Theft and shoplifting charges are among the most common criminal matters handled in Baltimore County courts. At Shepard Law in Towson, we frequently represent clients facing these allegations, ranging from minor shoplifting incidents at local retailers to more serious theft accusations. A conviction— even for a first-time offender—can carry lasting consequences, including impacts on employment, housing, and professional licensing. Understanding your options is essential.
This comprehensive guide explains Maryland theft laws as they apply in Baltimore County, potential penalties, defenses available to first-time offenders, and the expungement process.
Understanding Theft and Shoplifting Under Maryland Law
Maryland consolidates various property crimes under a single theft statute in Criminal Law Article § 7-104. Shoplifting typically falls under this general theft provision and involves willfully obtaining or exerting unauthorized control over property with the intent to deprive the owner.
Penalties are determined primarily by the value of the stolen property or services:
- Less than $100: Misdemeanor. Maximum penalty is 90 days in jail and/or a $500 fine.
- $100 to less than $1,500: Misdemeanor. For a first conviction, up to 6 months in jail and/or a $500 fine. Subsequent convictions increase to up to 1 year.
- $1,500 to less than $25,000: Felony. Up to 5 years in prison and/or a $10,000 fine.
- $25,000 to less than $100,000: Felony. Up to 10 years and/or a $15,000 fine.
- $100,000 or more: Felony. Up to 20 years and/or a $25,000 fine.
In addition to criminal penalties, convicted individuals face civil liability to the merchant, which may include restitution for the value of the property plus a civil penalty (often double the value, with minimum and maximum limits). Baltimore County prosecutors and judges take these cases seriously, particularly amid concerns over organized retail theft.
Common Scenarios in Baltimore County
Shoplifting cases in Towson and surrounding areas often arise at major retailers, malls, or local stores. Factors that influence charging decisions include the value of items, whether the property was recovered, prior record, and any evidence of intent (such as concealment or attempted exit from the premises). First-time offenders may benefit from more lenient considerations, but prosecutors still pursue accountability.
Other related theft charges include theft by deception, possession of stolen property, or theft scheme, which can elevate the severity if multiple incidents are aggregated.
First-Time Offender Options in Baltimore County
Maryland law and local court practices provide several pathways for first-time, non-violent offenders to avoid a permanent criminal conviction. These options are particularly relevant in Baltimore County District and Circuit Courts.
Probation Before Judgment (PBJ)
PBJ allows a judge to defer judgment after a guilty plea or finding. The defendant is placed on probation with specific conditions (such as community service, restitution, or counseling). Upon successful completion, the court strikes the guilty finding, resulting in no conviction on the record. This is a powerful tool for first-time theft offenders, especially in lower-value cases.
Charge Reduction or Dismissal
An experienced defense attorney can negotiate reductions (e.g., felony to misdemeanor) or seek outright dismissal based on weaknesses in the evidence, such as lack of intent, mistaken identification, or improper search and seizure.
Success with these options often hinges on demonstrating strong character, remorse, and low risk of reoffending. At Shepard Law, we work diligently to present mitigation evidence, including employment history, family responsibilities, and community ties, to advocate for the most favorable outcome.
Stet
In some cases, an experienced defense attorney may be able to convince the State to mark the case as a stet, usually with the condition that the Defendant pay restitution or perform community service.
The Long-Term Impact of a Theft Conviction
A theft conviction creates a permanent criminal record that can affect:
- Employment background checks
- Professional licensing applications
- Housing and rental approvals
- Educational opportunities and financial aid
- Security clearances
For these reasons, pursuing first-offender alternatives and, ultimately, expungement is a priority for many clients.
Expungement of Theft and Shoplifting Records in Maryland
Expungement removes eligible records from public view, providing a fresh start. Maryland offers pathways for both non-convictions and certain convictions.
For Non-Convictions (acquittal, dismissal, nolle prosequi, or PBJ): You can generally petition for expungement after a short waiting period (often immediately or after three years, depending on the disposition).
For Convictions: Certain theft convictions are expungable after a waiting period:
- Eligible misdemeanors: Often after 5–7 years.
- Felony theft: Typically after 10 years from conviction or completion of sentence.
The process involves filing a Petition for Expungement with the court where the case was resolved. The State’s Attorney receives notice and may object. A hearing may be scheduled if there is opposition.
How Shepard Law Can Help
As a Towson-based criminal defense attorney serving Baltimore County exclusively, Stephen P. Shepard brings deep local knowledge of the District and Circuit Courts. Our firm provides client-centered representation focused on protecting your future while delivering aggressive advocacy.
We offer:
- Thorough case evaluation and evidence analysis
- Negotiation for PBJ, stet, or dismissal
- Representation at hearings and trials
- Guidance through the expungement process
If you or a loved one faces theft or shoplifting charges in Baltimore County, early intervention is critical. Contact Shepard Law today for a free consultation to discuss your specific situation and explore the best path forward.
