The statutory elements for crime of theft in Maryland are as follows:
UNAUTHORIZED CONTROL OVER PROPERTY
A person may not:
- Willfully
- Knowingly or by
- Deception
Obtain or exert unauthorized control over property, if the person:
- Intends to deprive the owner of the property;
- Willfully or knowingly conceals, uses, or abandons the property in a manner that deprives the owner of the property; or
- The person uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.
RECEIVING/POSSESSION OF STOLEN PROPERTY
A person may not possess stolen personal property knowing that:
- It has been stolen or
- Believing that it probably has been stolen,
And if the individual:
- Intends to deprive the owner of the property;
- Willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or
- Uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property.
PENALTIES
A person convicted of theft of property or services with a value of:
Between $ 1,500-25,000 is guilty of a felony and;
- Subject to imprisonment not exceeding 5 years/fine not exceeding $ 10,000 or both; and
- Must make restitution of the value of the property to owner;
Between $ 25,000 -$ 100,000 is guilty of a felony and:
- Subject to imprisonment not exceeding 10 years/fines not exceeding $ 15,000;
- Must also make full restitution.
$100,000 and more guilty of a felony and;
- Imprisonment not exceeding 20 years/fines $ 25,000 or both; and
- Must make full restitution of the value or services.
If the value of the stolen goods/services more $100 but less than $ 1,500, guilty of a misdemeanor and maximum penalties 6 months incarceration/$500 fines. If the value less than $100, then 90 days incarceration/$500 fines.
MOTOR VEHICLE THEFT
A person may not knowingly and willfully take a motor vehicle out of the owner’s lawful custody, control, or use without the owner’s consent.
Violation of this section is considered a felony and;
- Upon conviction carries imprisonment term not exceeding 5 years/fines not exceeding $ 5,000 or both; and
- Defendant must also restore the motor vehicle or, if unable to restore the motor vehicle, pay to the owner the full value of the motor vehicle.
CARJACKING
Carjacking is defined as taking unauthorized possession or control of a motor vehicle of another by force or violence, or by putting that individual in fear through intimidation or threat of force or violence. This offense is considered a felony and carries up to 3o years in prison.
ROBBERY
Robbery is defined as obtaining the service or property of another by force or threat of force. Robbery requires proof of intent to withhold property of another either:
- Permanently;
- For a period that results in the appropriation of a part of the property’s value;
- With the purpose to restore it only on payment of a reward or other compensation; or
- To dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it.
Penalties include sentencing up to 15 years incarceration and significant fines. If a weapon is used in the commission of crime, or a written instrument claiming the person has possession of a dangerous weapon, then the maximum sentence is increased to 20 years.
RESOURCES
It is imperative to contact a MD criminal lawyer specialized in theft and robbery cases to safeguard your rights and to scrutinize the government’s case and to discover all exculpatory evidence.
Contact our MD Theft/Robbery lawyer today to schedule an initial consultation.