Salisbury Theft Lawyer
If you are facing theft charges, you may be worried about a criminal record’s potential impact on your life and liberty. Fortunately, an experienced attorney could provide you with the answers and assistance you need.
A conviction for theft will reflect on your integrity, and a guilty verdict could prevent you from obtaining certain jobs and work in certain places. A Salisbury theft lawyer could help you understand the charges against you and present a robust defense to help you avoid the harshest consequences of this crime.
What is Theft?
Theft involves taking control or possession of someone else’s property through deceit or dishonesty with the intent of depriving the rightful owner of its use. If force is used during the commission of the crime, the offense is elevated to robbery.
Even finding and keeping something valuable without taking steps to identify the owner could be considered theft in certain circumstances. State law identifies several crimes that come belong under the category of theft, including:
- Shoplifting
- Larceny
- Embezzlement
- Receiving stolen property
- Stealing services
- Writing bad checks
A seasoned Salisbury attorney could assess whether the evidence supports a theft charge in a particular circumstance and challenge the prosecutor’s ability to prove the crime.
Consequences of Theft Conviction
The penalties associated with a theft conviction depend on the value of the item that was allegedly stolen. Theft of lower-value property is a misdemeanor, while theft of higher-value property could be a felony. Regardless of the value of the property, all persons who have been convicted of theft must either restore the property to its legal owner or repay the owner the value of the property or services.
Misdemeanor Theft
Upon conviction for theft of property or services valued at less than $100, an offender is subject to a sentence of no more than 90 days in jail, a $500 fine, or both. If the property or service is valued at more than $100 but less than $1000, a conviction carries a penalty of up to 18 months in jail, a $500 fine, or both.
Felony Theft
Conviction for theft of property or services worth more than $1000 is a felony. When the value is less than $10,000, the offender could face up to ten years of incarceration, a $10,000 fine, or both. Theft of property valued at more than $10,000 but less than $100,000 carries a prison term of up to 15 years, a $15,000 fine, or both. If the value exceeds $100,000, the convicted offender faces up to 25 years in prison, a $25,000 fine, or both.
Defenses to Theft
Law enforcement and the prosecution must respect a defendant’s Constitutional rights during a criminal investigation and the ensuing legal proceedings. If the police or prosecutors infringed on the accused’s rights in any way, a defense attorney could use that misbehavior to get their charges dismissed.
To obtain a conviction, the prosecution must establish beyond a reasonable doubt that the defendant committed the crime. This is a difficult standard to meet, as it requires convincing a jury that there is no other plausible explanation except that the accused is guilty.
There are some specific defenses to theft set out in Maryland Code Annotated [Criminal] §7-100. According to this rule, a defendant cannot be convicted of theft if they believed in good faith that they had the right to possess or exercise control over the property. Another theft defense that a Salisbury lawyer could explain further would be proving that the accused’s spouse owns the property, if the couple was living together at the time of the alleged crime.
Seek Professional Help from an Experienced Salisbury Theft Attorney
A theft conviction could have a lasting impact on a person’s life and relationships, even if their sentence is lenient. It may be beneficial to take every possible measure to avoid a conviction by preparing a strong defense with the help of a legal professional, so contact a Salisbury theft lawyer for help as soon as you can. Call today to schedule an initial consultation.