CR 6-205: Burglary in the Fourth Degree

Fourth degree burglary under Maryland Criminal Law section 6-205 covers a wide range of conduct, and as a result is the most common burglary charge in the state.  The law covers homes, stores and structures whereas some of the other burglary charges only cover one type of building.  Sub section (a) of 6-205 prohibits breaking and entering the dwelling or home of another person.  There is no requirement that the State prove the defendant intended to commit a crime while inside the home.  Sub section (b) prohibits breaking and entering a storehouse, which is any business.  Again, there is no requirement the State prove anything other than the defendant gained illegal entry.  Not all 4th degree burglary charges require proof of breaking and entering.  This means that a defendant could have entered the store or home lawfully.  To prove burglary under this sub section (c) the State would have to provide evidence that the defendant entered with the intent to commit a theft.   A defendant can also be charged with burglary in the fourth degree for possessing burglar’s tools such as crowbars or lock picking devices with the intent to use them in the commission of crime.
 
Breaking into an abandoned or vacant house is considered a 4th degree burglary in Maryland even if there was no intent to commit another crime while in the structure.  We have seen numerous juveniles and young adults charged with burglary for entering vacant homes and buildings when their only purpose was to explore or just hang out.  As with all burglary charges, breaking and entering does not require that the defendant actually broke a window or door to gain entry.  Simply sliding a wood plank aside or opening an unlocked door could be considered breaking and entering.  A person can also be charged with burglary in the fourth degree if he or she enters a store or other building lawfully, but then hides out past closing time in order to commit a theft.  The State can also charge burglary if a person is found on the premises of a building or home with the intent to commit a theft.  The premises could mean a parking lot, yard or driveway.
 
Rogue and Vagabond under Maryland criminal code 6-206 is the only other type of misdemeanor burglary in the state as first, second, and third degree burglary are all felony offenses with harsh penalties upon conviction.  Rogue and vagabond is the legal term for breaking and entering motor vehicles.  It basically covers conduct of those who gain unlawful entry into a vehicle and attempt to steal items.  Even if a person does not break into a motor vehicle he or she could be charged with rogue and vagabond for being found inside the motor vehicle of another with the intent to commit a theft.  Possession of a burglar’s tool used to gain entry to cars can also be considered rogue and vagabond.  Criminal law 6-206 carries a maximum penalty of up to three years in prison upon conviction.
 
Like all other burglary offenses, the proof often comes down to the State’s ability to properly identify the defendant.  There are other defenses to 4th degree burglary cases such as arguing the defendant did not break and enter the home or store and did have the intent to steal anything.  Burglary fourth degree cases are often overcharged in cases where trespass is the more appropriate violation.
 
4th degree burglary is a misdemeanor that carries up to 3years in prison upon conviction.  A person who is convicted of burglary can also be convicted and sentenced for theft in the same incident.  Therefore, a defendant can be sentenced on felony theft and misdemeanor burglary for the same break-in.
 
Maryland 4th degree burglary lawyer Benjamin Herbst has fought for hundreds of clients over the last two decades.  His two main priorities are keeping his clients out of jail and keeping their records clean, and he does whatever it takes to accomplish these two goals.  Benjamin is available seven days a week at 410-207-2598 for a free consultation.