Felony Theft Amount and Penalties in Maryland

Theft becomes a felony when the value of the property or services is at least $1,500. Tiers: less than $100 — misdemeanor, up to 90 days and/or $500; at least $100 but less than $1,500 — misdemeanor, up to 6 months and/or $500 (first conviction), up to 1 year and/or $500 (second or subsequent); at least $1,500 but less than $25,000 — felony, up to 5 years and/or $10,000; at least $25,000 but less than $100,000 — felony, up to 10 years and/or $15,000; $100,000 or more — felony, up to 20 years and/or $25,000. Restitution is required at every tier. A person with four or more prior theft convictions convicted of theft under $1,500 faces up to 5 years and/or $5,000 if the State's Attorney gives the required notice.

Maryland does not grade felonies into numbered classes in the statutes reviewed; each offense statute states whether the crime is a felony or misdemeanor and sets its own maximum prison term and fine. Example (theft): $1,500 to under $25,000 — felony, up to 5 years and/or a fine up to $10,000; $25,000 to under $100,000 — felony, up to 10 years and/or $15,000; $100,000 or more — felony, up to 20 years and/or $25,000.

Misdemeanors are likewise not divided into general classes; the penalty is set in each offense statute. Example (theft): $100 to under $1,500 — misdemeanor, up to 6 months and/or a fine up to $500 for a first conviction (up to 1 year for a second or subsequent); under $100 — misdemeanor, up to 90 days and/or a fine up to $500. Some misdemeanors are punishable by confinement in the penitentiary (Cts. & Jud. Proc. § 5-106(b)).