MARYLAND BURGLARY DEFENSE LAWYERS

Defend Clients Charged with Burglary in Maryland

The Maryland burglary defense attorneys of SRIS, P.C. have compiled herein some of the burglary laws in Maryland for your review. If you have been charged with burglary in Maryland or assisting someone find an excellent Maryland burglary defense lawyer, do not hesitate to contact us. Burglary is a very serious crime in Maryland. If an individual is convicted of burglary in Maryland, the individual will almost certainly be incarcerated. There are substantial defenses to a burglary charge in Maryland. However, to raise these defenses, only an attorney who is familiar with burglary cases can raise them on behalf of a client charged with burglary.

BURGLARY

MD CRIMINAL LAW § 6-201. Burglary Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Break

(b) "Break" retains its judicially determined meaning except to the extent that its meaning is expressly or impliedly changed in this subtitle.

Burglar's tool

(c)(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.

Crime of violence

(d) "Crime of violence" has the meaning stated in § 14-101 of this article.

Dwelling

(e) "Dwelling" retains its judicially determined meaning except to the extent that its meaning is expressly or impliedly changed in this subtitle.

Enter

(f) "Enter" retains its judicially determined meaning except to the extent that its meaning is expressly or impliedly changed in this subtitle.

Firearm

(g)(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.

Storehouse

(h)(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.

MD CRIMINAL LAW § 6-202. Burglary in the first degree

Prohibited

(a) A person may not break and enter the dwelling of another with the intent to commit theft or a crime of violence.

Penalty

(b) A person who violates this section is guilty of the felony of burglary in the first degree and on conviction is subject to imprisonment not exceeding 20 years.

MD CRIMINAL LAW § 6-203. Burglary in the second degree

Prohibited--Breaking and entering with intent to commit theft, violence, or
Arson

(a) 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.

Prohibited--Breaking and entering with intent to steal firearm

(b) A person may not break and enter the storehouse of another with the intent to steal, take, or carry away a firearm.

Penalties

(c) 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.

MD CRIMINAL LAW § 6-204. Burglary in the third degree

Prohibited

(a) A person may not break and enter the dwelling of another with the intent to commit a crime.

Penalty

(b) 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.

MD CRIMINAL LAW § 6-205. Burglary in the fourth degree

Prohibited--Breaking and entering dwelling

(a) A person may not break and enter the dwelling of another.

Prohibited--Breaking and entering storehouse

(b) A person may not break and enter the storehouse of another.

Prohibited--Being in or on dwelling, storehouse, or environs

(c) A person, with the intent to commit theft, may not be in or on:
(1) the dwelling or storehouse of another; or
(2) a yard, garden, or other area belonging to the dwelling or storehouse of another.

Prohibited--Possession of burglar's tool

(d) A person may not possess a burglar's tool with the intent to use or allow the use of the burglar's tool in the commission of a violation of this subtitle.

Penalty

(e) A person who violates this section is guilty of the misdemeanor of burglary in the fourth degree and on conviction is subject to imprisonment not exceeding 3 years.

Conviction of theft

(f) A person who is convicted of violating § 7-104 of this article may not also be convicted of violating subsection (c) of this section based on the act establishing the violation of § 7-104 of this article.

MD CRIMINAL LAW § 6-206. Breaking and entering motor vehicle--Rogue and vagabond

Prohibited--Possession of burglar's tool

(a) A person may not possess a burglar's tool with the intent to use or allow the use of the burglar's tool in the commission of a crime involving the breaking and entering of a motor vehicle.

Prohibited--Presence in another's vehicle

(b) A person may not be in or on the motor vehicle of another with the intent to commit theft of the motor vehicle or property that is in the motor vehicle.

Penalty

(c) A person who violates this section is guilty of a misdemeanor, shall be considered a rogue and vagabond, and on conviction is subject to imprisonment not exceeding 3 years.

MD CRIMINAL LAW § 6-207. Burglary with destructive devices

Prohibited
(a) A person may not open or attempt to open a vault, safe, or other secure repository by the use of a destructive device, as defined in § 4-501 of this article, while committing burglary in the first, second, or third degree.

Penalty
(b) A person who violates this section is guilty of the felony of burglary with destructive device and on conviction is subject to imprisonment not exceeding 20 years.

Sentence
(c) A sentence imposed for a violation of this section may be separate from and consecutive to or concurrent with a sentence for another crime based on the act establishing the violation of this section.

MD CRIMINAL LAW § 6-208. Breaking and entering a research facility

Definitions
(a)(1) In this section the following words have the meanings indicated.
(2)(i) "Enclosure" means a building, structure, aircraft, watercraft, or vehicle, and each:
1. separately secured or occupied portion of it; and
2. structure appurtenant or connected to it.
(ii) "Enclosure" includes a trailer and a sleeping car.
(3) "Research" means a studious and serious inquiry, examination, investigation, or experimentation designed to discover or accumulate data, theories, technologies, or applications for a governmental, scientific, educational, or proprietary purpose.
(4) "Research facility" means an enclosure or separately secured yard, pad, pond, laboratory, pasture, or pen used to conduct research, house research subjects, or store supplies, records, data, prototypes, or equipment necessary to or derived from research.
(5)(i) "Research property" means property, regardless of value, related to research in a research facility.
(ii) "Research property" includes a sample, specimen, research subject, record, data, test result, or proprietary information.

Prohibited
(b) A person may not break and enter a research facility without the permission of the research facility with the intent to:
(1) obtain unauthorized control over research property;
(2) alter or eradicate research property;
(3) damage or deface research property;
(4) move research property in a manner intended to cause harm to it;
(5) destroy or remove research property; or
(6) engage in conduct that results in the removal of research property.

Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both

Contact the Maryland burglary defense lawyers of SRIS, P.C. to mount an effective defense against an burglary charge in Maryland. You can call us toll free at 888-437-7747 or contact us on line.