Breaking and Entering Charge in Maryland
Maryland does not actually have a crime called "breaking and entering." What people mean by a breaking and entering charge is one of Maryland's burglary offenses, which range from a misdemeanor all the way up to a serious felony. Which one you face depends on what was entered, whether it was a home or a storehouse, and what the State says you intended to do inside.
This page explains the degrees so you know what you are actually charged with. If you need representation, our Maryland burglary lawyer page is the place to start.
Max Frizalone
Founding partner of FrizWoods LLC known for courtroom-first strategy and client-focused advocacy.
- Former Prince George's County State's Attorney and Maryland Public Defender.
- Handled serious cases including carjackings, attempted murder, armed robbery, and violent felonies.
- A thoroughly reviewed criminal lawyer with a track record of trial wins in high-stakes felony and misdemeanor cases.
Luke Woods
Veteran trial attorney with decades of criminal defense experience across Maryland courts.
- Over 20 years of experience in Maryland criminal courts
- Handled thousands of cases and 100+ trials.
- Extensive motion practice, jury/bench trials, and complex felony litigation.
The four degrees of burglary in Maryland
First degree burglary (Criminal Law Section 6-202)
Breaking and entering the dwelling of another with the intent to commit theft or a crime of violence is first degree burglary, the most serious version. The related offense of home invasion under the same section carries up to 25 years in prison.
Second degree burglary (Criminal Law Section 6-203)
A person may not break and enter the storehouse of another with intent to commit theft, a crime of violence, or arson. This is a felony punishable by up to 15 years. If the intent was to steal a firearm, the maximum rises to 20 years and a $10,000 fine.
A "storehouse" is essentially any building that is not a home, such as a business, warehouse, or shed.
Third degree burglary (Criminal Law Section 6-204)
A person may not break and enter the dwelling of another with the intent to commit a crime (any crime, not just theft). This is a felony punishable by up to 10 years.
Fourth degree burglary (Criminal Law Section 6-205)
This is the basic "breaking and entering" charge most people are talking about. Under Section 6-205, a person may not:
- break and enter the dwelling of another; or
- break and enter the storehouse of another; or
- be in or on the dwelling, storehouse, or surrounding yard or garden of another with intent to commit theft; or
- possess a burglar's tool intending to use it to commit one of these offenses.
Fourth degree burglary is a misdemeanor punishable by up to 3 years. Notice what is missing: for the break-and-enter versions, the State does not have to prove you intended to commit a specific crime inside. That is what makes it the catch-all "breaking and entering" charge.
Rogue and vagabond (Criminal Law Section 6-206)
Breaking and entering a motor vehicle, or possessing a tool to do so, with intent to commit theft, makes a person a rogue and vagabond. It is a misdemeanor carrying up to 3 years.
What the State has to prove
For the intent-based degrees (first, second, third), the prosecutor must prove both the breaking and entering and the specific intent the statute requires. Intent is often the weakest link in the State's case because it usually has to be inferred from circumstances.
For fourth degree breaking and entering, the State does not need to prove intent for the entry itself, which is why it is frequently used when the facts are thin on what the person planned to do.
How these charges are defended
- Attack the "breaking" or "entering." Both elements have legal definitions the State must satisfy.
- Challenge intent. Where the charge requires a specific intent, weak or circumstantial proof can knock a felony down or out.
- Identity. Many cases rest on grainy video or a single witness.
- Push for a lower degree. The statute itself allows a person charged with a higher degree to be convicted of a lower one, which cuts both ways in negotiation.
- Suppression. Statements and searches tied to the arrest may be challenged.
Frequently asked questions
Is breaking and entering a felony in Maryland?
It depends on the degree. First, second, and third degree burglary are felonies. Fourth degree burglary (the basic breaking and entering) and rogue and vagabond are misdemeanors carrying up to 3 years.
What is the difference between burglary and breaking and entering?
In Maryland they are the same family of crimes. "Breaking and entering" usually refers to fourth degree burglary under Section 6-205, the misdemeanor version that does not require proving a specific intent.
Can I be charged if I did not steal anything?
Yes. Fourth degree breaking and entering does not require a completed theft, and the higher degrees turn on your intent, not on whether you succeeded.
Talk to a Maryland breaking and entering lawyer
Whether you are charged with felony burglary or misdemeanor breaking and entering, the degree, the intent, and the evidence are all worth fighting over. Contact us for a free consultation.
Related resources
- Maryland Burglary Lawyer
- Fourth Degree Burglary in Maryland
- How to Beat a Burglary Charge
- Possession of Burglar's Tools
- Maryland Theft Charges