Burglary – 1st, 2nd, 3rd, and 4th Degree

David Martella and Raquel Smith understand the complexities of Maryland’s burglary laws. In Maryland, burglary is categorized into four degrees, each carrying its own definitions and penalties. It’s crucial to note that the degree of burglary is determined by the specifics of the crime, such as the type of property involved and the alleged burglar’s intent. Use of a firearm during any of the offenses described below vastly increases the seriousness of the potential penalties and consequences.

First Degree Burglary

First degree burglary is the most serious of all. It is defined as breaking and entering into another’s dwelling with the intent to commit theft or a crime of violence. Given its severity, it carries the harshest penalties, including a potential prison sentence of up to 20 years. According to the 2024 edition of the Maryland sentencing guidelines, the recommended sentence for someone with no prior record, who is convicted of first degree burglary that does involve use a weapon or injury to a victim, falls with range of 3 months to 4 years. However, the specific facts of each case greatly effect the sentence that may be imposed.

Second Degree Burglary

Second degree burglary involves breaking and entering into a storehouse (a place for keeping goods), not a dwelling, with the intent to commit theft, arson, or a crime of violence. This offense carries a potential prison sentence of up to 15 years. According to the 2024 edition of the Maryland sentencing guidelines, the recommended sentence for someone with no prior record, who is convicted of second degree burglary that does involve use a weapon or injury to a victim, falls with range of probation to two years.

Third Degree Burglary

Third degree burglary is defined as breaking and entering into another’s dwelling with the intent to commit any crime, not just theft or a crime of violence. This offense can result in a prison sentence of up to 10 years. According to the 2024 edition of the Maryland sentencing guidelines, the recommended sentence for someone with no prior record, who is convicted of third degree burglary that does involve use a weapon or injury to a victim, falls with range of probation to two years.

Fourth Degree Burglary

Fourth degree burglary is the least severe of the four. It’s defined as simply breaking and entering into another’s dwelling or storehouse, regardless of the intent to commit a crime. It carries a potential prison sentence of up to 3 years. According to the 2024 edition of the Maryland sentencing guidelines, the recommended sentence for someone with no prior record, who is convicted of fourth degree burglary that does involve use a weapon or injury to a victim, falls with range of probation to probation.

If you or a loved one is facing a burglary charge in Maryland, it’s important to seek legal assistance promptly. At the Smith Martella Law Group, LLC, we have a deep understanding of Maryland’s burglary laws and can help navigate the complex legal process. Contact us at (301) 251-9001 to discuss your case.