Frederick Burglary Lawyer

Burglary is the act of entering another person’s residence intending to commit an offense. While burglary is often thought of as a theft crime, it is really a charge of illegally entering a property for the purpose of committing a crime. There are several degrees of burglary, each with severe consequences. The exception to this is fourth-degree burglary, which does not require any criminal intent in entering into a residence.

If you have been charged with burglary of any degree, it is essential to speak with experienced legal counsel right away. By swiftly consulting a Frederick burglary lawyer, you may be able to fight these charges or at least mitigate the consequences.

Burglary vs. Trespassing

Burglary shares some common elements with the crime of trespassing. However, it is important to understand that there is a distinction based on intent. Trespassing is the act of entering into a residence or other building/structure with the intent to commit a crime. This difference is important, as burglary generally carries tougher penalties in Frederick. A burglary attorney could advise an alleged burglar on the difference between the two charges and how it may affect their case.

Types of Frederick Burglary Charges

Each of the first three degrees of burglary maintains that the defendant illegally entered a property with the intent to commit a crime, but the variation between degrees is the type of crime they intended to commit and the type of domicile they entered.

First-Degree Burglary

Under Maryland law, the first-degree burglary involves entering the private residence of another person with the intent to commit an act of theft or violence. A conviction for the first-degree burglary carries up to 20 years in state prison if they intended to commit theft, but if there was violent intent, the prison sentence may be as long as 25 years.

Second-Degree Burglary

Second-degree burglary charges in Frederick involve breaking and entering a storefront or place of business or warehouse. The charge also requires the intent to commit an act of theft, violence, or arson. A second-degree burglary conviction carries up to 15 years in prison. The penalties are even harsher if the defendant allegedly entered the building to steal a firearm.

Third-Degree Burglary

In Frederick, third-degree burglary involves breaking and entering into another person’s residence with the intent of committing a crime. While this charge sounds similar to the first-degree burglary, this charge covers entering a residence with the intent to commit a crime that does not involve theft or violence. In Frederick, a burglary lawyer could help explain the distinction between first and third-degree burglary. The maximum sentence for a fourth-degree charge is ten years in prison.

Fourth-Degree Burglary

The crime of fourth-degree burglary occurs when an individual breaks into the home of another but lacks the intent to commit any additional crime. These misdemeanor charges may result in a sentence of up to three years.

Possession of Burglar’s Tools

Burglary is treated so severely under state law that merely possessing the tools required to commit the crime could result in criminal charges. It is a misdemeanor to possess a burglar’s tool with the intent to use it in a crime. This charge carries up to three years behind bars. A breaking-and-entering defense attorney may be able to create a defense giving a legitimate reason the accused had such common tools on them at the time of their arrest.

Burglary with a Destructive Device

According to the Maryland Criminal Statute §6–207, the prosecutor must first prove that the defendant used a destructive device while committing first, second, or third-degree burglary. This felony carries up to 20 years in state prison but this time may be affected by other charges. Merely possessing an explosive device could be cause for further incarceration.

Breaking into a Research Facility

Maryland has also adopted a statute designed specifically to punish breaking into any facility where research takes place. This charge carries a maximum of five years in jail. A seasoned burglary attorney in Frederick could have experience defending cases involving these specific Maryland statutes.

Contact a Frederick Burglary Lawyer as Soon as Possible

If you are facing burglary charges in Frederick, you likely understand what is at stake. While a conviction could lead to lasting consequences for you and your family, a Frederick burglary lawyer may be able to mitigate consequences or have charges dismissed with a strong defense. Call a seasoned criminal defense attorney today to schedule a consultation for your case.