Burglary Cases from Start to Finish in Maryland

Many defendants are convicted of burglary long before they have their day in court. These defendants allow the shock and awe of the criminal justice system to overwhelm them. That’s especially true for burglary defendants without criminal records. Many people stumble into burglary charges, often by violating a restraining order. Then, when a friendly chat with investigators becomes an arrest, the experience is too much to overcome.

Knowing what to expect reduces this effect, which is why a brief guide is essential. While knowing what to expect makes the process less stressful, only a determined Waldorf, Maryland, criminal defense lawyer from the Law Office of Robert R. Castro can help defendants fully overcome their shock and awe. This overcoming includes successfully resolving burglary cases and other serious criminal matters.

What is Burglary?

Burglary is unlawfully entering a building or part of a building, such as an “Employees Only” area of a store, with the intent to commit a crime inside, such as theft, vandalism, or assault. Maryland law divides burglary charges into several degrees depending on the circumstances of the alleged crime. These circumstances include:

• Nature of the structure (dwelling or commercial property),
• Time of day or night,
• Whether the suspect intended to commit theft or another felony,
• Defendant’s use of a weapon, and
• Amount of force involved.

Because burglary laws are complex, even small details in a case can significantly affect how charges are filed and prosecuted.

Degrees of Burglary

First-Degree Burglary, the most serious burglary charge, usually involves breaking and entering into a residence with the intent to commit theft or another crime. Probation is usually unavailable in these matters.

Second-Degree Burglary is breaking into a storehouse or commercial building with criminal intent. Penalties can include fines and imprisonment. A La Plata, Maryland, criminal defense lawyer can usually obtain probation in these matters.

Third-Degree Burglary is unlawful entry with intent to commit a crime, but without some of the aggravating factors seen in higher degrees. Fourth-Degree Burglary is usually attempted burglary, possession of burglary tools, or being on property without permission with criminal intent.

The Legal Process for Burglary Cases

Usually, the criminal law process in Calvert County begins with arrest and booking. Law enforcement may arrest a suspect at the scene or, more likely, after an investigation. After arrest, the individual is processed and may be held until a bail hearing, especially in first or second-degree cases.

At that hearing, a judge determines whether the accused can be released before trial and under what conditions, in accordance with the Eighth Amendment.

Once prosecutors formally file charges, the case proceeds through pretrial procedural hearings, evidence review by both prosecutors and defense lawyers, and potentially trial.

A few cases go to trial, but plea bargains resolve almost all criminal cases. These plea agreements benefit defendants, since they usually involve reduced sentences or reduced charges (e.g., felony reduced to misdemeanor).

Common Legal Defenses

Defendants in burglary cases may have several possible defenses depending on the facts of the case. Some common legal strategies include:

• Lack of Criminal Intent: Usually, the defendant must intend to commit a crime at the time of entry, not when s/he sees something worth stealing.
• Mistaken Identity: This defense is very common in burglary investigation cases that lack an eyewitness. Circumstantial evidence often doesn’t hold up in court.
• Insufficient Evidence: Circumstantial evidence often doesn’t cut it because the state must prove every element of burglary beyond any reasonable doubt.

A skilled defense attorney reviews the evidence, challenges weaknesses in the prosecution’s case, and protects the defendant’s legal rights.

Count on a Savvy Calvert County Lawyer

There’s a big difference between an arrest and a conviction. For a confidential consultation with an experienced criminal defense lawyer in Prince George’s County, Maryland, contact the Law Office of Robert R. Castro, 11701 Central Ave Suite 200, Waldorf, MD 20601. You can call us at (301) 870-1200 or go online now.

This article has been provided by the Law Office of Robert R. Castro. For more information or questions, contact our office to speak to an experienced lawyer at (301) 870-1200.