Theft crimes in Maryland encompass a wide range of illegal activities, each with distinct definitions and associated penalties. Understanding these crimes, their legal ramifications, and the potential consequences is essential for anyone facing such charges or seeking to protect themselves from becoming a victim. This comprehensive overview delves into various types of theft crimes recognized under Maryland law, elucidating the definitions and penalties for each category.
Larceny and Theft
Larceny, commonly referred to as theft, is the unlawful taking and carrying away of someone else’s property with the intent to permanently deprive the owner of its use. In Maryland, theft is broadly classified into several categories based on the value of the stolen property. The severity of the charge and the corresponding penalties depend significantly on this valuation.
When the value of the stolen property is less than $100, it is considered a misdemeanor. Convictions can lead to imprisonment for up to 90 days or a fine of up to $500, or both. For property valued between $100 and $1,500, the crime is still a misdemeanor, but penalties increase to imprisonment for up to six months or fines up to $500, or both. If the value exceeds $1,500 but is less than $25,000, the crime is classified as a felony. Offenders may face imprisonment for up to five years, fines of up to $10,000, or both. Theft of property valued between $25,000 and $100,000 is also a felony, punishable by up to 10 years of imprisonment and fines up to $15,000. Finally, if the property is worth more than $100,000, it remains a felony, with penalties including up to 20 years of imprisonment and fines up to $25,000.
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Burglary
Burglary is another common theft crime involving the unlawful entry into a building or structure with the intent to commit a theft or felony inside. Maryland law categorizes burglary into four degrees, each with its specific definitions and penalties. First-degree burglary is the most severe, involving breaking and entering into a dwelling with the intent to commit theft or violence. Convictions can result in up to 20 years of imprisonment.
Second-degree burglary pertains to breaking and entering into a storehouse with the intent to commit theft, violence, or arson. This crime carries penalties of up to 15 years of imprisonment. Third-degree burglary involves breaking and entering into a dwelling with the intent to commit any crime, punishable by up to 10 years of imprisonment. Finally, fourth-degree burglary is the least severe, encompassing breaking and entering into a dwelling or storehouse without specific intent to commit a crime inside. This misdemeanor can lead to up to three years of imprisonment.
Robbery and Armed Robbery
Robbery is the taking of property from another person through force or the threat of force. This crime is distinct from larceny as it involves direct interaction with the victim, often resulting in more severe penalties due to the element of violence or intimidation. In Maryland, robbery without a weapon carries a maximum penalty of 15 years of imprisonment.
Armed robbery, which involves using or displaying a weapon during the commission of the crime, is more severely punished. Convictions for armed robbery can lead to up to 20 years of imprisonment. The use or threat of a deadly weapon elevates the seriousness of the crime, reflecting the increased danger posed to the victim.
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Shoplifting
Shoplifting, a specific type of theft, involves stealing goods from a retail establishment. Maryland treats shoplifting under its general theft statutes, with penalties varying based on the value of the stolen merchandise. For items valued at less than $100, the offense is considered a misdemeanor, with penalties including up to 90 days of imprisonment and fines up to $500. If the value ranges from $100 to $1,500, the misdemeanor charge carries up to six months of imprisonment and similar fines.
Shoplifting items valued over $1,500 but less than $25,000 elevates the crime to a felony, with penalties including up to five years of imprisonment and fines up to $10,000. Higher value shoplifting offenses carry progressively harsher penalties, aligning with the general theft statutes.
Motor Vehicle Theft
Motor vehicle theft involves the unauthorized taking of a car, truck, motorcycle, or any other motorized vehicle. In Maryland, this crime is classified as a felony. Convictions can lead to up to five years of imprisonment or fines up to $5,000, or both. Repeat offenders may face harsher penalties, reflecting the state’s commitment to deterring motor vehicle theft through stringent legal measures.
Additionally, joyriding, or temporarily taking a vehicle without the owner’s consent, is treated differently from theft with the intent to permanently deprive the owner of their vehicle. Joyriding is generally considered a misdemeanor, punishable by up to one year of imprisonment or fines up to $500, or both.
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Identity Theft
Identity theft is the fraudulent acquisition and use of another person’s personal information, such as social security numbers, credit card details, or bank account information, typically for financial gain. Maryland law treats identity theft as a serious crime due to its potential to cause significant financial and emotional harm to victims.
Penalties for identity theft in Maryland vary based on the extent of the fraud and the amount of money involved. For cases involving less than $500, the crime is a misdemeanor, punishable by up to 18 months of imprisonment and fines up to $5,000. If the value exceeds $500, identity theft is classified as a felony, with penalties including up to 15 years of imprisonment and fines up to $25,000. Additionally, offenders may be required to make restitution to their victims, compensating for the financial losses incurred.
Embezzlement
Embezzlement involves the fraudulent taking of property or funds entrusted to someone’s care, typically in an employment or fiduciary context. Unlike other theft crimes, embezzlement occurs when someone lawfully possesses property but then converts it for personal use. Maryland law treats embezzlement seriously, with penalties corresponding to the value of the stolen property.
For property valued at less than $1,000, embezzlement is considered a misdemeanor, punishable by up to 18 months of imprisonment and fines up to $500. If the value exceeds $1,000, the crime is a felony, with penalties including up to 10 years of imprisonment and fines up to $10,000. Embezzlement involving significant sums of money or high-profile positions often results in more severe sentencing, reflecting the breach of trust inherent in the crime.
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Carjacking
Carjacking, the violent taking of a motor vehicle from its driver, is one of the most severe theft crimes in Maryland. This crime involves not only the theft of the vehicle but also the use or threat of violence against the driver. Maryland law imposes stringent penalties for carjacking to deter such violent offenses.
Carjacking is classified as a felony, with penalties including up to 30 years of imprisonment. The use of a firearm or other deadly weapon during the commission of a carjacking can further elevate the severity of the charges, leading to even harsher penalties. The state’s strict approach to carjacking reflects the serious threat it poses to public safety and the significant impact on victims.
Fraud
Fraud encompasses various deceptive practices intended to secure an unlawful financial or personal gain. In Maryland, common types of fraud include credit card fraud, insurance fraud, and check fraud. The penalties for fraud crimes depend on the specific nature of the offense and the amount of money involved.
Credit card fraud, for instance, is prosecuted under Maryland’s general theft statutes. If the value of the fraudulently obtained goods or services is less than $500, the crime is a misdemeanor, punishable by up to 18 months of imprisonment and fines up to $500. For amounts exceeding $500, credit card fraud is classified as a felony, with penalties including up to 15 years of imprisonment and fines up to $25,000. Similarly, insurance fraud and check fraud carry penalties based on the financial impact of the fraudulent activity, with significant offenses resulting in lengthy prison sentences and substantial fines.
Defend Your Rights and Future Contact Us Today
If you or someone you know is facing theft charges in Maryland, it is crucial to seek legal representation immediately. Navigating the complexities of theft laws and mounting an effective defense requires a thorough understanding of the legal system. At Alpert Schreyer, LLC, our experienced attorneys are dedicated to providing the robust defense you need. Contact us today to schedule a consultation and ensure your rights are protected throughout the legal process. Your future and freedom are too important to leave to chance.