Maryland Burglary Lawyer

Felony Defense for Breaking and Entering Charges

A burglary arrest in Maryland is serious. First, second, and third-degree burglary are felonies, and a conviction can mean years in prison, a permanent record, and trouble finding a job or housing later on. The good news is that the State still has to prove every part of the charge beyond a reasonable doubt. That’s where an experienced Maryland burglary lawyer makes the difference.

At The Law Office of Robert R. Castro, our team has defended clients across the state since 1993. We represent people charged in Charles County, Calvert County, St. Mary’s County, Prince George’s County, and Washington, D.C. If you’ve been arrested or charged, call (301) 870-1200 for a confidential case review.

How the Law Defines Burglary

The state splits burglary into four degrees. The charges live in Title 6, Subtitle 2 of the Criminal Law Article. The degree depends on what was entered, what you planned to do, and what crime was intended inside.

To prove burglary, the State must show:

• The defendant broke into a dwelling or storehouse
• The defendant entered the property
• The property belonged to someone else
• The defendant intended to commit a specific crime once inside (for first, second, and third degrees)

“Breaking” doesn’t require force. Pushing open an unlocked door or lifting a window counts. The law applies to dwellings and storehouses, not vehicles. Vehicle break-ins are usually charged under separate theft or rogue and vagabond statutes.

The Four Degrees of Burglary

First-degree burglary (CR § 6-202): Breaking and entering a home with intent to commit theft or a crime of violence. This is a felony with a maximum of 20 years in prison. A related charge, home invasion, applies when someone breaks into a dwelling with intent to commit a crime of violence. Home invasion is a separate felony under § 6-202(b) with a maximum of 25 years.

Second-degree burglary (CR § 6-203): Breaking and entering a storehouse, like a business or warehouse, with intent to commit theft, a crime of violence, or arson. This is a felony with up to 15 years in prison. If the intent was to steal a firearm, the maximum rises to 20 years.

Third-degree burglary (CR § 6-204): Breaking and entering a home with intent to commit any crime, not just theft or violence. It’s a felony with up to 10 years in prison.

Fourth-degree burglary (CR § 6-205): The broadest charge. It covers simple breaking and entering of a dwelling or storehouse, being on someone’s property with intent to commit theft, or possession of burglar’s tools with intent to use them. This is a misdemeanor with up to 3 years in jail.

Why Intent Matters So Much

Intent is the line between degrees. Walking into an unlocked shed isn’t first-degree burglary. The State must prove what you planned to do once inside. That’s often the hardest part of their case.

Prosecutors try to prove intent through circumstantial evidence. Tools you were carrying. Statements you made. The time of day. How you reacted when discovered. None of that is direct proof. A skilled defense attorney challenges those inferences and the assumptions behind them.

Common Situations That Lead to Charges

Many cases start with circumstantial evidence rather than someone catching the defendant in the act. Typical scenarios include:

• Being found near a property without permission
• Entering a building someone believed was abandoned
• Disputes between former tenants, family members, or business partners over access rights
• Riding along with others who planned a crime the defendant didn’t know about
• Mistaken identity from doorbell cameras or surveillance footage

Surveillance video, fingerprints, DNA, and eyewitness ID often anchor the prosecution’s case. Each one has weaknesses. Camera footage can misidentify a suspect. Witnesses make mistakes. Forensic evidence can be mishandled. A careful review of how that evidence was collected can shift the case.

Penalties Beyond Prison Time

Prison sentences are only part of the picture. A felony conviction follows you. Employers, landlords, and licensing boards can see it. Federal student aid and firearm rights can be affected. Even a misdemeanor fourth-degree burglary stays on your record unless you pursue expungement.

Courts may also order restitution for damaged doors, windows, locks, or stolen items. Property owners sometimes file civil lawsuits on top of the criminal case. A strong defense strategy looks at both sides: criminal exposure and the financial fallout.

What to Do After a Burglary Arrest

The first hours after an arrest matter. A few practical rules:

• Don’t talk to police without a lawyer present
• Don’t post about the case on social media
• Don’t contact the property owner or alleged victim
• Follow every bail condition exactly
• Call a criminal defense attorney before answering questions

People often try to explain themselves, thinking it will clear things up. It almost never does. Statements made at the scene or at the station become evidence at trial.

How Long These Cases Take

Timelines depend on the degree and the evidence. A fourth-degree misdemeanor may resolve in a few months. Felony cases often take longer because of pretrial motions, discovery disputes, and trial scheduling.

Plea offers usually come up early. Every offer deserves careful review. A quick resolution can sometimes hurt more than a contested case, especially when collateral consequences are at stake. Our attorneys weigh the trade-offs with you before any decision.

Frequently Asked Questions

What’s the difference between burglary and robbery?

Burglary involves breaking and entering a property with intent to commit a crime. Robbery involves taking property directly from a person by force or threat. Robbery requires confrontation. Burglary does not.

Can I be charged with burglary if I didn’t steal anything?

Yes. The charge focuses on what you intended at the moment of entry, not whether a theft actually happened. If the State can prove intent, the charge stands even if nothing was taken.

What’s the maximum penalty for first-degree burglary?

First-degree burglary carries up to 20 years in prison. A related charge of home invasion under § 6-202(b) carries up to 25 years.

Can burglary charges be reduced or dismissed?

Yes, in many cases. A defense attorney can challenge the State’s proof of intent, identification, or the legality of the search. Charges are sometimes reduced through negotiation or dismissed when evidence weakens.

Can juveniles be charged with burglary?

Yes. Most juvenile cases stay in juvenile court. Serious offenses can be transferred to adult court depending on age, prior record, and the facts of the case.

Do you handle burglary cases across Maryland?

Yes. Our team represents clients in Charles County, Calvert County, St. Mary’s County, Prince George’s County, and Washington, D.C. We’ve defended criminal cases across the state since 1993.

Do you offer free consultations for burglary cases?

Call (301) 870-1200 to discuss your case. We’ll review the charges, the evidence, and your options before you decide what to do next.

Call a Maryland Burglary Lawyer Today

A charge isn’t a conviction. The State still has to prove its case. Our team at The Law Office of Robert R. Castro has been fighting felony charges in Maryland courts since 1993. Whether you’re facing a fourth-degree misdemeanor or a first-degree felony, we’ll review every angle of the prosecution’s case.

Call (301) 870-1200 to speak with a Maryland burglary lawyer about your case.