Published on 4/10/2025, 4:48:00 PM

Fourth Degree Burglary in Maryland: Charges, Penalties, and Defenses

Fourth degree burglary in Maryland is a misdemeanor under Criminal Law Section 6-205. It covers four different theories: breaking and entering a dwelling, breaking and entering a storehouse, being on certain property with intent to commit theft, or possessing burglar’s tools with intent to use them in a burglary. The maximum potential sentence is 3 years. Unlike the higher burglary degrees, the breaking-and-entering theories do not require a specific intent to commit another crime inside.

What Is Fourth Degree Burglary in Maryland?

Maryland uses fourth degree burglary as a name for four separate forms of conduct. The exact theory matters because the State does not have to prove the same facts in every case.

Breaking and Entering a Dwelling

Under Criminal Law Section 6-205(a), the allegation is that a person broke and entered someone else’s dwelling. This version does not require proof that the person intended to steal or commit a violent crime inside. It is not a strict-liability offense, however. The State must prove a general intent to break and enter, subject to the right-or-invitation issue discussed below.

Breaking and Entering a Storehouse

Section 6-205(b) applies to breaking and entering someone else’s building or storehouse. Maryland uses “storehouse” for structures other than dwellings, including many businesses, sheds, garages, and similar buildings. This version also does not require proof of a specific intended crime inside, but the State must prove a general intent to break and enter.

Being on Property With Intent to Commit Theft

Section 6-205© applies when a person is in or on another person’s dwelling, storehouse, yard, garden, or related property with intent to commit theft. Unlike the first two versions, this theory turns directly on proof of intent.

Possessing Burglar’s Tools

Section 6-205(d) addresses possessing burglar’s tools with intent to use them, or allow them to be used, in a burglary. Possessing an ordinary tool is not enough by itself. The disputed issue is often what the surrounding facts show about its intended use. Read more about possession of burglar’s tools in Maryland.

MPJI-Cr 4:06.6 defines a burglar’s tool as a tool, instrument, or device adapted, designed, or used to commit or facilitate a burglary. Listed examples include a picklock, key, crowbar, prybar, jack, bit, and certain equipment or materials capable of burning or blasting through solid material.

What Does the State Have to Prove?

The prosecution must prove the particular Section 6-205 theory charged beyond a reasonable doubt:

• For the dwelling theory, the State must prove a breaking, an entry into someone else’s dwelling, and that the defendant was the person who broke and entered.
• For the building theory, it must prove a breaking, an entry into someone else’s building, and that the defendant was the person who committed the act.
• For the property theory, it must prove presence on qualifying property plus intent to commit theft.
• For the tools theory, it must prove possession of a burglar’s tool or tools plus intent to use them, or allow their use, to commit a breaking and entry.

The Maryland pattern instructions define breaking as creating or enlarging an opening, such as opening a window or pushing open a door. Breaking may also include entry obtained by fraud, trick, or force. Entry means that any part of the defendant’s body was inside. For the dwelling theory, a dwelling is a structure where someone regularly sleeps.

The breaking-and-entering theories do not require a specific intent to commit theft or another crime inside, but that does not eliminate the mental-state requirement. In Warfield v. State, 315 Md. 474 (1989), the Court explained that the State must prove a general intent to break and enter and an awareness that the intrusion was unwarranted.

When the evidence raises the issue, the pattern instructions direct the jury to consider whether the defendant honestly and reasonably believed that they had a right or invitation to enter. Green v. State, 119 Md. App. 547 (1998), reversed a conviction when the required mental-state instruction was omitted after the evidence generated that issue. Herd v. State, 125 Md. App. 77 (1999), explains the parties’ burdens when evidence of an honest and reasonable belief in authority, license, or privilege is produced.

Under Section 6-205(f), a person convicted of theft under Section 7-104 cannot also be convicted of the intent-to-commit-theft version of fourth degree burglary based on the same act.

Examples of Fourth Degree Burglary

These examples are illustrative. Whether a charge fits depends on the evidence and the exact statutory theory:

• A person is accused of forcing open the door of someone else’s home but nothing is taken. That could raise the dwelling version even without proof of an intended theft.
• Someone is accused of entering another person’s detached shed without permission. The structure and alleged entry could raise the storehouse version.
• A person is found in another person’s yard and the State claims surrounding conduct shows an intent to steal property. That could raise the Section 6-205© theory, but presence alone does not establish intent.
• Police find tools and claim messages, surveillance, statements, or other circumstances show they were intended for a burglary. That could raise the tools theory, while an innocent purpose for the tools could undermine it.

An accusation does not prove the charge. Small factual differences can change which theory applies or whether the evidence supports any burglary count.

Is Fourth Degree Burglary a Felony or Misdemeanor?

Fourth degree burglary is a misdemeanor, not a felony, under Section 6-205(e). First, second, and third degree burglary are the felony degrees.

The misdemeanor label does not make the charge minor. A conviction may still mean incarceration and a criminal record carrying the word “burglary.”

What Is the Penalty for Fourth Degree Burglary?

The maximum potential sentence is 3 years of imprisonment. The same maximum applies to each of the four versions listed in Section 6-205.

The actual outcome in a particular case depends on the charge, evidence, case history, and court proceedings. This article does not assume that a conviction or any specific sentence will occur.

Fourth Degree vs. First, Second, and Third Degree Burglary

Maryland’s burglary degrees differ mainly based on the type of structure and the intent the State claims existed at entry:

• First degree burglary: breaking and entering a dwelling with intent to commit theft or a crime of violence. The maximum is 20 years.
• Second degree burglary: breaking and entering a storehouse with intent to commit theft, a crime of violence, or arson. The ordinary maximum is 15 years, with a higher maximum for the firearm-theft version.
• Third degree burglary: breaking and entering a dwelling with intent to commit any crime. The maximum is 10 years.
• Fourth degree burglary: the four misdemeanor theories explained above. The maximum is 3 years.

See the focused guide to Maryland’s four burglary degrees for the complete comparison.

Common Defense Issues

A defense must fit the version charged and the available evidence. Common issues may include:

• No breaking or entry: Relevant to the dwelling and storehouse versions when the State cannot prove how the person entered.
• Permission or lawful presence: Evidence of an honest and reasonable belief in consent, invitation, authority, or privilege may contradict the prosecution’s theory.
• Lack of intent: Central to the property and burglar’s-tools versions, which require proof of a specific intended use or theft.
• Mistaken identity: Surveillance, eyewitness identification, fingerprints, DNA, or possession of property may not reliably establish who was involved.
• Lawful purpose for tools: An everyday object does not establish criminal intent merely because it could be used to enter a building.
• Evidence obtained unlawfully: A court may need to decide whether physical or digital evidence should be suppressed. The unlawful search and seizure guide explains that process.

No defense applies automatically. The charging document and evidence determine which questions matter.

What Happens After a Fourth Degree Burglary Charge?

Start by identifying which Section 6-205 subsection the State alleges. Then preserve records that may explain permission, location, ownership of tools, or communications. Surveillance footage, witness identifications, statements, physical evidence, and circumstantial proof of intent often shape the case.

Do not assume that nothing stolen means there can be no charge. Do not contact witnesses to argue about the accusation. A Maryland criminal defense lawyer can compare the count with the evidence, identify suppression or proof issues, and prepare for the scheduled court proceedings.

For broader guidance, visit the Maryland burglary defense hub. When an alleged theft overlaps with the burglary count, the Maryland theft lawyer guide provides additional context.

Fourth Degree Burglary FAQs

Is 4th degree burglary a felony in Maryland?

No. Fourth degree burglary is a misdemeanor under Criminal Law Section 6-205(e). First, second, and third degree burglary are felonies.

Can you go to jail for fourth degree burglary?

Yes. The maximum potential sentence for fourth degree burglary is 3 years of imprisonment.

What is the difference between third and fourth degree burglary?

Third degree burglary requires breaking and entering a dwelling with intent to commit a crime and carries a 10-year maximum. Fourth degree burglary includes four misdemeanor theories and carries a 3-year maximum. Some fourth degree theories do not require intent to commit another crime inside.

Does someone have to steal something for fourth degree burglary?

No completed theft is required for the four theories described in Section 6-205. The dwelling and storehouse versions focus on breaking and entry. The property version requires intent to commit theft, and the tools version requires intent connected to a burglary.

What counts as breaking and entering?

Breaking means creating or enlarging an opening, which may include opening a window or pushing open a door. Entry occurs when any part of the person’s body goes inside the dwelling or building. Breaking may also include gaining entry by fraud, trick, or force.

Can fourth degree burglary be expunged in Maryland?

Yes. A fourth-degree burglary conviction is eligible for expungement 5 years after completion of the sentence. Eligibility still depends on the person’s record and other applicable requirements. See the Maryland expungement guide.

When the Evidence Needs a Closer Look

Fourth degree burglary cases often turn on intent, circumstantial evidence, surveillance, witness identification, statements, and physical evidence. A focused review may show that the proof does not fit the subsection charged or leaves reasonable doubt about a required element.

To discuss a pending accusation without turning this guide into a sales pitch, start with the burglary defense overview or request a consultation.

LEGAL MATERIAL NEEDED FROM ATTORNEY

• Confirm whether the current version of Criminal Law Section 6-205 authorizes a fine in addition to the 3-year maximum term of imprisonment.
• Confirm whether Section 6-205(f) applies only to the intent-to-commit-theft theory described in Section 6-205©.
• Provide current Maryland authority defining attempted entry under Section 6-205. The supplied pattern instructions define the entry required for a completed offense but do not address an attempt.