Burglary

Burglary is a crime taken seriously by law enforcement officers and prosecutors in Maryland. Citizens want to feel safe and secure in their homes and have a financial interest in recovering or being compensated for anything broken or stolen during these crimes. Often victims feel very personally violated when they are victims of a burglary and they want to be highly involved in the investigation and prosecution of the alleged offender.  

Persistent involvement of victims puts pressure on the state to prosecute these crimes aggressively and pursue harsh sentences. This is one of the many reasons it is important to hire an experienced and aggressive criminal defense attorney immediately if charged with a serious felony such as burglary. 

In Maryland, the burglary statute breaks down the crime into four categories or degrees focusing in large part on the intent of the alleged burglar and the nature of the building or property that is broken and/or entered upon. The statute contains many technicalities that could be the difference between going to jail for up to 20 years or going home.  

Each degree of burglary has different elements, but most sections require what is called a “breaking and entering.” This breaking and entering can be of a house, storehouse or a yard. A common misconception is that a door, window or other entranceway must be physically broken to gain entry for there to be a “breaking.” This simply is not the case. The mere opening of an unlocked door or window can be enough to satisfy the breaking element of the statute. 

The most serious of the burglary offenses is first-degree burglary, which carries a maximum penalty of 20 years in jail. A first-degree burglary is committed when a person breaks and enters another person’s home with the specific intent to commit a theft or a crime of violence, such as robbery or rape. 

A second-degree burglary is the breaking and entering of a storehouse with the intent to commit theft, a crime of violence, or arson. A few examples of storehouses include any building or construction shelter, barns, stables, storerooms, public buildings, or trailers. 

A third-degree burglary is defined as the breaking into someone else’s home with the intent to commit any crime, including crimes of violence or theft, as in the case of first-degree burglary. A person who commits a first-degree burglary has, by definition, also committed a third-degree burglary, but a person may commit a third-degree burglary without committing a first-degree burglary depending upon the crime that the person intends to commit. 

A fourth-degree burglary is the simple act of being inside a house or storehouse of another without permission. This section of the statute also includes entering someone’s yard without permission with the intent to steal from that yard or attached house. Being in possession of burglar’s tools, such as a crowbar, picklock, or jack, with the intent to use those tools to break into someone’s home or storehouse or even a car is also criminalized under the fourth-degree burglary statute. 

Burglary investigations can be complicated and often involve scientific evidence including fingerprints, DNA, and cellphone technology. This evidence needs to be thoroughly analyzed and often requires expert witnesses to properly prepare a defense. This is why it is imperative to hire highly experienced criminal attorneys immediately upon being charged with a serious crime such as burglary.  

If you or a loved one requires defense in a case regarding burglary, or a related matter, please contact Silverman Thompson toll-free at 800-385-2243 for a free consultation with an aggressive criminal defense trial lawyer.