Published on 12/11/2025, 12:00:00 AM
Is There 4th Degree Theft in Maryland?
If you searched for "4th degree theft" or "fourth degree theft" in Maryland, here's the short answer: Maryland does not have degrees of theft. There is no 1st, 2nd, 3rd, or 4th degree theft under Maryland law.
Instead, Maryland classifies theft based on the value of the property taken. This guide explains how Maryland's theft laws actually work, what penalties you could face, and how our system compares to states that do use degrees.
Why Maryland Doesn't Have "Degrees" of Theft
Some states, like Minnesota, Iowa, and Connecticut, classify theft by degrees. In those states, 4th degree theft typically refers to the lowest-level theft offense, usually involving property worth less than a few hundred dollars.
Maryland takes a different approach. Under Criminal Law Article Section 7-104, theft is a single crime with penalties that scale based on the dollar value of what was taken. The elements are the same whether the property is worth $50 or $50,000. Only the punishment changes.
This means if you're facing theft charges in Maryland, your charge won't say "4th degree" or any other degree. It will simply be "theft" with a value range attached.
How Maryland Actually Classifies Theft
Maryland organizes theft charges into value tiers. Here's the full breakdown under Section 7-104:
| Value of Property | Classification | Maximum Jail Time | Maximum Fine |
|---|---|---|---|
| Less than $100 | Misdemeanor | 90 days | $500 |
| $100 to under $1,500 | Misdemeanor | 6 months (1st offense) | $500 |
| $1,500 to under $25,000 | Felony | 5 years | $10,000 |
| $25,000 to under $100,000 | Felony | 10 years | $15,000 |
| $100,000 or more | Felony | 20 years | $25,000 |
For second or subsequent convictions in the $100 to $1,500 range, the maximum increases to one year.
Related: Theft Under $100 in Maryland | Theft $100 to $1,500
What Would Be "4th Degree Theft" in Maryland?
In states that use degrees, 4th degree theft is typically the lowest level, covering minor thefts. If you're trying to understand what that equivalent looks like in Maryland, it would be theft of property valued under $100.
This is a misdemeanor carrying:
- Up to 90 days in jail
- Up to a $500 fine
- Possible probation
- A criminal record that can affect jobs and housing
Even though it's the lowest tier, a conviction is still a criminal offense that goes on your record.
Elements the State Must Prove
Regardless of the value, the State must prove the same elements for any theft charge under Section 7-104:
- You knowingly took or exercised unauthorized control over property
- The property belonged to another person
- You acted without the owner's consent
- You intended to deprive the owner of that property
If the State cannot prove any of these elements beyond a reasonable doubt, the charge should not result in a conviction.
For more on how these cases are built: How to Beat a Theft Charge in Maryland
Why the Value Matters
Value determines more than just the penalty. It also determines:
- Felony vs. misdemeanor status: $1,500 is the cutoff
- Court jurisdiction: Higher-value thefts may be indicted in Circuit Court
- Collateral consequences: Felony theft can affect voting rights, gun ownership, and professional licenses
- Plea options: Lower-value cases may qualify for Probation Before Judgment or STET dispositions
The State typically relies on receipts, price tags, or store records to establish value. Your attorney can challenge this evidence if the valuation is inflated or unverified.
Common Theft Cases We See at Each Level
Under $100 (Misdemeanor)
- Self-checkout errors or missed items
- Small retail shoplifting
- Taking items from a workplace
$100 to $1,500 (Misdemeanor)
- Shoplifting electronics or clothing
- Restaurant walkouts
- Package theft
$1,500 and above (Felony)
- Employee theft or embezzlement
- Credit card fraud
- Theft schemes where multiple takings are aggregated
See also: Shoplifting in Maryland
Defenses to Low-Value Theft in Maryland
Even for theft under $100, effective defenses exist:
- Lack of intent: You didn't mean to leave without paying
- Mistake: You believed the item was yours or already paid for
- Identity issues: The surveillance footage doesn't clearly show you
- Improper search: Evidence obtained in violation of your rights may be suppressed
- Value dispute: The item's worth is less than claimed
Related: Can Police Search My Car Without a Warrant?
What to Do If You're Charged
- Don't talk to store security or police without a lawyer present
- Save receipts and any proof of payment
- Don't return to the store or contact the alleged victim
- Contact a theft lawyer before your court date
The earlier you get legal help, the more options you'll have. Many low-value theft cases can be resolved with dismissals, STET agreements, or Probation Before Judgment outcomes that avoid a conviction.
FAQs
Does Maryland have 4th degree theft?
No. Maryland does not classify theft by degrees. Theft charges are based on the value of the property taken, with penalties increasing at $100, $1,500, $25,000, and $100,000 thresholds.
What is the lowest theft charge in Maryland?
Theft of property valued under $100 is the lowest tier. It's a misdemeanor punishable by up to 90 days in jail and a $500 fine.
Is theft under $100 a felony in Maryland?
No. Theft under $100 is a misdemeanor. Theft becomes a felony when the value reaches $1,500 or more.
What statute covers theft in Maryland?
All theft offenses fall under Maryland Criminal Law Article Section 7-104.
Can I get theft charges expunged in Maryland?
It depends on the outcome and waiting periods. Dismissals and some dispositions may be eligible for expungement. Talk to a lawyer about your specific case.
Talk to a Maryland Theft Lawyer
Facing theft charges in Maryland can be stressful, especially if you're unfamiliar with how our laws work. At FrizWoods, we defend theft cases across Maryland, from minor shoplifting to complex fraud allegations.
Contact us for a free consultation to discuss your case and learn your options.
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