a fine of not more than $500, or both.
A person who commits theft of property or services with a value of less than $1,000 can also be charged with a misdemeanor, but it carries heavier penalties. The defendant faces the possibility ofimprisonment of not more than 18 months, a fine of not more than $500, or both.
If a person steals property valued at less than $100, the prosecutor can choose which level of misdemeanor to charge them with. This is why it is so important to hire a skilled criminal defense attorney as soon as you are arrested for theft.

Felony
To qualify as a felony, the value of the goods or services stolen must be at least $1,000 but less than $10,000. This offense is punishable by imprisonment for not more than 10 years, a fine of not more than $10,000, or both.
The punishment increases when the value of the property or services is at least $10,000 but less than $100,000. Punishment at this level is imprisonment for no more than 15 years, a fine of not more than $15,000, or both.
When the value of the goods or services is $100,000 or more, the punishment increases to no more than 25 years imprisonment, a fine not exceeding $25,000 or both.

Defense of Theft Charges
Maryland statutes identify a few specific defenses to theft, including arguments that, at the time of the alleged offense:

• The defendant was acting under a good faith claim of right to the property involved
• The defendant was acting in the honest belief that they had the right to obtain or exert control over the property, or
• The property belonged to the person’s spouse, unless the spouses were not living together as husband and wife at the time of the theft, and they were living in separate residences.

An expert criminal defense attorney will also challenge the value of the goods or services allegedly stolen. Since the punishment is connected to the value of the goods, this strategy can result in reduced fines or jail time as well as provide negotiation opportunities with the prosecutor.
Zewdu Alem & Associates are skilled criminal defense attorneys who will work to resolve your case to its best advantage. If you need expert criminal defense representation, contact us immediately. Call our offices at (301) 608-1133 or contact us at Inquiry@alemlawgroup.com.

Source: http://law.justia.com/codes/maryland/2010/criminal-law/title-7/subtitle-1