Prince George’s County Burglary Lawyer

There are four degrees of burglary as defined by PG County law. A burglary involves entering into a structure of another without permission. The nature of the invasion and the intent inside dictates the level of burglary.

A person charged with burglary should hire a distinguished theft lawyer because burglary is a serious charge that could carry significant incarceration. A Prince George’s County burglary lawyer can help you prepare a defense argument to present in court.

Burglary vs Trespassing

The difference between burglary and glorified trespassing is that trespassing is the entering onto property without permission. A fourth-degree burglary is a trespass, but onto property. There may not be any intent to commit a wrongful act or to commit a crime.

The intent is not a requirement, this means, if a drunk person goes to the wrong house, and falls asleep on the couch, they could be charged with fourth-degree burglary. This type of charge is considered glorified trespassing.

Whereas a trespass carries the potential of a couple of months’ incarceration, a fourth-degree burglary, although a misdemeanor, carries significantly more. First, second, and third-degree burglaries are felonies and carry more serious incarceration than fourth-degree misdemeanors.

What Elements of Burglary Does the Prosecution Need to Prove?

The prosecution treats burglary charges in PG County according to the seriousness of the offense. The more serious the offense, the more aggressively they prosecute. If it is a first-degree burglary, it is vigorously prosecuted. If it is a fourth-degree burglary, which is like a glorified trespass, it is not seen in the same perspective or prosecuted as vigorously.

The elements of a burglary crime that the prosecution has to prove in a PG County case depends on which category of burglary it is. If it is a fourth-degree burglary, the prosecutors have to prove that the person entered into a property without permission.

If it is a second- or first-degree burglary, they have to prove that in addition to elements of the fourth degree, intent to commit a crime within. If somebody breaks into a house to sleep and get out of the rain, it is a fourth-degree burglary. If somebody breaks in to steal property, it is a first-degree burglary.

Facing Potential Aggravated Charges

If an attempted burglary causes damage to the person’s property, it could be an additional charge if it is malicious destruction of property. If it was an accident, there is no other charge but they may have to pay restitution and damages.

Some aggravating factors for burglary in include a prior charge, a burglary charge, if the homeowner was home, if a lot of property was damaged or taken, and if a weapon was involved or on their person. These factors can be problematic for a judge and prosecutor.

A person charged with any type of theft in PG County should contact a Prince George’s County burglary lawyer, because theft is a serious charge that carries significant consequences, including a criminal record, incarceration, and being labeled for life. These are significant issues that could result from a theft charge.