ANNE ARUNDEL, CALVERT, CHARLES, ST. MARY’S & PRINCE GEORGE’S COUNTIES.
Burglary & Breaking and Entering Defense | Haskell & Dyer
Burglary Is About Intent, Not Just Entry. That Distinction Decides the Case.
Maryland divides burglary into degrees based on the building and the intent behind the entry. These charges often ride alongside a theft count, and each element is something the State has to prove and we can challenge.
Before You Say Anything
Do not explain why you were there.
Burglary turns on what you intended when you entered. Trying to explain your reason can hand the State the intent element it needs to prove, the hardest part of its case. Stay quiet, ask for a lawyer, and call before you say a word about why you were anywhere.
Graded by Building and Intent
The Degrees of Burglary
Maryland sorts burglary into degrees, turning on the kind of structure and what the State says you intended. Where a case lands shapes everything that follows.
First Degree
A dwelling, with intent to commit a crime inside. Breaking into a home carries the most serious burglary exposure because of the risk to people.
Second / Third
Other structures, or a dwelling with differing intent. The degree shifts based on the building involved and what the State claims you meant to do.
Fourth Degree
The lower tier. Entry without the more serious intent the higher degrees require, carrying lighter exposure than felony burglary.
Two Things the State Must Prove
The Entry and the Intent
Burglary is not just being somewhere you should not be. The State has to prove both pieces, and the second is usually the harder one.
The Act
The Entry
The State has to prove you entered, or broke into, the structure. Whether that happened, how, and whether it can be tied to you are all open questions, especially when identification is shaky.
The Mindset
The Intent
The harder element: that you entered intending to commit a crime inside. Without that intent, the charge may be a lesser trespass, not burglary. This is where these cases are most often won.
What We Handle
Common Burglary & Entry Charges
From a trespass dispute to a first-degree felony, we handle the full range.
Burglary
All Four Degrees
From first-degree burglary of a dwelling down to fourth-degree, we defend the full range, attacking the structure classification and the claimed intent the State relies on.
Breaking & Entering
Related Entry Charges
Breaking and entering, unlawful entry, and trespass often travel with or instead of a burglary count. We work to keep a case at the lowest level the facts support.
What's at Stake
From a Misdemeanor to a Serious Felony
Where the case lands on the degree scale changes the exposure dramatically.
Felony
Higher degrees are serious felonies
Prison
Significant incarceration on a conviction
Stacked
Often charged alongside a theft count
Record
A burglary conviction that follows you
How We Defend a Burglary Charge
Intent is the hardest thing for the State to prove. We attack it, along with the entry and the degree.
We Attack the Intent
Without intent to commit a crime inside, burglary may be only a trespass. We press on what the State can actually prove about your purpose.
We Challenge the Entry
Whether there was an unlawful entry at all, and whether it was you, are open questions we test against the evidence.
We Fight the Degree
The structure classification drives the degree. We push to keep the case at the lowest level the facts allow.
We Test Identity
Burglary cases often rest on circumstantial evidence and weak identifications. We challenge whether the State can tie it to you.
Common Questions
Burglary & Breaking and Entering, Answered
What's the difference between burglary and trespassing?
Trespassing is being somewhere you are not allowed to be. Burglary requires more: an entry made with the intent to commit a crime inside. That intent is the key dividing line, and if the State cannot prove it, a burglary charge may come down to a lesser trespass or entry offense.
I went in, but I didn't intend to commit a crime. Is that still burglary?
It may not be. Burglary requires that you entered intending to commit a crime inside, and the State has to prove that intent beyond a reasonable doubt. If you entered for another reason, or the intent simply cannot be shown, the charge can fall to a lesser offense or fail.
What decides the degree of a burglary charge?
Mainly the type of structure and the intent the State alleges. Breaking into a home, a dwelling, carries the most serious exposure, while other structures and lower intent fall into lower degrees. We push to keep a case at the lowest degree the facts support, which can change the outcome significantly.
Why am I charged with both burglary and theft?
They are separate offenses and often travel together: burglary for the entry with criminal intent, theft for anything taken. Each has its own elements the State must prove. We defend both, and weakening one, especially the burglary intent, can affect how the whole case resolves.
The case is mostly circumstantial. Does that help?
It can. Burglary cases frequently rest on circumstantial evidence and uncertain identifications rather than someone witnessing the entry. The State still has to prove every element beyond a reasonable doubt, and gaps in placing you there, or in showing your intent, are often real weaknesses we press on.
Charged With Burglary? The Intent Element Is Worth Fighting.
Whether this is burglary or a lesser entry charge often comes down to intent. Tell us what happened and get an honest read on your defense. The first conversation is free.
Arrested after hours? Call our 24/7 line: 240-687-0179
The Law Offices of Haskell & Dyer, LLC Practicing Law in Anne Arundel, Calvert, Charles, St. Mary’s, and Prince George’s Counties.
The Law Offices of Haskell & Dyer, LLC Practicing Law in Anne Arundel, Calvert, Charles, St. Mary’s, and Prince George’s Counties.
The Law Offices of Haskell & Dyer, LLC
Fax: 301-627-5848
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