Home / Blog / Fourth Degree Burglary in Maryland: Charges, Penalties, and Defenses

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

Fourth degree burglary is the least severe burglary offense under Maryland law, but it still carries serious consequences, including potential jail time, fines, and a criminal record. At FrizWoods Criminal Defense, we regularly defend clients accused of burglary and related crimes, providing aggressive representation aimed at securing the best possible outcomes.

What Constitutes Fourth Degree Burglary in Maryland?

Fourth degree burglary in Maryland is codified under Maryland Criminal Law Code Section 6-205. This charge encompasses several acts, including:

• Breaking and entering into someone else’s dwelling, storehouse, yard, garden, or other property without authorization.
• Being in or on someone else’s dwelling, storehouse, or property with intent to commit theft.
• Possession of Burglar’s Tools in Maryland

Unlike first, second, and third-degree burglary, fourth degree burglary does not necessarily require entry into a home or business with intent to commit a violent crime or theft. It covers a broader scope, including unauthorized entry without necessarily having criminal intent to commit another crime.

Penalties for Fourth Degree Burglary

Although fourth degree burglary is the least severe burglary offense, it is still classified as a misdemeanor. If convicted, you could face penalties including:

• Imprisonment: Up to 3 years in jail.
• Fines: Up to $1,000.
• Permanent Criminal Record: Can negatively impact employment opportunities, housing, professional licensing, and your overall reputation.

Additionally, subsequent convictions or prior criminal history can significantly increase the potential penalties and complications in sentencing.

Elements Required for Conviction

To secure a conviction for fourth degree burglary, Maryland prosecutors must demonstrate beyond a reasonable doubt:

1. Unauthorized Entry or Presence: That you entered or remained on someone else’s property without permission.
2. Knowledge: You knowingly entered or remained without permission, or with criminal intent.
3. Intent: Depending on the specific charge, prosecutors must show either your intent to commit theft or burglary, or your possession of burglar’s tools indicating an intent to commit a crime.

Common Defenses to Fourth Degree Burglary Charges

Defending against fourth degree burglary charges often involves strategic legal defenses, including:

• Consent: If you had permission to enter the property or reasonably believed you had consent.
• Mistaken Identity: Challenging eyewitness identifications or evidence tying you to the alleged burglary.
• Lack of Intent: Arguing that you had no intent to commit theft or another crime while on the premises.
• Unlawful Search and Seizure: If evidence or burglar’s tools were discovered during an unlawful search, it may be excluded from your trial, weakening the prosecution’s case.

Working with a skilled defense attorney from FrizWoods can help develop and strengthen your defense strategy, potentially reducing charges or achieving acquittal.

Related Criminal Defense Resources

Explore additional information on related charges and potential defenses:

• Maryland First-Degree Burglary Charges
• Possession of Burglar’s Tools in Maryland
• Trespassing Charges in Maryland
• Theft and Property Crimes

Why Choose FrizWoods Criminal Defense?

At FrizWoods, we have extensive experience defending burglary charges across Maryland courts. Our attorneys provide:

• Personalized and strategic case evaluation.
• Experienced representation focused on achieving the best possible results.
• Aggressive advocacy to protect your constitutional rights.
• Dedicated trial attorneys who are ready to fight for you in court.

Facing a Fourth Degree Burglary Charge? Contact FrizWoods Today.

If you’re charged with fourth degree burglary, contact the experienced criminal defense team at FrizWoods Criminal Defense for a free, confidential consultation. Let our dedicated attorneys help protect your rights, your freedom, and your future.