Is Burglary a Felony? Maryland's Four Degrees, Explained
Mostly yes: three of Maryland's four burglary degrees are felonies, with maximums running from 10 to 25 years. Only fourth degree burglary, the catch-all "breaking and entering" charge, is a misdemeanor. This page walks the whole ladder: what each degree requires, the penalties, how "breaking and entering" fits in, and where charges get knocked down a rung.
The Four Degrees at a Glance
| Charge | Statute | What it requires | Classification | Maximum penalty |
|---|---|---|---|---|
| First degree burglary | CR Section 6-202 | Breaking and entering a dwelling with intent to commit theft or a crime of violence | Felony | 20 years |
| Home invasion | CR Section 6-202(b) | Breaking and entering a dwelling knowing someone is inside, with intent to commit a crime of violence | Felony | 25 years |
| Second degree burglary | CR Section 6-203 | Breaking and entering a storehouse with intent to commit theft, a crime of violence, or arson | Felony | 15 years (20 if the intent was to steal a firearm) |
| Third degree burglary | CR Section 6-204 | Breaking and entering a dwelling with intent to commit any crime | Felony | 10 years |
| Fourth degree burglary | CR Section 6-205 | Breaking and entering a dwelling or storehouse (no intent required), being in or on property with intent to commit theft, or possessing burglar's tools | Misdemeanor | 3 years |
Full charge pages: first degree burglary, the burglary defense hub, and fourth degree burglary.
The Two Questions That Set the Degree
Every Maryland burglary charge is graded by the answers to two questions:
1. What kind of building? A dwelling is a place where people live. A storehouse is essentially everything else: stores, warehouses, offices, garages, barns, even boats and aircraft. Dwellings get the higher degrees because the law treats invading a home as a different order of wrong.
2. What was the intent at the moment of entry? Intent to commit theft or a crime of violence inside a dwelling makes it first degree. Intent to commit any crime in a dwelling makes it third degree. No provable intent at all leaves only fourth degree. The State must prove what was in the defendant's head at the time of the breaking, which is why intent is the most litigated element in burglary trials.
"Breaking and Entering" Charges
People searching for a "breaking and entering charge" are usually looking at fourth degree burglary, CR Section 6-205. It criminalizes the entry itself, no criminal purpose required, and it is the fallback count in nearly every burglary charging document. It covers four versions: breaking and entering a dwelling, breaking and entering a storehouse, being on property with intent to commit theft (this is where many rogue and vagabond-adjacent cases live), and possessing burglar's tools.
"Breaking" does not require damage. Opening an unlocked door or window, or entering through fraud, satisfies the element. What it does require is entry without authority; walking through an open door of a business during business hours is not a breaking. Our breaking and entering page covers these cases in depth.
How Degrees Get Knocked Down
The gaps between degrees are where burglary cases are won:
- Intent proof fails. No confession, no stolen goods, no tools: the State often cannot prove intent to steal at entry, dropping first or third degree to fourth.
- Dwelling vs. storehouse. Vacant houses, buildings under renovation, and detached structures generate genuine disputes over dwelling status.
- No breaking. Consent, invitation, or lawful access defeats the entry element entirely. Roommate, ex-partner, and landlord-tenant disputes produce many wrongly charged burglaries.
- Identity. Nighttime entries with no eyewitness rest on fingerprints, DNA, or possession of stolen property, all challengeable.
- Double-conviction protection. A person convicted of theft under CR Section 7-104 cannot also be convicted of fourth degree burglary for the same conduct.
See how to beat a burglary charge for the full defense playbook, and robbery vs. burglary vs. theft if you are sorting out which charge fits which facts.
Frequently Asked Questions
Is burglary a felony in Maryland?
First, second, and third degree burglary are felonies, carrying 20, 15, and 10 year maximums. Fourth degree burglary is a misdemeanor with a 3-year maximum.
What is a breaking and entering charge?
In Maryland, "breaking and entering" without proof of criminal intent is fourth degree burglary under CR Section 6-205, a misdemeanor carrying up to 3 years. Breaking does not require damage; opening an unlocked door counts.
What is burglary in the first degree?
Breaking and entering someone's dwelling with intent to commit theft or a crime of violence, a felony carrying up to 20 years. The home invasion variant, entering knowing someone is home with intent to commit a crime of violence, carries up to 25.
Can a burglary charge be reduced?
Frequently. Attacking the intent element or the dwelling classification drops the degree, and consent or lawful-access evidence can defeat the charge entirely.
Charged With Any Degree of Burglary?
The degree you are charged with is a prosecutor's opening position, not a verdict. FrizWoods defends burglary cases across Maryland. Start at the burglary defense hub or contact us for a free consultation.