What is Considered Burglary in Maryland?

In Maryland, there are four degrees of burglary. Common to all degrees are three legal criminal elements that must be proven by the prosecuting attorneys. These are:

• Breaking into a structure
• Entering said structure and
• Intent

Generally, the type of structure broken into and entered and the type of intent will determine the degree of the charges. In addition, the potential punishments will sometimes depend on what the accused burglar is alleged to have intended to steal

So, for First Degree Burglary — the most severe crime — the “structure” that is broken into must be the home (dwelling place) of another person, and the intent must either be the intent to commit theft or the intent to commit a crime of violence. If the intent was to steal, then the potential term of incarceration is 20 years. If the intent was to commit a crime of violence, then the crime is called “home invasion,” and the potential prison term is 25 years. These are deemed felony crimes. See MD Crim. Code, § 6-202.

Second Degree Burglary is similar, but the “structure” is a “storeroom” (not a home or dwelling place). “Storeroom” is broadly defined and includes a garage, barn, shed, etc. Again, the storeroom must be owned by another. If it is proven that the alleged burglar intended to steal, commit arson, or a violent crime, then the potential jail term is 15 years. If the object to be stolen was a firearm, then the potential jail term is 20 years, with an additional potential fine of $10,000. See MD Crim. Code, § 6-203.

Third Degree Burglary is defined as breaking and entering into a home/dwelling with the intent to commit a non-violent crime. This is also a felony charge, and if convicted, the potential jail term is 10 years in prison. See MD Crim. Code, § 6-204.

Fourth Degree Burglary can be charged for various criminal behavior. Fourth-degree burglary can be charged

• If there is just breaking and entry of either a home/dwelling or structure of another
• If there is no breaking into, but the accused is in a home, dwelling, structure, yard, garden, or other area belonging to the dwelling or storehouse of another with the intent to steal or
• If the accused is in possession of burglar tools with the intent to use the tools for breaking and entering

“Burglary tools” are defined as anything that can be used to pick or break locks, like lock-picking tools, crowbars, etc. Fourth-degree burglary is a misdemeanor crime carrying a potential jail term of 3 years. See MD Crim. Code, § 6-205.

Aside from standard criminal defenses like innocence, alibi, etc, there can be several potential criminal defenses based on the elements that must be proven. These include:

• Mistake
• Lack of intent to commit a crime or to steal
• Not the dwelling, structure, etc., of another
• No “breaking into”
• And more

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.