CR 6-202: Burglary in the First Degree

Burglary is considered a property crime, but burglary in the first degree carries an extremely harsh potential punishment, and in some cases is treated as crime against another person.  Section 6-202 of the Maryland Criminal Code prohibits breaking and entering the dwelling of another with the intent to commit a theft or a crime of violence.  Breaking and entering to commit a crime of violence is considered home invasion and carries a harsher punishment than a host of violent crimes including armed robbery.  Breaking does not require that the person actually broke something in order to gain entry.  Simply opening an unlocked door or pushing a window open to gain unlawful entry is considered breaking and entering.  The State must also prove the defendant entered another person’s home, as the other degrees of burglary address unlawful breaking and entering of buildings or structures.

The most common type of first-degree burglary is a home break-in where the suspects are attempting to take items of value.  A suspect who entered through an open window or door would be just as responsible as a person who broke down a door or smashed a window and entered.  Maryland does not differentiate between occupied and unoccupied dwellings like many other states.  A suspect who enters a person’s home to start a fight or gets into a physical struggle upon entering will likely face home invasion charges under 6-202(b).  It is not a required element of home invasion that the suspect actually committed an act of violence, so technically the dwelling could be unoccupied as long as the State could prove intent to commit an act of violence against an intended victim.

The Maryland Criminal Code provides four separate burglary charges.  Burglary in the third degree under 6-203 is a felony that prohibits breaking and entering a store to commit a theft or a crime of violence.  The penalty for second degree burglary is up to 15 years.  If the defendant is accused of stealing a firearm he or she would face up to 20 years in prison upon conviction.  Third degree burglary under 6-204 applies to home burglaries where the defendant intends to commit a crime not including theft or a crime of violence.  The most common scenario for a third-degree burglary would be entering a home to commit a trespass.  Third degree burglary carries up to 10 years in prison.  Burglary in the fourth degree under Maryland Criminal Code section 6-205 is the most common type of state burglary offense, and it has a broad definition.  It includes general breaking and entering of a home or store, where the State has no requirement of proving intent to commit a crime.  In some cases there is no requirement of proving breaking and entering, as  4th Degree burglary also includes being found in a store or dwelling with the intent to commit a theft.  Possession of burglar’s tools such as crowbars and lock picking devices can also lead to a burglary charge if the State proves intent to use the tools in a crime.

Defending burglary cases often comes down to attacking the State’s ability to prove identification.  Nowadays many homes are equipped with doorbell cameras that police use to locate suspects and their automobiles.  While camera footage often leads to an arrest, it does not always lead to the right arrest.  Challenging identification takes a skillful cross examination to place doubt in the mind of the jury.  A Maryland burglary lawyer must be able to attack the State’s identification with pointed questions that leave no stone unturned.

1st degree burglary carries up to 20 years in prison upon conviction.  Home invasion carries up to 25 years in prison.

Maryland burglary lawyer Benjamin Herbst has prevailed in numerous jury trials throughout the State and is ready to fight for you or your loved one.  He is an experienced juvenile criminal defense attorney who never backs down from prosecutors.  Benjamin is available anytime at 410-207-2598 for a free consultation.