A former Caroline County deputy is awaiting sentencing towards the end of this month for violating his presentence release terms in November. Steven Biddle pleaded guilty to felony theft in August after allegedly reaching out to several community members and loved ones for exorbitant amounts of money under the false guise of damages for a car accident.

Biddle allegedly wore his deputy uniform while requesting at least $100,000 of donations from multiple victims. After voluntarily entering an Alford plea for felony theft, he was required to remain detained in his residence and wear an ankle bracelet until his sentencing date. However, Biddle’s alleged erratic behavior caused prosecutor Adam Lippe to file a request to the court asking to revoke Biddle’s presentence and schedule a hearing.

How does the law categorize theft?

“Theft” is when a person takes another person’s property without permission and with the intention of eternally depriving the owner of their property. Under federal law, theft is categorized as larceny. According to the Federal Bureau of Investigation’s Uniform Crime Reporting (UCR) Program, the United States experienced an estimated 5,217,055 larceny thefts nationwide in 2018.

In Maryland, theft includes everything from embezzlement and shoplifting to receiving stolen property and stealing “services,” such as tapping into your neighbor’s cable box. The law states:

A person may not willfully or knowingly obtain or exert unauthorized control over property, if the person:

• intends to deprive the owner of the property;
• willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or
• uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.

Those three factors apply to taking property, receiving property, or using deception to take or receive property.

There are particular factors that help to classify the severity of a theft charge. If a person steals property below a specific threshold – typically less than $1500 – that person can be guilty of committing petty theft. This type of theft is typically classified as a misdemeanor. Any type of theft that involves property or services with a value higher than the petty theft limit is classified as grand theft. Grand theft is a more severe charge that is usually classified as a felony.

Robbery vs. burglary

Both robbery and burglary are felony charges that involve theft, but they are not technically theft charges in Maryland. Burglary, for example, is the act of breaking into a structure with the intent to commit theft or cause harm. As such, Maryland classifies it as a property crime. Robbery, on the other hand, is classified as an assault against a person, because in order for a robbery charge to stick, one must have used force (or threatened to use force) against another person in an attempt to deprive them of their property.

In summation, while robbery and burglary charges imply a goal of depriving another person of property (or taking property from a structure), they are not struictly considered theft crimes in Maryland.

Can a person who confiscates lost property be charged with theft?

Under certain circumstances, a person who has lost property in their possession can be charged with theft. If a person could sensibly return the property to its owner but refuses to do so, the person could be guilty of theft. One common example involves coming across money on the ground. If a person comes across a $50 bill on the sidewalk, that person is not potentially guilty of theft if he or she keeps the money.

However, if the person notices the money around a particular vehicle or person and does not attempt to return the money, he or she has potentially committed theft. A person who decides to keep the money without attempting to return it to its owner is guilty of committing an offense known as “constructive” taking.

What are the penalties for theft convictions?

The penalties for a theft conviction range from jail time of up to 90 days and a $500 fine to a prison sentence of 25 years and a $250,000 fine. You may need to pay restitution, and you could be ordered to pay damages if convicted.

The collateral fallout, however, may be even worse. A theft conviction can keep you from certain types of employment, and can cost you your professional license or security clearance. Depending on the severity of the charges, you could be denied housing, government assistance, college loans, your right to carry a firearm or your right to vote.

What are some potential defenses to a theft offense?

One of the most common defenses against a theft offense is lack of intent. One of the elements that must be proven for the success of a theft conviction is the intent to take the victim’s property away from them permanently. If the defendant’s counsel can prove that the defendant had permission to take the property or had reasonable cause to believe that permission was granted to take the property, the intent element will not be proven.

Another common defense against a theft offense is duress. Duress is a defense for defendants who committed a crime under circumstances such as blackmail or the threat of violence. A defendant who stole property under these particular circumstances can use this particular defense in court against their theft charges.

Theft charges are serious. If you are facing a theft charge, you need the guidance of an experienced criminal defense attorney on your side. With offices based in Bowie, Crofton, and Owings, we have proudly served clients from Anne Arundel County, Calvert County, Prince George’s County, and the surrounding areas. We are here to help make sure that you have the best possible chance of receiving a favorable outcome of your case. You may call 301-464-2500, or fill out the contact form below to schedule a consultation.