First Degree Burglary

Criminal Defense Attorney Baltimore MD - Burglary, Theft | Eric T. Kirk - maryland_criminal_lawyer_iThe old, common law meaning of burglary still constitutes first degree burglary in Maryland. The breaking an entering of the dwelling of another with the intent to commit a theft or a crime of violence therein. Now, at common law, the intent was to commit a felony therein, but that has evolved. The intent required under current law is to commit theft or a crime of violence, which includes things like rape, murder, murder arson, kidnapping or assault.  

Second Degree Burglary

Second degree burglary differs in two important respects from first degree. The intent of the accused once inside must be to steal, take a gun, commit a crime of violence, or second degree arson. That is broader than activities that suffice for a first degree burglary conviction. Secondly, the structure broken into concerns a storehouse, rather than dwelling, as with first degree. 

Third Degree Burglary

Third degree burglary requires the entering of a dwelling with the intent to commit any crime. This is differs from first and second degree burglary in that no specific crimes are listed. Nonetheless, third degree burglary is a felony that is punishable by up to 10 years in prison.

Fourth Degree Burglary

Fourth degree burglary is a misdemeanor that requires only the act of breaking into a dwelling or storehouse regardless of intent. The State can additionally prove their case by showing the possession of a burglar's tool, in circumstances evincing an intent to commit burglary. Even though it is a misdemeanor, fourth degree burglary is punishable by up to 3 years in prison.

Any burglary charge is a serious offense. If you have been charged, you must act immediately by securing the help of a qualified defense attorney. I've handled hundreds of criminal cases over the years. I will put my experience to use in your defense. Contact me today to schedule your free case evaluation

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