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Published on 2/17/2025, 1:59:00 PM

How to Beat a Burglary Charge in Maryland

Facing a burglary charge in Maryland can be overwhelming and stressful. The potential penalties are severe, and a conviction can result in substantial jail time, hefty fines, and a criminal record that follows you for life. However, with the right defense strategy and an experienced criminal defense attorney, it is possible to beat a burglary charge. In this post, we'll explore burglary laws in Maryland, possible defenses, and what steps you should take if you've been charged.

Understanding Burglary Charges in Maryland

In Maryland, burglary is classified into different degrees, depending on the severity of the crime:

  • First-degree burglary (Felony) - Breaking and entering into a dwelling with the intent to commit a theft or violent crime.
  • Second-degree burglary (Felony) - Breaking into a storehouse with the intent to commit a crime.
  • Third-degree burglary (Felony) - Breaking into a building with intent to commit any crime.
  • Fourth-degree burglary (Misdemeanor) - Unlawfully entering a building or property.

Each charge carries different penalties, but all burglary offenses are taken seriously by Maryland courts.

Common Defenses Against Burglary Charges

1. Lack of Intent

Burglary requires the prosecution to prove that you entered a building with the intent to commit a crime. If you did not have criminal intent, your lawyer can argue that the charge should be dismissed or reduced.

2. Mistaken Identity

Eyewitness testimony and surveillance footage can sometimes lead to mistaken identity. If there is no clear evidence tying you to the alleged crime, your lawyer can challenge the prosecution's case based on weak or unreliable identification.

3. Consent or Permission

If you had permission from the property owner to enter, then the charge of breaking and entering does not apply. This is a common defense if you were invited to the property or had prior authorization to be there.

4. Lack of Evidence

The prosecution must prove beyond a reasonable doubt that you committed burglary. If there is insufficient evidence, your attorney can file a motion to dismiss the case.

5. Violation of Constitutional Rights

If evidence was obtained through an illegal search and seizure, your attorney can file a motion to suppress evidence, which may weaken the prosecution's case.

6. Alibi Defense

If you can prove that you were elsewhere at the time of the alleged burglary, presenting an alibi can be a strong defense against the charges.

What to Do If You're Facing a Burglary Charge in Maryland

  1. Remain Silent - Do not answer police questions without an attorney present.
  2. Hire an Experienced Criminal Defense Lawyer - A skilled attorney can analyze the evidence and develop a strong defense strategy.
  3. Gather Evidence - Witness statements, alibi evidence, and surveillance footage can help in your defense.
  4. Challenge the Prosecution's Case - Your attorney will look for weaknesses in the state's case and file pre-trial motions where necessary.
  5. Consider Plea Bargains Carefully - If evidence against you is strong, a plea deal may reduce your charges or penalties.

FAQs

Q: What are the penalties for burglary in Maryland?

A: Penalties vary by degree, with first-degree burglary carrying up to 20 years in prison and fourth-degree burglary being a misdemeanor punishable by up to 3 years.

Q: Can burglary charges be reduced or dismissed?

A: Yes. Depending on the circumstances, an experienced defense attorney can negotiate a plea deal, prove lack of intent, or get the case dismissed due to lack of evidence.

Q: How can a lawyer help me beat a burglary charge?

A: A lawyer can analyze the case, suppress illegally obtained evidence, challenge witness credibility, and build a strong defense strategy tailored to your case.

Q: What should I do immediately after being arrested for burglary?

A: Remain silent, avoid talking to law enforcement without a lawyer, and contact a criminal defense attorney as soon as possible.

Contact FrizWoods for Your Defense

At FrizWoods Criminal Defense, we have years of experience defending clients against burglary charges in Maryland. If you or a loved one has been accused of burglary, contact us today for a free consultation to discuss your legal options.


Facing a burglary charge is serious, but with the right legal strategy, you can fight back. Take immediate action, hire an experienced Maryland Burglary defense attorney, and challenge the prosecution's case to increase your chances of success.