First Degree Burglary
The 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.