Can I Be Charged With Theft if Someone Gave Me Stolen Property?

 Posted on September 14, 2026 in Burglary and Theft

You can be charged with theft in Maryland even if you did not steal the property yourself. This can happen as long as the state can show you knew the property was stolen or believed that it probably had been stolen. Simply having been given something by another person is not automatically a crime. But what you knew or believed at the time can make the difference between a criminal conviction and walking free. 

If you are facing a theft charge in 2026, our Centreville, MD criminal defense lawyers can help you understand the charges and possible defenses.

What Does Maryland Law Say About Possessing Stolen Property?

Under Maryland Code, Criminal Law Section 7-104(c), a person may not possess stolen personal property while knowing it has been stolen. The law also covers a person who believes the property probably has been stolen. This applies if they intend to deprive the owner of it, or use, conceal, or abandon it in a way that does. 

This means the state does not have to prove you took part in the original theft. However, knowing or believing that the property was stolen is only part of what the state must prove.

What Does "Knowing or Believing" Mean Under Maryland's Stolen Property Law?

Prosecutors do not need a confession that you stole something. They also do not need direct proof that someone told you the item was stolen. Instead, they can rely on circumstantial evidence. This might include an unusually low price, a seller who wanted cash only, or property that still had someone else's name or identifying marks on it. Courts look at the full picture of the circumstances, not just isolated details.

Can You Be Convicted of Theft if You Genuinely Did Not Know Property Someone Gave You Was Stolen?

If you did not know the property was stolen and did not believe that it probably had been stolen, you shouldn’t be convicted. Maryland's law is built around what you actually knew or believed, not simple possession. Maybe you paid a fair price; maybe it was a gift. Maybe you received the item through a normal transaction and saw no signs that it was stolen. That context can support a defense that you lacked the knowledge or belief the law requires.

Special Rules for Businesses

If you buy or sell goods as part of a business, Maryland law makes it easier for prosecutors to argue that you knew the property was stolen in certain situations. One example is possessing property stolen from more than one person on separate occasions. Another is acquiring stolen property in a separate deal sometime in the past year. A third is buying the kind of property your business normally sells for a price you knew was far too low.

What Penalties Apply to Possessing Stolen Property in Maryland?

Penalties scale based on the value of the property involved. The specific way it was obtained does not change the penalty structure. Property worth under $100 is generally charged as a lower-level misdemeanor. Property worth $1500 or more can be charged as a felony carrying years in prison.

The charge itself does not distinguish between someone who stole the item and someone who merely possessed it. Because of this, understanding exactly what you are accused of is an important first step.

How Can You Prove You Didn't Know the Property Someone Gave You Was Stolen?

The burden is on the state to prove you knew that property you were given was stolen. But the strength of your own evidence is still an important part of the case. A receipt, a payment record, or a message thread showing how the item changed hands can directly counter the idea that anything looked suspicious.

If the item came from an online marketplace or classified ad, the original listing can be important evidence. These posts are often taken down quickly, so saving these is important whenever possible. If the seller made any specific claims about where the item came from, write those down while you still remember them accurately.

Contact Our Anne Arundel County, MD Theft Crimes Defense Attorneys

The team at Henley & Henley, Attorneys at Law brings over 50 years of combined legal experience to these cases. We typically handle theft charges like this for a flat fee, so clients know what to expect from the start.

If you are facing a theft charge involving property someone else gave you, talk with our Centreville, MD criminal defense lawyers today. Call 410-280-0530 to schedule your consultation.