Burglary in Maryland

misdemeanor or felony?

There are several types of burglary in Maryland, some felonies and some misdemeanors. 1st, 2nd and 3rd Degree are felonies and involve some other intent other than simply being in a home or storehouse. 4th degree burglary is a misdemeanor which is basically the same as the more commonly known Breaking and Entering. There is no other requirement to be convicted. However, all carry substantial prison terms and fines, and are taken very seriously by prosecutors. Call or email today, your future may depend on it!

WHAT's the first step?

If you were arrested or issued a summons for Burglary, you want to act quickly to gather evidence and prepare a defense. Call Mr. Cleckner for a free consultation over the telephone or to set up an in-person appointment, and he will answer any questions you have.

NOT SURE WHAT YOU NEED TO DO?

A burglary conviction can cause serious problems with your ability to get a job or even an apartment. We'd be happy to discuss your options with you. We handle all facets of criminal and jailable traffic defense, and if we can't answer your questions, we'll do some research or find someone who can answer them.

 

Burglary Laws

 

Definitions

CRIMINAL LAW TITLE 6. CRIMES AGAINST PROPERTY SUBTITLE 2. BURGLARY AND RELATED CRIMES Md. CRIMINAL LAW Code Ann. § 6-201 (2014) § 6-201. Definitions (a) In general. -- In this subtitle the following words have the meanings indicated. ** REVISOR'S NOTE This subsection formerly was Art. 27, § 28(a). ** REVISOR'S NOTE In this subsection and throughout this subtitle, the references to this "subtitle" are substituted for the former references to this "subheading" to reflect the reorganization of material derived from the former "Burglary and Related Offenses" subheading of Article 27. ** REVISOR'S NOTE No other changes are made. (b) Break. -- "Break" retains its judicially determined meaning except to the extent that its meaning is expressly or impliedly changed in this subtitle. ** REVISOR'S NOTE This subsection is new language derived without substantive change from former Art. 27, § 28(d) as it related to the defined term "break". (c) Burglar's tool. -- (1) "Burglar's tool" means a tool, instrument, or device adapted, designed, or used to commit or facilitate the commission of a burglary crime. (2) "Burglar's tool" includes: (i) a picklock, key, crowbar, prybar, jack, or bit; (ii) explosive material including nitroglycerine, dynamite, or gunpowder; and (iii) a device capable of burning through metal, concrete, or other solid material, including an acetylene torch, electric arc, burning bar, thermal lance, or oxygen lance. ** REVISOR'S NOTE This subsection is new language derived without substantive change from former Art. 27, § 28(b). (d) Crime of violence. -- "Crime of violence" has the meaning stated in § 14-101 of this article. ** REVISOR'S NOTE This subsection is new language derived without substantive change from former Art. 27, § 28(c). (e) Dwelling. -- "Dwelling" retains its judicially determined meaning except to the extent that its meaning is expressly or impliedly changed in this subtitle. ** REVISOR'S NOTE This subsection is new language derived without substantive change from former Art. 27, § 28(d) as it related to the defined term "dwelling". (f) Enter. -- "Enter" retains its judicially determined meaning except to the extent that its meaning is expressly or impliedly changed in this subtitle. ** REVISOR'S NOTE This subsection is new language derived without substantive change from former Art. 27, § 28(d) as it related to the defined term "enter". (g) Firearm. -- (1) "Firearm" includes: (i) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, and short-barreled rifle, as those terms are defined in § 4-201 of this article; (ii) a machine gun, as defined in § 4-401 of this article; and (iii) a regulated firearm, as defined in § 5-101 of the Public Safety Article. (2) "Firearm" does not include a firearm that has been modified to be permanently inoperative. ** REVISOR'S NOTE This subsection is new language derived without substantive change from former Art. 27, § 28(f). ** REVISOR'S NOTE In paragraph (1)(i) of this subsection, the Criminal Law Article Review Committee notes, for the consideration of the General Assembly, that the terms "'short-barreled shotgun" and "short-barreled rifle", as defined in § 4-201 of this article, are included in the term "handgun"' as defined in the same section. It is unclear whether the terms "short-barreled shotgun" and "short-barreled rifle" as used in this section are redundant of the term "handgun", or differ in some way from those terms used in the definition of "handgun". (h) Storehouse. -- (1) "Storehouse" retains its judicially determined meaning. (2) "Storehouse" includes: (i) a building or other construction, or a watercraft; (ii) a barn, stable, pier, wharf, and any facility attached to a pier or wharf; (iii) a storeroom or public building; and (iv) a trailer, aircraft, vessel, or railroad car. ** REVISOR'S NOTE This subsection is new language derived without substantive change from former Art. 27, § 28(e). ** REVISOR'S NOTE In paragraph (2)(ii) of this subsection, the former references to a "garage" and a "boathouse" are deleted as included in the comprehensive references to a "building" and "other construction" and for consistency with the definition of "structure" in § 6-101 of this title. Similarly, in paragraph (2)(iii) of this section, the former references to a "shop", "warehouse", "factory", "mill", "house of worship", "meeting house", "courthouse", "workhouse", and "school" are deleted as included in the comprehensive references to a "building" and "other construction". ** REVISOR'S NOTE In paragraph (2)(iv) of this subsection, the reference to a "vessel" is substituted for the former references to "boat" and "ship" for consistency with other revised articles of the Code. HISTORY: An. Code 1957, art. 27, § 28; 2002, ch. 26, § 2; 2003, ch. 17

Burglary-1st degree

CRIMINAL LAW TITLE 6. CRIMES AGAINST PROPERTY SUBTITLE 2. BURGLARY AND RELATED CRIMES Md. CRIMINAL LAW Code Ann. § 6-202 (2014) § 6-202. Burglary in the first degree (a) Breaking and entering with intent to commit theft prohibited. -- A person may not break and enter the dwelling of another with the intent to commit theft. (b) Breaking and entering with intent to commit crime of violence prohibited. -- A person may not break and enter the dwelling of another with the intent to commit a crime of violence. (c) Violation of (a); penalty. -- A person who violates subsection (a) of this section is guilty of the felony of burglary in the first degree and on conviction is subject to imprisonment not exceeding 20 years. (d) Violation of (b); penalty. -- A person who violates subsection (b) of this section is guilty of the felony of home invasion and on conviction is subject to imprisonment not exceeding 25 years. HISTORY: An. Code 1957, art. 27, § 29; 2002, ch. 26, § 2; 2014, chs. 218, 238.

Burglary-2nd degree

CRIMINAL LAW TITLE 6. CRIMES AGAINST PROPERTY SUBTITLE 2. BURGLARY AND RELATED CRIMES Md. CRIMINAL LAW Code Ann. § 6-203 (2014) § 6-203 Burglary in the second degree (a) Prohibited -- Breaking and entering with intent to commit theft, violence, or arson. -- A person may not break and enter the storehouse of another with the intent to commit theft, a crime of violence, or arson in the second degree. (b) Prohibited -- Breaking and entering with intent to steal firearm. -- A person may not break and enter the storehouse of another with the intent to steal, take, or carry away a firearm. (c) Penalty. -- A person who violates this section is guilty of the felony of burglary in the second degree and on conviction is subject to: (1) for a violation of subsection (a) of this section, imprisonment not exceeding 15 years; and (2) for a violation of subsection (b) of this section, imprisonment not exceeding 20 years or a fine not exceeding $ 10,000 or both. HISTORY: An. Code 1957, art. 27, § 30; 2002, ch. 26, § 2; 2003, ch. 21, § 1.

Burglary-3rd Degree

CRIMINAL LAW TITLE 6. CRIMES AGAINST PROPERTY SUBTITLE 2. BURGLARY AND RELATED CRIMES Md. CRIMINAL LAW Code Ann. § 6-204 (2014) § 6-204. Burglary in the third degree (a) Prohibited. -- A person may not break and enter the dwelling of another with the intent to commit a crime. (b) Penalty. -- A person who violates this section is guilty of the felony of burglary in the third degree and on conviction is subject to imprisonment not exceeding 10 years. HISTORY: An. Code 1957, art. 27, § 31; 2002, ch. 26, § 2.

 

Email: Burglary@NotGuiltyMaryland.com