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Maryland Burglary Lawyer

Each year around 37,000 breaking and entering crimes are reported throughout Maryland. Depending on the nature of the crime and the factual circumstances of each case, an individual convicted of burglary could be sentenced to up to 20 years of jail time. Consulting with an experienced and reputable Maryland criminal attorney will provide you with a better understanding of how to best fight your charge(s). Retaining qualified representation from a local attorney with knowledge of Maryland criminal statues, will take the burden of navigating the complex and harsh criminal justice system off of your shoulders. Here is a more in-depth examination of the laws surrounding burglary in Maryland.

Every case we handle is treated with the maximum amount of energy possible. Our attorneys have defended a great number of criminal cases throughout Maryland. If you have been charged with a crime, please do not hesitate to call us at (301) 761-4842. The initial consultation for any criminal offense is absolutely free.

Maryland Burglary Law

Burglary is a criminal offense that is sometimes referred to as trespassing, housebreaking, or B&E (breaking and entering). In the state of Maryland, the criminal offense of burglary is broken down into four different degrees. Fourth degree burglary is a misdemeanor under the Maryland criminal code, § 6-205(a)(b). The other burglary-related violations, degrees one through three, are all felonies. The varying degrees can also be broken into sub-categories, such as second-degree burglary/firearm. Furthermore, there are specific types of burglary which may be classified as a felony or misdemeanor under certain circumstances that must be met. Breaking and entering with explosives is one example of this. Depending on the severity of the crime and which degree of burglary you are accused of committing, the potential jail time will vary greatly if you are in fact convicted.

First Degree

First degree burglary, as stated under § 6-202 of the criminal code, is the breaking and entering into a “dwelling” with some sort of intent to commit a theft or a violent crime. The intent to commit theft could be a misdemeanor or a felony. This crime is punishable by up to 20 years’ imprisonment and is a felony in the state of Maryland.

Second Degree

In Maryland, second degree burglary is similar to the first degree, with the main difference being that the crime is committed on a “storehouse” as opposed to a private residence. Generally a storehouse means any building, such as a farm barn, factory, educational facility, or public building, but it can also include certain vehicles, such as a train car, airplane or helicopter. The law also dictates in § 6-203(a) that burglary of the second degree must involve intent to commit violent crime, robbery (theft), or arson. Second degree burglary is a felony and punishable up to 15 years in prison.

Second Degree Firearm

Almost identical to the general second degree burglary statute, CR 6-203(b) explains that one must have the intent to take a firearm. This section also notes that it must be a storehouse that is broken into. However, if the convicted person does so with intent to steal a firearm, he or she may be punished with up to 20 years in prison, instead of the 15-year maximum prescribed for general second degree burglary.

Third Degree

Third degree burglary is defined by one entering a dwelling with the intent to commit a crime. This is different than first and second degree burglary, as no specific crimes are listed. This crime is a felony and punishable by up to 10 years in prison.

Fourth Degree

Breaking and entering in the fourth degree, in the state of Maryland, is charged as a misdemeanor. This does not mean that one cited with this crime can take the charges lightly. Maryland state law § 6-205(a)(b) says that one who enters a dwelling or a store house by breaking in may be charged – irrespective of whether or not there is the intent to commit a crime. In other words, the act of “breaking in” alone is in violation of the law. Fourth degree burglary is punishable by up to three years in prison.

Fourth Degree Theft

This particular section of Maryland state law involves breaking and entering into a dwelling, storehouse, backyard, front yard, land or garden. There must be intent to commit theft as stated in § 6-205(c). This crime is a misdemeanor punishable by up to three years in prison.

Fourth Degree Tools

§ 6-205(d) forbids the possession of tools with the intention of using them for the commission of breaking and entering. Again, this is a misdemeanor with a maximum sentence of three years.

Burglary Tools Motor Vehicle Possession

Under Maryland state law it is illegal to be in possession of burglary tools with the intention of breaking into and entering an automobile or any other motor vehicle. This criminal offense is similar to fourth-degree tools, except that it specifically applies to the burglary of a motor vehicle. § 6-206(a) does however carry the same penalties as the above. A subsection of this law, titled Rogue and Vagabond (§ 6-206(b)), carries the same penalty for merely being present in the motor vehicle with the intent to commit theft of the motor vehicle.

Burglary With Explosives

This specific statute explains what must be done to be charged with this crime and the potential ramifications. In order to be charged for burglary with explosives under § 6-207, one must commit first through third degree burglary using explosives to open some sort of lock, safe, or vault. Oftentimes the charge of fourth-degree burglary with tools is accompanied with burglary with explosives. This crime is a felony with a maximum potential jail time of 20 years.

Burglary Research Facility

Breaking into a research facility can be a very serious offense if you are charged. Fines levied can be as much as $5,000 along with a potential sentence of up to five years of jail. The term “research facility” can be interpreted to apply to a number of different facilities, but a common example is a laboratory. Under § 6-208, if one enters a facility without permission and attempts to control, manipulate, or damage any materials, then such a person is in violation of the law


Our attorneys service the state of Maryland and many of the regions, counties, and cities within it. We have office locations around the state to serve clients locally and give them the best possible representation when taking on any criminal defense case. Here are some of the areas in which we handle breaking and entering cases:


The city of Baltimore averages between 50 and 60 breaking and entering crimes per month. Located on the east coast of Maryland, Baltimore has one of the biggest populations in the state. If charged with burglary in Baltimore, it would be wise to consult with a Baltimore attorney before moving forward with your case. Our initial case evaluation is free.


The city of Bethesda is located just to the northwest of Washington, D.C. Burglaries in Bethesda occur roughly 120 times per year. A local Maryland attorney can help you understand the full extent of the charges you are facing. Winning your case can be a challenge, and being represented by an accomplished burglary attorney will yield the optimal results.

College Park

College Park is located just to the northeast of Washington, D.C. and is home to the University of Maryland. Across Maryland, more than 92% of communities experience less crime than College Park. Burglaries are particularly common in this area. If you are charged with breaking and entering, a trusted attorney with our firm will be able to help construct a defense against the any charges you are facing. Visit our College Park criminal lawyer page to learn more.


Columbia, Maryland is located between Baltimore and Washington, D.C. Crime rates are moderate in this area, including crimes involving burglary. However, defending your case alone will still be extremely difficult. Retaining an experienced, local burglary attorney will put you in the best possible position to present a compelling defense against criminal charges.

Montgomery County

Just to to northwest of Washington, D.C. sits Montgomery County. Notable cities in Montgomery County include Rockville and Gaithersburg. Crime rates vary throughout the county. With office locations easily accessible to Montgomery County residents, and a team of defense attorneys well-seasoned in local criminal cases, our firm will provide you with the best legal representation possible. You can find our Montgomery County criminal lawyer page here if you are seeking more information.

Prince George’s County

Prince George’s County borders most of Washington, D.C.’s east side. Towns like Hyattsville, Landover, Bowie, and College Park are just a few of the areas we serve. Around 500 burglaries occur each year in Prince George’s County, and having suitable attorneys on your side gives you the best chance of beating any charges filed against you. Further information on our Prince George’s criminal lawyers is provided on this page here.


The city of Rockville, Maryland is one of the main areas that our attorneys serve. In Rockville, as elsewhere, a criminal offense such as burglary is something that should be taken very seriously. A local Rockville criminal lawyer will know the best way to plan out a strategic defense for your case. More information is only one click away.

Silver Spring

Silver Spring is a very diverse town in Montgomery County, and, as a result, has a wide range of crime patterns. Our attorneys are familiar with this area and understand how the state will handle these crimes. If you are in need of burglary representationin Silver Spring, contact one of our attorneys to find out how they can help you.


Hyattsville is a large town in Prince George’s County that lies within a few miles of the District of Columbia. Because it is one of the fastest ways to I-95 North, it gets a lot of traffic and, as a result, there are some crimes committed in this area. Let our attorneys in Hyattsville help you obtain the best possible result in your case.