Theft Attorney in Rockville, Maryland
If you find yourself facing theft charges in Maryland, it's crucial to approach the situation with a clear understanding of your rights and the legal process. Theft, ranging from minor shoplifting to grand theft, can carry serious consequences, including fines and imprisonment.
The first step is to consult with an experienced theft attorney at Mohammadi & Humayun, Attorneys at Law in Rockville, Maryland. We can guide you through the intricacies of the law and help build your defense.
Legal Definitions of Theft
Maryland's theft laws are codified under the Maryland Criminal Law Article, specifically § 7-104, which states that a person commits theft when they unlawfully take or exercise control over someone else's property with the intent to deprive the owner of it. The law covers various forms of theft, including:
Larceny: The most common form, involving the unlawful taking of someone else's property.
Shoplifting: Taking items from a store without paying for them.
Embezzlement: Wrongfully taking or misappropriating funds or property entrusted to one’s care.
Robbery: Taking property from a person through force or threat.
Burglary: Entering a building with the intent to commit theft or another crime.
Each type of theft has specific elements that must be proven for a conviction to occur.
Classifications of Theft
Theft in Maryland is classified into different degrees, primarily based on the value of the stolen property:
Petty theft: This involves property valued at less than $100. It's typically charged as a misdemeanor, carrying a maximum penalty of 90 days in jail and/or a fine of up to $500.
Grand theft: When the value of the stolen property is $100 or more, the charge escalates to grand theft, which is a felony. Penalties can include up to 15 years in prison and/or a fine of up to $15,000.
Other factors: The classification may also be influenced by the method of theft (e.g. whether force was used), the type of property stolen (e.g. firearms or motor vehicles), and whether the defendant has prior theft convictions.
Penalties for Theft
The consequences of a theft conviction in Maryland can be severe and vary widely based on the classification of the offense. Beyond incarceration and fines, a conviction may also result in:
Restitution: The court may order the defendant to pay back the victim for the value of the stolen property.
Probation: Some offenders may be sentenced to probation, during which they must adhere to specific conditions set by the court.
Criminal record: A theft conviction can have lasting effects on an individual’s employment prospects and personal reputation.
Defenses to Theft Charges
When facing theft charges, defendants have several potential defense strategies available to them. The effectiveness of these defenses can depend on the specifics of the case, including the evidence presented and the circumstances surrounding the alleged theft.
Common defenses include:
Lack of intent: For a conviction of theft, it must be proven that the defendant intended to permanently deprive the owner of their property. If the defendant can demonstrate that they didn't have this intent (e.g. they mistakenly believed the property was theirs), this defense can be effective.
Consent: If the defendant can prove that they had the owner’s permission to take the property, this can serve as a valid defense against theft charges.
Insufficient evidence: The prosecution must provide sufficient evidence to prove each element of the theft charge beyond a reasonable doubt. A strong defense can focus on challenging the evidence presented, such as witness testimonies, surveillance footage, or the chain of custody of the stolen items.
Mistake of fact: If the defendant genuinely believed that the property was abandoned or that they had a right to it, this misunderstanding can be a defense against theft charges.
Duress or coercion: If the defendant was compelled to commit theft due to threats of harm or other coercive pressures, this can serve as a defense.
Entrapment: In some cases, defendants may argue that they were induced by law enforcement to commit the theft, which they wouldn't have otherwise done.
The Role of Legal Counsel
Facing theft charges in Maryland requires a thorough understanding of criminal defense law, making the engagement of an experienced criminal defense attorney crucial for individuals accused of theft.
Here are some key ways in which a knowledgeable lawyer can assist you:
Develop a robust defense strategy: A knowledgeable attorney may develop a robust defense strategy by analyzing the evidence against you and identifying weaknesses in the prosecution's case, tailoring the strategy based on the specifics of your situation.
Negotiate plea deals: They may negotiate plea deals to work toward reducing the severity of the charges or penalties you face, exploring options for lesser charges that carry lighter consequences.
Advocate for reduced sentences: Your attorney may advocate for reduced sentences by presenting arguments for alternative sentencing options, such as probation or community service, and seeking to minimize any potential incarceration time.
Provide legal support and guidance: They'll provide essential legal support and guidance, helping you understand your rights and the legal process while explaining the implications of each decision you need to make..
Represent you in court: Your attorney may represent you in court, presenting your case effectively, arguing on your behalf, and challenging the prosecution's evidence and witnesses.
By engaging an experienced criminal defense attorney, you can work through the intricacies of the legal system more effectively, increasing your chances of a favorable outcome in your case.
The Impact of Prior Convictions
In Maryland, the law allows for prior convictions to be taken into account when determining penalties for theft offenses. This means that if you have a history of theft-related crimes, the consequences of a new charge can be significantly more severe.
Understanding how prior convictions influence sentencing is crucial for anyone facing theft charges, as it can lead to enhanced penalties, including longer prison sentences and increased fines.
Individuals with prior offenses should approach their defense with a comprehensive strategy aimed at mitigating the impact of their criminal history. Here are several key considerations:
Enhanced penalties: Defendants with previous theft convictions may face harsher penalties, which can include longer mandatory minimum sentences and steeper fines compared to first-time offenders.
Sentencing guidelines: Maryland’s sentencing guidelines often stipulate that repeat offenders are subject to stricter guidelines, which can result in substantial prison time for subsequent offenses.
Plea bargaining considerations: Individuals with prior convictions may have less leverage in plea negotiations. Understanding how your criminal history affects your options is essential for securing the best possible outcome.
Mitigation strategies: A skilled attorney may help develop mitigation strategies, such as demonstrating rehabilitation efforts, participation in community service, or engaging in programs that address underlying issues, like substance abuse.
Court perception: Prior convictions can influence how judges perceive a defendant during sentencing. A strong defense that showcases positive changes or character references may help counteract negative assumptions.
Legal representation: Having an experienced attorney who understands the nuances of Maryland law is vital. They may advocate for a more favorable interpretation of your prior convictions and work to minimize their impact on your current case.
By carefully addressing the implications of prior convictions, individuals can better work through their legal challenges and work towards a more favorable resolution.
While theft charges can be overwhelming, skilled legal representation can make facing these charges less stressful. Whether through negotiation or trial, having an advocate by your side is essential in pursuing the best possible resolution.