Published on 11/19/2025, 12:00:00 AM
Do I Need a Lawyer for a Misdemeanor Theft in Maryland?
Short answer: yes. Even a "minor" theft case can impact your freedom, your record, and your job. A lawyer can help you understand the charge, protect your rights, and work toward an outcome that avoids the worst consequences.
Maryland theft is charged by value. "Misdemeanor theft" often means under $1,500, with penalties that still include jail, fines, and restitution. A lawyer can challenge value, intent, and proof, and pursue outcomes like PBJ, STET, or diversion.
What counts as a misdemeanor theft?
Maryland charges theft by value not by labels like "petty" or "grand." As a rule of thumb:
- Under $100: misdemeanor, up to 90 days and/or $500 fine.
- $100 to $1,500: misdemeanor. For a first conviction, up to 6 months and/or $500; subsequent convictions up to 1 year and/or $500; restitution applies.
For a quick primer, read our related guides on value tiers and case strategy:
- An overview of Maryland theft charges (how value changes the charge).
- Deep dives on theft under $100 and theft $100�$1,500.
- Practical shoplifting in Maryland coverage and defenses.
What the State must prove (and where cases are won)
In misdemeanor theft cases, prosecutors must prove you knowingly took or exerted control over property without consent and intended to permanently deprive the owner plus the value that sets the tier. Those elements are the heart of most defenses.
Maryland's pattern jury instructions reinforce two bedrock rules at trial: presumption of innocence and proof beyond a reasonable doubt (MPJI-Cr 2:02). That standard applies to every element, including value and intent.
Why hiring a lawyer matters
- Prevent avoidable statements. Anything you say can wind up in court; silence protects you while counsel engages.
- Preserve proof and attack valuation. Video, receipts, and price data often decide the tier (and whether it's jail-exposed).
- Pursue outcomes short of conviction. Depending on facts and restitution, counsel can often negotiate PBJ, STET, or charge reductions.
- Protect collateral interests. Employment, immigration, and licensing fallout can rival the criminal penalty; targeted resolutions help.
Can I handle this on my own?
You can appear without a lawyer, but you carry all the risk. Many cases turn on proof problems (identity, intent) and valuation. A defense lawyer knows how to challenge weak evidence, suppress illegal searches or statements, and frame mitigation that persuades prosecutors and judges.
What about "theft scheme," shoplifting, or repeated small takes?
If the State alleges a theft scheme (a continuing plan), it can aggregate multiple small takes into one larger value which may push a case into felony territory. Early counsel is crucial to contest aggregation, dates, and intent.
For retail cases, prosecutors still must prove intent to steal and correct value; surveillance or witness ID can be contested.
Maryland law you should know (in plain English)
- CR section 7-104 controls theft and sets the misdemeanor tiers at under $100 and $100�$1,500 with the penalties above.
- Restitution is common in negotiated outcomes and may support STET or a favorable plea.
What to do right now
- Don't discuss the facts with anyone but your lawyer.
- Save receipts, texts, and bank records value proof matters.
- Request video quickly (stores overwrite systems).
- Call counsel early to challenge probable cause, statements, and valuation.
Ready to talk?
Browse our theft resources, then contact us for a free consult:
- Learn how Maryland charges theft cases.
- Compare tiers: theft under $100 and theft $100-$1,500.
- See our shoplifting playbook.
- Meet your Maryland theft lawyer.
- Or just contact us.
FAQs
Q: What's "misdemeanor theft" in Maryland?
A: Generally, theft under $1,500. Under $100 carries up to 90 days; $100�$1,500 carries up to 6 months for a first conviction (up to 1 year for later convictions), plus possible fines and restitution.
Q: If I paid at the register after being stopped, is my case over?
A: Not necessarily. The State still has to prove intent and value, but post-stop payment doesn't automatically dismiss charges. These facts can still support negotiations or defenses.
Q: Can multiple small shoplifts be combined?
A: In a theft scheme, the State may aggregate values from a continuing course of conduct potentially elevating the charge. A lawyer can contest aggregation and timelines.
Q: What are common defenses?
A: Identity challenges, lack of intent, disputing value, and suppression of unlawful searches or statements. Restitution-based resolutions like STET may also be available.
Q: What standard of proof applies?
A: The State must prove each element beyond a reasonable doubt; jurors are instructed on presumption of innocence (MPJI-Cr 2:02).
