Burglary is treated harshly under Maryland Law. This is because burglary traditionally involves an illegal entry into a person’s home. The penalties associated with a burglary conviction are severe and can include a person suffering a permanent criminal record and serving jail time.
Representation by a Silver Spring, Maryland burglary attorney is highly recommended if you were recently charged with burglary. The experienced criminal defense attorneys at Portner & Shure, P.A. have been defending individuals accused of burglary in Maryland courts for more than 30 years. Our attorneys will work with you to prepare an effective defense to defend your rights and freedom.
For a free consultation, call us at or contact us online.
Maryland Burglary Law
Maryland has four statutes covering the crime of burglary:
- Pursuant to Maryland Criminal Code § 6-202, 1st-degree burglary is classified as a felony. 1st-degree burglary is defined as illegally breaking and entering into another person’s dwelling with the intent to commit theft or a crime of violence. A conviction for 1st-degree burglary carries a potential penalty of 20 years in prison. The penalty increases to 30 years if a person is convicted of entering the dwelling with the intent to commit a crime of violence.
- Pursuant to Maryland Criminal Code § 6-203, 2nd-degree burglary is classified as a felony. 2nd-degree burglary is defined as illegally breaking and entering into another person’s storehouse with the intent to commit theft, a crime of violence, or arson. A conviction for 2nd-degree burglary carries a potential penalty of 15 years in prison. The penalty increases to 20 years if a person is convicted of entering a storehouse with the intent to steal a firearm.
- Pursuant to Maryland Criminal Code § 6-204, 3rd-degree burglary is classified as a felony. 3rd-degree burglary is defined as illegally breaking and entering into another person’s dwelling with the intent to commit a crime. A conviction for 3rd-degree burglary carries a potential penalty of 10 years in prison.
- Pursuant to Maryland Criminal Code § 6-204, 4th-degree burglary is classified as a misdemeanor. 4th-degree burglary is defined as illegally breaking and entering into another person’s dwelling, property, or storehouse with the intent to commit theft. A conviction for 4th-degree burglary carries a potential penalty of 3 years in prison.
Trespassing Crimes in Maryland
Pursuant to Maryland Criminal Code § 6-402, trespassing is classified as a misdemeanor. Trespassing is defined as illegally entering another person’s property if signs prohibiting entry are conspicuously displayed. The difference between burglary and trespassing is intent. Burglary involves an intent to commit a crime on the property while trespassing is simply entering the property without the owner’s permission. A conviction for trespassing carries a potential penalty of 90 days in jail. A conviction for a second offense carries a potential penalty of 6 months in jail. A conviction for a third offense carries a potential penalty of 1 year in jail.
Defenses to Burglary Charges
To be convicted of burglary, the State of Maryland has to prove a person’s guilt beyond a reasonable doubt, which requires that every element of the burglary charge is also proven to the same evidential standard. A review of the evidence may show that the State of Maryland may not be able to reach this burden. For example, prosecutors may lack sufficient evidence regarding intent or be unable to prove that an actual breaking occurred to enter the property. If one part of the crime can be doubted, then it all can be.
Why Hire Portner & Shure, P.A.?
The Office of the State’s Attorney for Montgomery County vigorously prosecutes burglary cases. They are one of the most common types of theft crimes that are filed against defendants in the region. The penalties can be severe. Obtaining representation by a Silver Spring, Maryland burglary attorney should be one of your top priorities. The award-winning attorneys at Portner & Shure, P.A. can help you prepare an effective defense.
To schedule a free consultation regarding your Silver Spring Burglary case, contact us online. Our staff speaks English, Spanish, Korean, Chinese (Cantonese and Mandarin), and Vietnamese.
