Published on 7/2/2024, 3:31:00 PM
What is a Theft Scheme Charge in Maryland?
A theft scheme charge in Maryland accuses you of a continuing course of conduct: multiple thefts by the same person. Prosecutors can add up the value of everything taken, which pushes a string of small thefts into felony territory. The charge is serious, and the right defense depends on the facts.
Understanding Theft Scheme
A theft scheme refers to a series of thefts committed by the same person as part of an ongoing plan or scheme. Under Maryland law, the value of the stolen property from these thefts can be combined to determine the total amount, which influences the severity of the charge. For example, if someone steals $500 worth of goods from a store on multiple occasions, the total value can be aggregated, potentially leading to a felony charge once the value exceeds $1,500.
Legal Definition
Theft in Maryland is defined under Md. Code, Crim. Law Section 7-104, which states that a person may not willfully or knowingly obtain or exert unauthorized control over property if they intend to deprive the owner of it. This includes using, concealing, or abandoning the property in a manner that deprives the owner of its use. There are many different ways to prove theft and this leads to many different available defenses.
Aggregating Values
When theft is committed as part of a theft scheme, the value of the stolen property can be aggregated. This means that multiple smaller thefts can be combined to reach a higher total value, which can elevate the charge from a misdemeanor to a felony. This is particularly significant in retail theft or shoplifting cases, where the cumulative value of stolen items over time can lead to more severe penalties.
Classification and Penalties
The penalties for theft scheme charges vary based on the total value of the stolen property:
- Under $100: Classified as a misdemeanor, with penalties including up to 90 days in jail and fines up to $500 for a first offense.
- $100 to $1,500: Classified as a misdemeanor, with penalties including up to 6 months in jail and fines up to $500 for a first offense.
- $1,500 to $25,000: Classified as a felony, with penalties including up to 5 years in prison and fines up to $10,000.
- $25,000 to $100,000: Also a felony, with penalties including up to 10 years in prison and fines up to $15,000.
- Over $100,000: Classified as a felony with the most severe penalties, including up to 20 years in prison and fines up to $25,000.
These tiers decide what you are facing, so know where your alleged loss amount falls before your first theft scheme court date.
Theft Schemes and Shoplifting
Theft schemes are commonly charged in shoplifting cases where a person repeatedly shoplifts from the same store multiple times. This can lead to serious felony charges for a series of minor thefts. Big box stores like Target and Walmart have started to employ technology like facial recognition to identify repeated thefts at the same location and often employ Loss Prevention Officers (LPOs) who are willing to file citizen filed criminal charges for thefts across Maryland.
The Importance of Legal Representation
A theft scheme charge is stressful, and the stakes climb with the dollar amount. An experienced attorney helps in a few concrete ways:
Expertise in Theft Cases
An attorney specializing in theft cases will have a deep understanding of Maryland’s laws and legal procedures. They can provide you with knowledgeable advice and representation, ensuring that your rights are protected throughout the legal process.
Developing a Defense Strategy
A skilled attorney can develop a robust defense strategy tailored to the specifics of your case. This might involve challenging the evidence presented by the prosecution, demonstrating that the thefts were not part of a single scheme, or negotiating a plea deal to reduce the charges and penalties.
Guiding You Through the Process
The legal system can be intimidating if you have never been through it. An attorney walks you through each step, from the arrest to court appearances to sentencing, so you understand your options and make informed decisions.
Frequently Asked Questions
What is a theft scheme in Maryland?
A theft scheme refers to a series of thefts committed by the same person as part of an ongoing scheme or plan. The value of the stolen property from these thefts can be combined to determine the total amount, which influences the severity of the charge.
Is theft scheme considered a felony in Maryland?
Theft scheme can be classified as either a misdemeanor or a felony in Maryland, depending on the total value of the stolen property. If the value exceeds $1,500, it is generally classified as a felony.
What are the penalties for a theft scheme charge?
Penalties for a theft scheme charge vary based on the total value of the stolen property and can range from up to 90 days in jail and fines for values less than $100, to up to 20 years in prison and fines up to $25,000 for values over $100,000.
How can an attorney help with a theft scheme charge?
An attorney can provide expert legal advice, develop a defense strategy, and represent you in court. They can help ensure that your rights are protected and work to achieve the best possible outcome for your case.
Can the value of stolen property be combined in a theft scheme charge?
Yes, in a theft scheme charge, the value of the stolen property from multiple thefts can be combined to determine the total amount, which influences the severity of the charge.
Conclusion
Theft scheme charges in Maryland are serious and carry felony exposure at higher dollar amounts. Knowing the charge, the penalties, and your defenses can change the outcome. If you are facing a theft scheme charge, contact FrizWoods LLC today to talk through your case and protect your rights.
