First Degree Burglary in Maryland: CR Section 6-202
First degree burglary is the most serious burglary charge in Maryland: a felony carrying up to 20 years, and up to 25 when charged as home invasion. The charge means the State believes you broke into someone's home to steal or to hurt someone. What the State believes and what it can prove beyond a reasonable doubt are different things, and burglary cases in particular have five separate elements that each give the defense a target.
What the Statute Prohibits
Criminal Law Section 6-202 creates two crimes:
| Charge | Conduct | Classification | Maximum penalty |
|---|---|---|---|
| Burglary in the first degree (Section 6-202(a)) | Breaking and entering the dwelling of another with intent to commit theft | Felony | 20 years |
| Home invasion (Section 6-202(b)) | Breaking and entering the dwelling of another with intent to commit a crime of violence | Felony | 25 years |
The Five Elements of First Degree Burglary
Maryland's pattern jury instruction (MPJI-Cr 4:06) requires the State to prove all five:
- A breaking. Creating or enlarging an opening: opening a window, pushing open a door. Entry gained by fraud, trick, or force also counts as a breaking.
- An entry. Any part of the defendant's body inside the house.
- Someone else's dwelling. A dwelling is a structure where someone regularly sleeps. Vacant buildings, businesses, and sheds are not dwellings, and charging them as first degree burglary is a defense issue, not a technicality.
- Intent to commit theft inside, formed at the time of the breaking and entry. Intent formed after getting inside does not satisfy the element.
- Identity. That the defendant is the person who broke and entered.
For home invasion, the intent element becomes intent to commit a crime of violence inside.
How Burglary Degrees Compare in Maryland
- First degree (Section 6-202): dwelling + intent to commit theft or a crime of violence. Felony, 20 or 25 years.
- Second and third degree (Sections 6-203, 6-204): storehouses and dwellings with lesser intent requirements. See our Maryland burglary lawyer hub for the full ladder.
- Fourth degree burglary (Section 6-205): the misdemeanor catch-all, up to 3 years.
- Rogue and vagabond (Section 6-206): the vehicle break-in version.
Prosecutors routinely charge several degrees at once from a single incident, because a first degree charge automatically supports the lesser counts. That charging pattern creates negotiating room a defense lawyer uses.
Defenses to First Degree Burglary
- No breaking. Walking through an open door is not a breaking. The State must prove the opening was created or enlarged.
- Not a dwelling. If nobody regularly sleeps there, the first degree charge fails, whatever else the facts show.
- No intent at entry. The intent to steal must exist at the moment of the breaking and entry. A person who entered for another reason, to sleep, to retrieve their own property, to see an ex, did not commit first degree burglary.
- Claim of right. Entering to take property you honestly believe is yours negates the intent to commit theft.
- Identity and the "recent possession" inference. These cases often rest on the defendant being found with property taken in the burglary. That inference can be answered with a reasonable explanation of how you came to have the property, and we hold the State to the gaps in fingerprints, DNA, and video.
What Happens After a First Degree Burglary Charge
As a felony, the case heads to Circuit Court by indictment or criminal information, usually after a preliminary hearing in District Court. Expect a bail argument where the State leans on the word "burglary," discovery fights over forensic evidence, and real trial leverage if the dwelling, breaking, or intent elements are weak. Read our guide on how to beat a burglary charge in Maryland for the defense playbook.
Frequently Asked Questions
What is first degree burglary in Maryland?
Breaking and entering someone else's dwelling with the intent to commit theft, under Criminal Law Section 6-202(a). It is a felony carrying up to 20 years. Breaking and entering a dwelling with intent to commit a crime of violence is home invasion under Section 6-202(b), carrying up to 25 years.
Is first degree burglary a felony?
Yes. Both first degree burglary and home invasion are felonies, tried in Circuit Court, with 20 and 25 year maximums respectively.
What is the difference between burglary and home invasion in Maryland?
The intended crime inside. Intent to commit theft makes it first degree burglary (20 years). Intent to commit a crime of violence, like assault or rape, makes it home invasion (25 years). Both require breaking and entering a dwelling.
Can a first degree burglary charge be reduced?
Often. The distance between first degree burglary and fourth degree burglary is proof of the dwelling element and intent at entry. When those elements wobble, cases resolve as lesser degrees, trespass, or theft, sometimes without a felony conviction.
Do you have to steal something to be convicted of burglary?
No. The crime is complete at the moment of breaking and entering with the intent to steal. Nothing needs to be taken. The flip side: proof that nothing was taken and nothing was disturbed is evidence the intent never existed.
Charged With Breaking Into a Home? Get Trial Lawyers
Burglary convictions are built on inference: possession of property, presence in the area, a partial print. Inferences can be answered, and Max Frizalone and Luke Woods have answered them in front of Maryland juries for years. Contact us for a free consultation before you give any statement.