Shoplifting may seem like a minor mistake, but in Maryland, it can lead to serious legal trouble. Unlike some states, Maryland does not have a separate law for shoplifting.
One of the primary things to know about shoplifting charges in Maryland is that all theft–related offenses—including shoplifting—are prosecuted under the same criminal statute. That means even small thefts can result in criminal charges, fines, and jail time.
If you’ve been accused of shoplifting in Baltimore or anywhere in Maryland, contact a Baltimore criminal defense lawyer for support.
What Is Considered Shoplifting?
In Maryland, shoplifting falls under the general theft law found in Md. Code, Criminal Law § 7-104. This law defines theft as “willfully or knowingly obtaining or exerting unauthorized control over property” with the intent to deprive the owner of it.
You don’t have to leave the store to be charged with shoplifting. If you hide merchandise in your bag, walk past the checkout without paying, or even switch price tags to pay less, you can be arrested. These actions show intent to steal, which is enough to bring charges.
Loss prevention officers often wait until a person leaves the store before taking action, but they can also stop someone inside the store if they believe theft has occurred. In smaller stores, staff may act more quickly. Even if you didn’t succeed in stealing anything, you could still be charged with attempted shoplifting.
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Common Shoplifting Scenarios
Examples that could lead to charges:
- Walking past the checkout with unpaid items
- Concealing merchandise in a bag or clothing
- Changing price tags or barcodes
- Using fake coupons or receipts
- Returning stolen items for cash or store credit
These actions may seem minor, but they are treated seriously under Maryland law. Even first-time offenders can face criminal penalties.
Penalties for Shoplifting in Maryland
The punishment for shoplifting depends on the value of the stolen items. Maryland law breaks theft into five categories:
- Under $100
-
- Misdemeanor
- Up to 90 Days in Jail
- Up to $500 Fine
- $100-$1,500
-
- Misdemeanor
- Up to 6 months in Jail
- Up to $500 Fine
- $1,500–$25,000
-
- Felony
- Up to 5 years in Jail
- Up to $10,000 Fine
- $25,000–$100,000
-
- Felony
- Up to 10 years in Jail
- Up to $15,000 Fine
- Over $100,000
-
- Felony
- Up to 20 years in Jail
- Up to $25,000 Fine
Repeat offenders may face longer jail time and higher fines. In addition to criminal penalties, courts often require restitution—meaning you must pay back the value of the stolen items or return them.
According to the Maryland Judiciary Case Search, thousands of theft-related cases are filed each year, and many involve retail theft. In 2022 alone, over 15,000 theft cases were reported statewide.
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What Happens After an Arrest?
If you’re arrested for shoplifting, you may be taken to jail or released with a court date. You’ll have to appear before a judge, and the prosecution will present evidence against you. This may include:
- Store surveillance footage
- Witness statements
- Physical evidence (e.g., stolen items)
Possible Defenses to Shoplifting Charges
Every case is different, and our team at the Bishop Law Group takes a personalized approach to each client. Some common defenses include:
Lack of Intent
In Maryland, shoplifting charges require proof that the accused intended to take property unlawfully. If there was no intent to steal, then the legal foundation for the charge may be weak. This defense focuses on the mental state of the accused at the time of the incident.
Examples of lack of intent include:
- Accidentally leaving a store with an item you forgot to pay for.
- Believing the item was already paid for by someone else.
- Being distracted or confused, such as dealing with children or multitasking.
Mistaken Identity
Shoplifting charges in Maryland often rely on eyewitness accounts or surveillance footage, which can be flawed. Mistaken identity occurs when someone is accused of a crime they did not commit, often because they resemble another person or were simply in the wrong place at the wrong time.
Examples of mistaken identity include:
- Being confused with another customer who committed the theft.
- Being near the scene but not involved in the crime.
- Holding or transporting items for someone else who was shoplifting.
Improper Search
The Fourth Amendment of the U.S. Constitution protects individuals from unlawful searches and seizures. If law enforcement or store personnel conducted a search without proper legal justification, any evidence obtained may be inadmissible in court.
Examples of improper search include:
- Being searched without consent or a warrant.
- Being detained for an unreasonable amount of time without cause.
- Being physically restrained or interrogated without being informed of your rights.
Mental Health or Misunderstanding
Sometimes, individuals may not fully understand their actions due to mental health conditions, cognitive impairments, or temporary confusion. These factors can affect a person’s ability to form the intent required for a theft charge.
Examples of mental health or misunderstanding include:
- Suffering from conditions such as dementia, ADHD, or schizophrenia.
- Experiencing a panic attack or disassociation during the incident.
- Misinterpreting store policies or believing an item was free or promotional.
We understand that people make mistakes, and we believe everyone deserves a second chance. Our attorneys have experience as both prosecutors and public defenders, giving us a unique perspective on how to build strong defenses.
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First-Time Offenders and Diversion Programs
If this is your first offense, you may qualify for a diversion program. These programs allow you to avoid jail by completing community service, attending theft prevention classes, or paying restitution. Once completed, your charges may be dismissed.
What Is a Diversion Program?
A diversion program is a structured legal alternative to prosecution. Instead of proceeding to trial, the defendant agrees to complete specific conditions such as counseling, education, community service, or restitution. If the program is successfully completed, the charges may be dropped, and in some cases, the arrest record can be expunged.
Who Qualifies?
Eligibility varies by jurisdiction, but most diversion programs in Maryland are geared toward:
- First–time offenders with no prior criminal convictions
- Individuals charged with nonviolent misdemeanors, such as petty theft, shoplifting, minor drug possession, or disorderly conduct
- Defendants who demonstrate a willingness to take responsibility and participate in rehabilitation
Common Program Requirements
Participants in Maryland diversion programs may be required to:
- Attend educational classes (e.g., theft prevention, financial responsibility)
- Complete community service hours
- Pay restitution to victims
- Submit to drug or alcohol testing, if relevant
- Avoid any new criminal charges during the program period
Programs typically last between 12 and 24 months, depending on the offense and the jurisdiction.
Benefits of Diversion
The advantages of diversion programs are significant:
- Avoiding a criminal conviction, which can impact employment, housing, and education
- Opportunity for rehabilitation rather than punishment
- Reduced court costs and jail overcrowding
- Potential for expungement of the arrest record upon successful completion
According to the Maryland Governor’s Office of Crime Prevention and Policy, diversion initiatives—such as Law Enforcement Assisted Diversion (LEAD)—have shown promising results in reducing repeat offenses and improving outcomes for individuals with substance use or behavioral health challenges.
Types of Diversion Programs in Maryland
Pre–Charge Diversion
Offered before formal charges are filed. If the individual completes the program, charges may never be filed.
Post–Charge Diversion
Available after charges are filed but before trial. Completion can lead to dismissal or reduction of charges.
Conditional Plea Agreements
The defendant pleads guilty, but sentencing is delayed while they complete the program. If successful, the plea may be withdrawn and charges dismissed.
Local Examples
Queen Anne’s County Diversion Program offers courses in shoplifting, traffic safety, and underage drinking. Designed to rehabilitate and prevent future offenses.
The LEAD Program focuses on connecting individuals with treatment and support services instead of jail, especially for those with substance use disorders.
What Happens if You Don’t Complete the Program?
Failure to meet the program’s requirements—such as missing classes, failing drug tests, or committing another offense—can result in:
- Reinstatement of criminal charges
- Sentencing under the original offense
- Loss of eligibility for future diversion opportunities
Contact a Baltimore Criminal Defense Lawyer Today
If you or a loved one has been charged with shoplifting in Maryland, don’t wait. Contact the Bishop Law Group to schedule a free consultation. We’re here to listen, advise, and defend.
Call or text (410) 390-3101 or complete a Free Case Evaluation form
