MARYLAND CRIMINAL ATTORNEYS

DEFENDING LARCENY/THEFT/SHOPLIFTING/CREDIT CARD FRAUD/EMBEZZLEMENT CHARGES  

MARYLAND MISDEMEANOR AND FELONY THEFT DEFENSE

The penalty for a crime of mortal turpitude extends far beyond the conviction. A crime of moral turpitude is lying cheating or stealing in general. Almost every job that involves the handling of money asks whether you have been convicted of a theft crime. Institutions of higher learning do the same. Answer yes to these questions and you probably will not like the result. Theft of a even something so inexpensive as a candy bar whether you are juvenile or an adult can have dire results in regards to your future. The Maryland larceny defense attorneys in our Maryland office who help defend clients charged with theft offenses recognize the implication of being convicted of a larceny offense. If you have been charged with a Maryland theft offense, the Maryland law offices of SRIS, P.C. have a number of excellent Maryland larceny & shoplifting attorneys & embezzlement defense lawyers in its offices in Rockville and Annapolis. For more information or to make an appointment with SRIS, P.C. Maryland larceny lawyer, please call, send an e-mail or complete the on-line form, or call us at our toll free number.

To obtain a general overview of larceny, shoplifting, and embezzlement defense, please click here.

To learn more about the laws pertaining to larceny, shoplifting, and embezzlement in Virginia or Massachusetts, please click on the state.

The following are some of the different types of larceny charges one could face in the State of Maryland. Click on the issue you would like to learn more about:

• Rules of construction
• Unauthorized removal of property
• Prosecution as theft
• Failure to deliver documents for merchandise
• Using vehicle without owner's consent
• Misappropriation by bailee
• Defalcation
• Fraud, theft, and related crimes

MARYLAND LARCENY

CRIMES INVOLVING THEFT (LARCENY)

MD Code, Criminal Law § 7-102. Rules of construction (top)

Interpretation of part

(a) Conduct described as theft in this part constitutes a single crime and includes the separate crimes formerly known as:
(1) larceny;
(2) larceny by trick;
(3) larceny after trust;
(4) embezzlement;
(5) false pretenses;
(6) shoplifting; and
(7) receiving stolen property.

§ 7-203. Unauthorized removal of property (top)

Prohibited

(a) Without the permission of the owner, a person may not enter or be on the premises of another, and take and carry away from the premises or out of the custody or use of the other, or the other's agent, or a governmental unit any property, including:
(1) a vehicle;
(2) a motor vehicle;
(3) a vessel; or
(4) livestock.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction:
(1) is subject to imprisonment for not less than 6 months and not exceeding 4 years or a fine not less than $50 and not exceeding $100 or both; and
(2) shall restore the property taken and carried away in violation of this section or, if unable to restore the property, shall pay to the owner the full value of the property.

Prohibited defense

(c) It is not a defense to this section that the person intends to hold or keep the property for the person's present use and not with the intent of appropriating or converting the property.

§ 7-107. Bad checks--Prosecution as theft (top)

Scope of section

(a) A person who obtains property or a service by a bad check under the circumstances described in Title 8, Subtitle 1 of this article may not be prosecuted for theft under this part unless that person:
(1) makes a false representation that there are sufficient funds in the drawer bank to cover the check; and
(2) commits deception as provided under § 7-104(b) or (e) of this part.

Presumptions

(b) If a person is prosecuted for theft under this section, the presumptions of § 8-104 of this article apply to the same extent as if the person were prosecuted under § 7-104 of this part.

§ 7-116. Failure to deliver documents for merchandise (top)

Scope of section

(a) This section applies to a person who is entrusted with money as an advance against grain or other merchandise:
(1) that is purchased and stored in an elevator; and
(2) for which a certificate or receipt has been delivered to an official of the elevator storage facility or to the party with whom the grain or other merchandise is stored for shipment and transport to the purchaser.

Prohibited

(b) A person may not, for the person's own benefit and in bad faith, fail to deliver to the party who entrusted the person with money under the circumstances described in subsection (a) of this section as soon as the shipment of grain or other merchandise is completed and the bill of lading is delivered to the purchaser:
(1) the draft or bill of exchange and other document required for shipment of the cargo of grain or other merchandise; and
(2) any policy of insurance on the grain or other merchandise.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years or a fine not less than $500 and not exceeding $5,000 or both.

Statute of limitations and in banc review

(d) A person who violates this section is subject to § 5-106(b) of the Courts Article.

MD Code, Transportation, § 14-102. Using vehicle without owner's consent (top)

(a) A person may not drive any vehicle without the consent of its owner and with intent to deprive the owner temporarily of his possession of the vehicle, even if without intent to steal it.
(b) A person may not take a vehicle without the consent of the owner of the vehicle and with the intent to deprive the owner temporarily of the owner's possession of the vehicle, even if without the intent to steal the vehicle.
(c) The consent of the owner of a vehicle to the driving or taking of the vehicle may not in any case be presumed or implied because of the owner's consent on a previous occasion to the driving or taking of the vehicle by the same or a different person.

§ 7-202. Misappropriation by bailee (top)

Prohibited

(a) A bailee for hire, or a servant, agent, or employee of the bailee, may not willfully appropriate and use, or allow the appropriation and use of, any property that is the subject matter of the bailment without the consent of the owner of that property.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $100 or both.

§ 7-114. Defalcation (top)

Prohibited

(b) A revenue officer may not willfully detain and neglect to pay money due to the State, a county, or other governmental entity into the Treasury of the State or a county or to another revenue officer authorized to receive the money longer than:
(1) 60 days after the date specified by law for the revenue officer to make payment; or
(2) 6 months after the date that the money is collected, if the law does not specify a date for the revenue officer to make payment.

Penalty

(c)(1) A revenue officer who violates this section is guilty of the misdemeanor of defalcation.
(2) On conviction, and unless the revenue officer pays the amount in default sooner, a revenue officer who violates this section:
(i) for each violation, is subject to imprisonment for not less than 1 year and not exceeding 5 years; and
(ii) is subject to any other penalty provided by law.

Statute of limitations and in banc review

(d) A revenue officer who violates this section is subject to § 5-106(b) of the Courts Article.
Evidence(e) In a prosecution under this section, a certificate of the Comptroller of the State or of a revenue officer of a county showing that the defendant is a defaulter is admissible as prima facie evidence of defalcation under this section.

§ 1-401. Proof of intent--Fraud, theft, and related crimes (top)

In a trial for counterfeiting, issuing, disposing of, passing, altering, stealing, embezzling, or destroying any kind of instrument, or theft by the obtaining of property by false pretenses, it is sufficient to prove that the defendant did the act charged with an intent to defraud without proving an intent by the defendant to defraud a particular person.

The Maryland larceny attorneys and Law Offices of SRIS, P.C., is located in Rockville and Annapolis but our sphere of activity is statewide. Our Maryland Larceny and Embezzlement attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C. Maryland theft defense lawyer, please call, send an e-mail or complete the on-line form.

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