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Burglary of a Motor Vehicle, Possession of Burglary Tools or Burglary With Destructive Devices in Waldorf, Maryland

In a previous article, we discussed various crimes and degrees of charges involving burglary. Generally, the crime of burglary involves some form of breaking and entering (two separate criminal elements) along with an intent to steal. As discussed in the earlier article, in Maryland, there are four degrees of burglary.

But Maryland also criminalizes three or four other crimes as burglary. These involve burglary of a motor and burglary with various tools and devices. Like crimes involving drugs, some of these are possession crimes — that is, it is a crime to possess burglary tools with an intent to use them. If you have been arrested, charged or are being investigated for possible burglary-related charges, call us here at the Law Office of Robert Castro at (301) 705-5137. We are experienced and aggressive Maryland criminal defense lawyers. We are available around the clock, 24/7 with offices in Waldorf, Maryland.

Burglary of a Motor Vehicle

Oddly enough, in Maryland, the crime of burglary of a motor vehicle does not involve proving either breaking or entering. The crime is simply defined as being in or on a motor vehicle with the intent to steal something in or on the motor vehicle. See MD Crim. Code, § 6-206.

It is an old and vintage law that, upon conviction, provides that the defendant “shall be considered a rogue and vagabond.” The charge is defined as a misdemeanor charge with a possible punishment of up to three years.

Possession of Burglary Tools

The same statute makes it a crime to possess “burglary tools” with the intent to use or the intent to allow another to use the tools for burglary of a motor vehicle. Section 6-205 also criminalizes possession of burglary tools with intent to break and enter into a dwelling or building. “Burglar tools” is not officially defined, but, in other States, these are defined as any types of tool or device that could be used for purposes of breaking and entering. These include “normal” tools like screwdrivers, hammers, crowbars, etc. Also included are what might be more “officially” deemed burglar tools like lock picks.

If convicted of possession of burglar tools, the punishments are the same as for burglary of a motor vehicle. The defendant “shall be considered a rogue and vagabond” and faces a jail term of up to 3 years.

Use of a Destructive Device During a Burglary

A related crime is use of a destructive device “to open or attempt to open a vault, safe, or other secure repository” while committing burglary in the first, second, or third degree. See MD Crim. Code, § 6-207. This crime is defined as a felony and, if convicted, the defendant faces up to 20 years in prison.

As with many cases, the Maryland prosecuting attorneys will charge as many possible crimes as they can. So, use of a destructive device will be coupled with charges related to various degrees of burglary. Ofter, every degree of burglary will be charged along with a separate charge for possession of burglary tools.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 705-5137. We are Waldorf, MD Criminal Defense lawyers. Our address is: 2670 Crain Highway, Waldorf, MD 20601.

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