Burglary Attorneys Serving Millersville, Maryland
In the United States, over 2 million burglaries are reported each year. At common law, burglary was a specific offense—the breaking and entering of a person’s home at night with the intent to commit a felony. Most states’ burglary laws today, however, provide for a much broader definition of burglary. Under Maryland’s criminal statutes, burglary is defined as breaking and entering or unlawfully remaining in a building with the intent to commit a crime. The crime does not have to occur at night to constitute burglary. If you enter the dwelling of another with the intent to commit a violent crime, it is considered first-degree burglary, which is a very serious crime with harsh penalties. The following list includes many of the crimes that are considered violent crimes in the state of Maryland:
Abduction
Arson in the first degree
Assault in the first degree or with the attempt to commit murder, rape, robbery, or sexual offense in the first or second degree
Carjacking and armed carjacking
Child abuse and child sexual abuse
Kidnapping
Manslaughter (except involuntary manslaughter)
Maiming
Mayhem
Murder
Rape
Robbery
Sexual offense in the first or second degree
Use of a handgun in the commission of a felony
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Burglary has historically been considered a serious felony punishable by harsh penalties because it interferes with the victim’s right to feel secure in his or her own home. The law recognizes varying degrees of burglary, with harsher punishments for the most egregious types, including burglary of a dwelling or with the use of a firearm. According to Maryland law, a dwelling is a building that is intended to be used for overnight occupancy by any person. A storehouse is defined as a building or other structure, watercraft, barn, stable, pier, wharf, building attached to a pier or wharf, storeroom or public building, trailer, aircraft, vessel, or railroad car. A firearm is defined as a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, short-barreled rifle, machine gun, or regulated firearm. The following table outlines the penalties associated with the varying degrees of burglary in Maryland:
For more information, a free consultation is your best next step. Get the information and legal answers you are seeking and talk to Arnold F. Phillips by calling today. We serve the areas of Millersville, Cumberland, McHenry, Garrett County, and Allegany County, Maryland.
Crimes | Type of Structure Entered | Underlying Intent | Type of Charge | Maximum Fine | Maximum Jail Sentence |
---|---|---|---|---|---|
1st Degree Burglary | Dwelling | Theft or Crime of Violence | Felony | N/A | 20 years |
2nd Degree Burglary | Storehouse | Theft, Crime of Violence, or Arson | Felony | N/A | 25 years |
2nd Degree Burglary | Storehouse | Theft of a Firearm | Felony | $10,000 | 20 years |
3rd Degree Burglary | Dwelling | Any Crime | Felony | N/A | 10 years |
4th Degree Burglary | Storehouse, dwelling, yard, or other areas (or possession of burglars’ tools with the intent to enter any of the above) | None | Misdemeanor | N/A | 3 years |
Burglary to Motor Vehicle | Motor vehicle | Theft | Misdemeanor | N/A | 3 years |
Burglary with a Destructive Device | Vault, safe, or security depository during the commission of 1st, 2nd, or 3rd-degree burglary | Theft | Felony | N/A | 20 years |