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Theft Under $100 in Maryland: What You Need to Know

In Maryland, theft charges are evaluated based on the value of the property taken. When the value is under $100, the offense is defined as a misdemeanor with a maximum penalty of ninety (90) days in jail. While a conviction under this section is a criminal offense, understanding the statutory language, penalties, and available defense strategies can help you protect your rights and achieve a favorable outcome.

Maryland Law on Theft Under $100

Maryland Code Section 7-104 codifies the crime of theft. According to Section 7-104, all theft under $100 is a misdemeanor with a maximum penalty of ninety (90) days in jail and/or a $500 fine.

Key Elements of a Theft Under $100 Charge

Under Section 7-104, the prosecution must prove that:

• You knowingly and unlawfully took or exercised control over property.
• You did so without the owner’s consent.
• You had the intent to permanently deprive the owner of that property.

The State does not need to prove the value of the theft when it is less than $100, although this is a defense to other forms of theft.

Potential Penalties and Legal Consequences

A conviction for theft under $100 in Maryland can lead to:

• Criminal Penalties: Fines, probation, or incarceration (up to 90 days in jail, as noted in some sentencing guidelines).
• Criminal Record: A conviction may result in a permanent criminal record, affecting future employment and housing opportunities.
• Collateral Consequences: Potential Immigration consequences and other collateral consequences that can follow a conviction.

Effective Defense Strategies

If you are facing a theft under $100 charge, an experienced criminal defense attorney can consider several defense strategies, such as:

• Challenging the Evidence: Your lawyer will examine whether the prosecution has conclusively proven that you intended to permanently deprive the owner of the property.
• Disputing the Valuation: Verify that the property’s value was correctly determined at the time of the offense.
• Identifying Procedural Errors: Ensure that all procedures followed during your arrest and investigation were in accordance with constitutional and statutory requirements.
• Raising Affirmative Defenses: In some cases, you may be able to argue that you did not know the property was stolen or that you received it in good faith.

Additional Resources

• Shoplifting Lawyer: For issues involving shoplifting specifically, visit our Shoplifting Lawyer page, or our going to court for a shoplifting case page.

• General Theft Information: Our Theft Cases page offers broader insights into various types of theft-related charges.

• Criminal Defense Overview: Learn more about our comprehensive approach to criminal defense on our Maryland Theft lawyer page.

Frequently Asked Questions

Q: What does Maryland Code Section 7-104 define as theft under $100?

A: Section 7-104 defines theft as unlawfully taking or exercising control over property without the owner’s consent, with the intent to permanently deprive the owner, where the property’s value is less than $100.

Q: What penalties can I face for a theft under $100 charge in Maryland?

A: Depending on the circumstances and any prior record, penalties can include fines, probation, or up to 90 days of incarceration.

Q: Can I challenge a theft under $100 charge?

A: Yes, defense strategies include challenging the evidence, disputing the property’s valuation, and identifying any procedural errors during your arrest or investigation.

Protect Your Future

A theft under $100 charge can have long-lasting consequences, but a strong legal defense can mitigate these effects. If you or someone you know is facing such charges, act quickly to secure experienced legal representation. Contact our team for a free consultation today.