What Maryland's New Theft, Harassment, and Testimony Laws Mean for Criminal Defense Cases
- Frank Benvenuto, P.A.
- 9 hours ago
- 4 min read
Maryland has enacted several important criminal law changes that directly affect how theft, harassment, and testimony issues are handled in court. These updates, many of which took effect in 2025, change how cases may be charged, prosecuted, and defended.
As a Maryland criminal defense attorney with over 33 years of experience, I believe it is critical for people facing charges — and their families — to understand how these new laws may impact their rights and their cases.
Below is a clear breakdown of what changed and why it matters.
New Maryland Theft Laws: Organized Retail Theft and Case Consolidation
One of the most significant changes affects theft prosecutions, particularly cases involving multiple incidents.
What Changed
Maryland law now allows prosecutors to combine multiple theft offenses — even if they occurred in different counties — into a single case under certain circumstances. Courts may also classify a series of thefts as organized retail theft, which can carry more serious consequences.
Why This Matters
This change can:
Increase potential penalties
Elevate misdemeanor theft into more serious charges
Allow prosecutors to argue a pattern of behavior rather than isolated incidents
For defendants, this means early legal representation is more important than ever, as how charges are grouped can significantly affect sentencing exposure.
Expanded Harassment and Visual Surveillance Laws
Maryland has also expanded how harassment and visual surveillance are defined under criminal law.
What Changed
The law broadens the conduct that may qualify as harassment, particularly involving:
Repeated electronic communications
Visual recording or surveillance without consent
Behavior connected to peace orders and protective orders
Repeat violations may now carry clearer misdemeanor penalties.
Why This Matters
Many harassment cases involve gray areas — text messages, social media activity, or disputes between people who know each other. Under the expanded definitions, actions that previously may not have resulted in criminal charges could now be prosecuted more aggressively.
These cases often turn on context, intent, and credibility, making experienced defense strategy critical.
Changes to Spousal and Former Spousal Testimony
Another important update involves spousal testimony in criminal cases.
What Changed
Maryland law now clarifies that, in certain cases, a former spouse may be treated similarly to a current spouse when determining whether testimony is permitted or restricted. The law also addresses confidentiality of marital communications.
Why This Matters
Testimony issues can dramatically shape a criminal case. These changes may:
Affect whether certain statements can be admitted
Impact domestic-related cases
Influence how prosecutors attempt to use prior relationships as evidence
Understanding when testimony is admissible — and when it is not — can make or break a defense.
How These Changes Affect Criminal Defense Strategy
Taken together, these new laws signal a broader shift in how Maryland prosecutes certain offenses. For defendants, that means:
Charges may be more complex
Penalties may be higher
Early mistakes can have long-term consequences
Defense strategy must now account for:
Case consolidation risks
Expanded definitions of criminal conduct
New evidentiary rules
This is not the time to assume charges are “minor” or will simply go away.
What To Do If You Are Facing Charges in Maryland
If you are being investigated or charged with theft, harassment, or a related offense, the most important step is to speak with an experienced criminal defense attorney as early as possible.
With over 33 years of experience defending clients across Maryland, I help people understand:
What the charges actually mean
How new laws may affect their case
What options are available moving forward
Every case is different, and outcomes depend on details — not assumptions.
Speak With Frank Benvenuto Today
Changes in the law can create new risks — but also new opportunities for defense.
If you or a loved one is facing criminal charges in Maryland, I encourage you to get reliable legal guidance before making decisions that could affect your future.
Call Frank Benvenuto at 443-783-2451 to discuss your case and understand how Maryland’s new criminal laws may apply to you.
Frequently Asked Questions: New Maryland Criminal Law Changes (Theft, Harassment, Testimony)
What are the new Maryland theft law changes?
Maryland law now allows certain theft offenses to be grouped together and prosecuted as a single case in some situations, including cases involving multiple incidents. This may increase the seriousness of charges and the potential penalties depending on the facts.
What is “organized retail theft” in Maryland?
Organized retail theft generally refers to a pattern of theft activity involving multiple acts or coordinated conduct. Whether a case qualifies depends on how the incidents occurred and how the State chooses to charge the case.
Can theft charges be combined across counties in Maryland?
In some situations, multiple theft incidents may be joined into one prosecution even if they occurred in different counties. This can impact exposure and defense strategy, so it’s important to get legal advice early.
What changed in Maryland’s harassment laws?
Maryland expanded how certain harassment-related conduct may be defined and prosecuted, including conduct involving electronic communications and behavior connected to peace orders or repeat violations, depending on the circumstances.
Can text messages or social media lead to harassment charges in Maryland?
Yes. In many cases, allegations involve texts, calls, social media messages, or other electronic contact. These cases often depend on context, intent, credibility, and whether the communication was unwanted or repeated.
What changed about spousal or former spousal testimony in Maryland?
Maryland clarified how spousal and, in some situations, former spousal testimony may be treated in criminal cases, including how certain communications may be considered confidential or admissible.
How do these new laws affect criminal defense cases?
These changes may affect charging decisions, how prosecutors present patterns of conduct, and what evidence may be used. Defense strategy may need to address case consolidation, expanded definitions, and testimony rules.
What should I do if I’m being investigated or charged in Maryland?
Do not assume the matter is “minor.” The best step is to speak with an experienced criminal defense attorney as soon as possible so you understand your rights and options before making statements or decisions.
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