In Maryland, the line between a misdemeanor and a felony theft charge can be a matter of a few hundred dollars. The line between a conviction and a clean record can be the quality of your defense. At Atkinson Law, we have spent more than a decade making sure our clients land on the right side of both.

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A Theft Charge Can Follow You Into Every Job Application, Housing Form, and Background Check for Life

Theft convictions carry a particular stigma that follows people well beyond any sentence. Employers see it as a trust issue. Landlords see it as a risk. Professional licensing boards see it as a character concern. And unlike some other charges, a theft conviction on your record sends a specific message that prospective employers, creditors, and institutions draw conclusions from — often before you have a chance to explain.

Maryland’s theft law covers a wide range of conduct — from shoplifting a $50 item to a large-scale embezzlement scheme — and the penalties escalate dramatically based on the value involved. A charge that starts as a misdemeanor can become a felony carrying years in prison if the alleged value crosses certain thresholds. And in cases where the prosecution has latitude to characterize the value of what was taken, how your attorney argues those facts matters enormously.

At Atkinson Law, we approach theft cases with two priorities: challenging the prosecution’s evidence and characterizations at every turn, and protecting your record from the long-term consequences that follow a conviction. Two attorneys review every case we handle — because theft defense rewards the kind of factual precision and strategic preparation that a single perspective can miss.

Back to Criminal Defense

Our Approach to Theft Defense

Whether you’re facing a shoplifting charge or a felony theft allegation, every case we handle is built around the same three commitments:

In Maryland, a Few Hundred Dollars Can Be the Difference Between a Fine and Prison

Maryland consolidates most theft-related offenses under a single statute and grades the severity of the charge based primarily on the value of the property or services alleged to have been taken. Here is exactly how the penalty tiers break down:

•        Under $100: Misdemeanor. Maximum 90 days in jail and a $500 fine. This tier typically covers minor shoplifting and small-value theft.

•        $100 to $1,499: Misdemeanor. Maximum 6 months in jail and a $500 fine for the first tier; up to 18 months and a $500 fine for the upper range. Still a misdemeanor, but the record consequences are the same as any conviction.

•        $1,500 to $24,999: Felony. Maximum 5 years in prison and up to $10,000 in fines. Crossing into felony territory changes everything — sentencing exposure, collateral consequences, and the long-term impact on your record.

•        $25,000 to $99,999: Felony. Maximum 15 years in prison and up to $15,000 in fines.

•        $100,000 or more: Felony. Maximum 25 years in prison and up to $25,000 in fines. At this level, theft charges carry sentencing exposure comparable to many violent crimes.

Two things are worth understanding about these tiers. First, the prosecution determines how they characterize the value — and we challenge that characterization aggressively when the facts support it. The difference between a $1,400 misdemeanor and a $1,500 felony is $100, and how an item’s value is assessed and argued can determine which side of that line your case falls on. Second, a prior theft conviction can result in enhanced penalties under Maryland’s repeat offender provisions, making the stakes even higher the second time around.

Maryland Calls It “Theft.” The Conduct It Covers Runs an Enormous Range.

Maryland’s theft statute is intentionally broad, consolidating what used to be separate offenses — larceny, embezzlement, false pretenses, and others — into a single framework. Here’s what we defend:

Shoplifting — Smaller Charges With Bigger Consequences Than Most People Expect

Shoplifting is the most common theft charge we see, and it’s often the one clients underestimate. Even a first-offense shoplifting charge for a low-value item results in a criminal record — and that record shows up on background checks for every employer, landlord, and licensing board that runs one. We pursue dismissals and probation before judgment for shoplifting clients specifically to prevent a minor incident from becoming a permanent label.

Larceny — The Taking of Property Without Permission

Classic larceny — taking someone’s property without authorization and with the intent to permanently deprive them of it — is the baseline theft offense. The key elements are intent and permanence, both of which the prosecution must prove and both of which can be challenged depending on the facts of the situation.

Larceny by Trick and False Pretenses — When Deception Is the Allegation

These charges arise when someone allegedly obtains property or money through deception, misrepresentation, or false statements. They’re common in contractor fraud cases, real estate-related fraud, and consumer transactions gone wrong. Intent and the nature of the alleged misrepresentation are central to the defense.

Larceny After Trust and Embezzlement — When the Alleged Taking Was by Someone With Access

Embezzlement and larceny after trust charges arise when someone in a position of financial trust — an employee, a bookkeeper, a fiduciary — is alleged to have taken money or property that was entrusted to them. These cases often involve complex financial records, disputed accounting, and questions about authorization that require careful forensic examination rather than simple factual disputes.

Identity Theft — Maryland’s Enhanced Penalties for Personal Information Crimes

Maryland takes identity theft seriously, and the statute covers a wide range of conduct involving the unauthorized use of another person’s identifying information for financial gain. Penalties are graded by the value involved and can reach felony territory quickly. These cases often involve digital evidence, financial records, and questions about authorization that benefit from thorough technical examination.

Receiving Stolen Property

You don’t have to have taken property yourself to be charged with theft in Maryland. Knowingly receiving, retaining, or disposing of stolen property is a separate theft offense that carries the same penalty tiers as direct theft, graded by the value of the property involved. The key element — knowledge that the property was stolen — is a factual question that we examine carefully in every case.

Robbery — When Theft Involves Force or Threat

Robbery is theft accompanied by force, threat, or intimidation against a person. Maryland treats robbery as a serious felony — armed robbery with a deadly weapon carries a maximum sentence of 20 years — and it is prosecuted aggressively. These cases require vigorous defense at every stage, from bail through trial.

Theft Charges Require Evidence. Evidence Can Be Challenged.

To convict you of theft in Maryland, the prosecution must prove every element of the charge beyond a reasonable doubt — including the taking, the intent to permanently deprive, and the value of what was allegedly taken. Every one of those elements is contestable. Here’s where we look:

Intent — The Element That’s Easier to Allege Than to Prove

Maryland’s theft statute requires that the taking be intentional — not accidental, not mistaken, not based on a reasonable belief of ownership or authorization. Cases involving genuine mistakes, disputed authorization, or ambiguous circumstances often turn entirely on whether the prosecution can actually prove intent beyond a reasonable doubt. We build defenses around this element aggressively when the facts support it.

Surveillance Footage — What It Shows and What It Doesn’t

Store surveillance and body camera footage is often the centerpiece of a shoplifting or theft prosecution. We examine that footage carefully — not just what it captures but what it misses, what was out of frame, whether the quality supports the identification, and whether the footage has been selectively edited or presented. A 60-second clip doesn’t always tell the complete story of what happened.

Witness Reliability and Store Loss Prevention Procedures

In shoplifting cases, loss prevention personnel often play a central evidentiary role. We examine whether they followed proper observation and detention procedures, whether their identification is reliable, and whether any statements they claim the defendant made were properly documented and voluntary. Procedural failures by loss prevention can be powerful defense tools.

Value Disputes — Because the Number Determines the Grade

The prosecution’s characterization of the value of allegedly stolen property is not the final word. We challenge valuation when the methodology is flawed, when retail price overstates actual value, or when items have been grouped or valued in ways that artificially elevate the charge tier. A well-argued value dispute can mean the difference between a misdemeanor and a felony — or between a minor fine and years in prison.

Diversion, Probation Before Judgment, and First-Offender Options

For first-time theft offenders, Maryland offers diversion programs and probation before judgment that can result in no conviction on your permanent record. These options are time-sensitive and depend on the specific facts of your case and your prior history. We evaluate them honestly for every eligible client and pursue them when they represent the best outcome for your record and your future.

The People We Represent Most Often — and What Brings Them to Us

First-Time Offenders Facing Shoplifting or Misdemeanor Theft Charges

A first theft charge — even a minor one — is serious because of what it leaves behind on your record. Our priority for first-time clients is always keeping this off their permanent record. Probation before judgment and diversion programs often make that possible. One lapse in judgment should not become a permanent label, and we fight hard to make sure it doesn’t.

Employees Facing Embezzlement or Workplace Theft Allegations

Workplace theft allegations are often more complicated than they appear. Disputed authorization, accounting errors, miscommunication about compensation arrangements, and overzealous employer accusations are all common. We examine the financial records, the employment relationship, and the specific conduct alleged before accepting any characterization at face value.

People Charged Based on Mistaken Identity or Disputed Circumstances

Not every person charged with theft was the person who did it. Misidentification, disputed ownership, honest mistakes, and situations where the alleged theft was actually authorized are all legitimate and powerful defenses. We investigate the full facts of every case — not just what’s in the police report — to make sure the true picture is presented.

Professionals Whose Careers Are on the Line

A theft conviction is particularly damaging for professionals in roles that require trust — financial services, healthcare, education, real estate, and others. The licensing and employment consequences of a conviction can dwarf the direct criminal penalties. We understand what’s at stake beyond the courtroom and factor it into every strategic decision we make.

People Facing Felony Theft or High-Value Allegations

When theft charges cross into felony territory — whether through value, prior history, or alleged conduct — the stakes are in a different category entirely. These cases require experienced, thorough defense from the earliest stages. We handle them with the urgency and preparation that level of consequence demands.

More Than a Decade of Theft Defense in Baltimore County and Harford County

We Diagnose the Case Before We Build the Defense

The current page uses this phrase, and it captures exactly how we work. Before we recommend any course of action, we assess the full picture — the evidence, the charge, the value dispute, the prior history, and what a realistic range of outcomes looks like. We don’t approach any theft case with a one-size strategy. We approach it with the facts.

Two Attorneys Means Two People Looking at the Prosecution’s Evidence

Theft cases often hinge on specific factual details — a disputed value, a surveillance gap, an identification that isn’t as clean as the prosecution claims. Two attorneys reviewing your case means two people examining those details together, pressure-testing the defense strategy, and making sure the strongest possible argument is built before we ever set foot in a courtroom.

We Pursue Record Protection as Aggressively as Case Resolution

A theft charge dismissed at trial still leaves a public arrest record unless steps are taken to expunge it. A conviction closed with probation still shows on background checks. We advise every client not just on how to resolve the charge but on what record-protection options exist afterward — because the charge itself is only the beginning of what we’re fighting for.

Free Initial Consultations for Criminal Defense Clients

We offer free initial consultations for all theft defense clients. Call us — the sooner we’re involved, the more options we can preserve and pursue.

A Mistake Should Not Define the Rest of Your Life. We’re Here to Make Sure It Doesn’t.

Whether you’re facing a first-offense shoplifting charge or a felony theft allegation, Atkinson Law will review your case without judgment, explain your options honestly, and fight for the best outcome the facts can support. Your record — and your future — are worth defending.

Two attorneys. One coordinated plan. No judgment.

Protect. Preserve. Rebuild.

Serving clients in White Marsh, Bel Air, Towson, Parkville, and throughout Baltimore County and Harford County, Maryland.

[ Schedule a Free Consultation ]  |  [ 410-882-9595 ]  |  [ 443-384-0013 (Bel Air) ]