Fourth Degree Burglary and Felonies Under the Burglary Law (Maryland Criminal Code C 6-202 to C 6-205): A Review of Maryland Burglary Laws and Maryland Burglary Penalties
The crime of burglary can be a confusing term because it covers a range of illegal actions. According to Maryland criminal law or each Maryland code for the crime, burglary is breaking and entering into a dwelling with the intent to steal.
The Four Degrees of Burglary Under Maryland Burglary Laws
Burglary is a crime that involves charges in the first degree in Maryland as well as second-degree and third-degree burglary penalties.
These offenses are more serious than a fourth degree misdemeanor of burglary. Fourth(4th) degree burglary in Maryland applies when the defendant enters the dwelling of another with the intent to break and enter or when the prosecution can prove that this was the defendant’s primary reason for the crime.
Aggravating Factors
A fourth-degree burglary turns into a felony conviction or a third-degree burglary in Maryland if the idea is to do more than just break and enter a dwelling or space. This means you may have had the intent to commit a theft or a crime of violence.
The Benefit of Having a Skilled Maryland Burglary Attorney at Your Side
A criminal defense lawyer who handles all degrees of burglary in Maryland can examine your case to find out how to improve your chances, especially if you’re facing a serious offense.
For example, maybe you were returning an item and therefore wasn’t intending to commit a theft. Or, perhaps the violation may have involved a mistaken identity versus an intent to commit a crime.
Degrees of Burglary in Maryland
Each section of the burglary legislation defines each degree of burglary. Serious first degree indictments can lead to 20 years in prison, or 25 years if the act involved a home invasion.
First Degree Burglary in Maryland CR 6-202
First degree burglary in Maryland involves entering a building with an intent to commit theft or violence.
As this is the most serious form of committing burglary, this felony charge, as noted, can lead to 20 years or more in prison. The penalty stiffens if there is the intent to steal a firearm.
Second Degree Burglary CR 6-203
A Maryland criminal defense for burglary in the second degree may involve breaking and entering the storehouse of a property owner, such as a garage or shed – or a building that isn’t a residence.
Second degree burglary applies or this degree of burglary is charged if a defendant attempts to commit or actually commits the crime for the purpose of committing violence, arson, or theft, or to take a firearm.
The sentence may include 15 years in prison, or 20 years (when the defendant tries to steal a firearm), and a fine of up to $10,000.
Third Degree Burglary in Maryland CR 6-204
Under state legislation, this crime is classified as a felony and involves breaking and entering a dwelling with the aim to commit any crime.
For this crime, you can receive a sentence of 10 years under state penalties.
Fourth Degree Burglary Crime CR 6-205
Among degrees of burglary in Maryland, burglary in the 4th degree is less severe. We define this level of breaking and entering as entering a storehouse, dwelling, garden, or yard with an intent to commit a theft or being in any one of the areas with the same intent.
If you’re convicted of 4th-degree burglary in Maryland, it may also include the possession of a burglary tool with the intent to use it to commit forced entry. Tools may include a crowbar, jackhammer, or pry bar.
This type of burglary can lead to three years in prison. It elevates to a felony charge of a higher degree, and third degree charge if you attempt to break and enter or actually get into a building with the intent to commit any crime.
Rogue and Vagabond Crimes CR 6-206
Under Maryland law, the term “rogue and vagabond” refers to anyone who possesses burglary implements, so they can break into a place or a vehicle.
This type of crime applies when individuals are found with lock-picking tools, screwdrivers, or other implements that could be used in the crime, even if an actual burglary has not been committed.
Motor Vehicle Theft
If you’re charged with the burglary of a motor vehicle, a Maryland burglary defense for this crime is required if you were inside or outside another person’s auto.
Intent may include stealing the vehicle or the property inside or on top of the auto. If convicted, the offense can lead to three years in prison.
Burglary with Destructive Device
A defendant may be charged with burglary with a destructive device if they attempt to open or actually open a safe, vault, or similar storage compartment with a destructive device.
A destructive device is any type of explosive or incendiary or toxic material that features a detonating apparatus to open a compartment. Examples of destructive devices include pipe bombs or grenades.
Breaking Inside a Research Facility (Statute 6-208)
This code under the burglary law makes it unlawful to break inside a research facility to obtain property or to damage, alter, eradicate, deface, destroy or remove property at the site.
The punishment for burglarizing a research site in the state of Maryland is a felony – which can lead to a possible sentence of five years in prison and a $5,000 fine under this section based on the act of breaking and entering
The Trespassing Law in Maryland (Statute 6-402)
Trespassing is similar to burglarizing a property, but it involves entry inside a yard or on acreage, not a storefront, building, or similar enclosure that typically defines 4th degree to 1st degree burglary charges in Maryland.
State law says it’s illegal to trespass on properties that feature signs that clearly prohibit trespassing.
Penalties for trespassing are all misdemeanor crimes, and the sentencing depends on how many times the defendant committed the offense. First-time offenders face up to 90 days in jail and/or a fine of up to $500.
Second offenders face up to six months in jail and up to $1,000 in fines as long as the second violation took place within two years of the first.
If the crime is a third offense or has been committed multiple times, the defendant can face up to a year in jail and up to a $2,500 fine – as long as the offense was committed within two years of a prior violation.
Statistics for Degrees of Burglary
In total, Maryland is below the U.S. average for burglary crimes. A little over 6 burglaries per 1,000 citizens are reported yearly while 7 burglaries per 1,000 burglaries are reported in the United States each year.
The most common entry point for burglarizing a building is the front door (34%), while the second most common entry is the front window (23%). About 22% of burglars enter through a back door.
Contact the Law Offices of Alex Poberesky to Consult with a Top Criminal Defense Attorney Now
Have authorities charged you with breaking and entering? If so, you need to contact the Law Offices of Alex Pobereksy to schedule a case review now. Call us at (410) 705-7460 today to learn more about your rights.
