Rockville Burglary Lawyer

Burglary is one of the more serious property crimes in Maryland, and a conviction can carry years in prison and a permanent felony record. If you have been charged with burglary in Rockville or anywhere in Montgomery County, the stakes are high, and the details of your case matter enormously. Maryland recognizes four different degrees of burglary, each with its own elements and penalties, and understanding which one you face is the starting point for building your defense. At Krum, Gergely & Oates, our Rockville office is minutes from the Montgomery County courts, and we are ready to defend you against burglary charges.

The Four Degrees of Burglary in Maryland

Unlike many states, Maryland divides burglary into four distinct degrees. The degree you are charged with depends on the type of structure involved, whether it was a dwelling, and what the prosecution alleges you intended to do.

1. First Degree Burglary under Md. Code Ann., Crim. Law § 6-202 involves breaking and entering the dwelling of another with the intent to commit theft or a crime of violence. It is a felony carrying up to 20 years in prison.
2. Second Degree Burglary involves breaking and entering a storehouse (a building other than a dwelling) with the intent to commit theft, a crime of violence, or arson. It is a felony carrying up to 15 years, with enhanced penalties when firearms are involved.
3. Third Degree Burglary involves breaking and entering the dwelling of another with the intent to commit any crime. It is a felony carrying up to 10 years in prison.
4. Fourth Degree Burglary is the least severe and involves breaking and entering a dwelling or storehouse without the specific intent required for the higher degrees, or possessing burglary tools. It is a misdemeanor carrying up to 3 years in prison.

The distinctions between these degrees are technical, and the difference between a misdemeanor fourth degree charge and a felony first degree charge can mean the difference between a few years and two decades of exposure. This is why experienced legal representation is critical.

How Burglary Differs From Robbery and Theft

People often use the words burglary, robbery, and theft interchangeably, but under Maryland law they are three different crimes:

• Burglary is about unlawfully entering a structure with criminal intent. The crime is complete upon entry with intent, whether or not anything is actually taken.
• Robbery involves taking property directly from a person through force or the threat of force.
• Theft is taking property without the owner’s consent, but without the unlawful entry element of burglary or the force element of robbery.

Because burglary focuses on unlawful entry with intent, you can be charged with burglary even if nothing was stolen. This is an important distinction that affects both the charges and the available defenses.

Where Your Rockville Burglary Case Will Be Heard

Because Rockville is the county seat, burglary cases from Rockville are heard at the Montgomery County courts in the city. Because most burglary charges are felonies, they are typically handled at the Montgomery County Circuit Court at 50 Maryland Avenue, which hears felony cases and jury trials. Fourth-degree burglary, a misdemeanor, may be handled in the District Court for Montgomery County at 191 East Jefferson Street. Our office is minutes from both courthouses, and we appear in them regularly.

The Consequences of a Burglary Conviction

A burglary conviction in Maryland carries serious and lasting consequences:

• Prison time: Depending on the degree, a burglary conviction can carry anywhere from 3 years to 20 years in prison.
• Felony record: First-, second-, and third-degree burglary are felonies, which carry lifelong consequences including loss of firearm rights and voting restrictions while incarcerated.
• Employment and housing: A felony conviction appears on background checks and can make finding employment and housing significantly more difficult.
• Immigration: For non-citizens, a burglary conviction can carry severe immigration consequences.

Defenses to Burglary Charges in Maryland

Burglary cases often turn on the questions of intent and identity, both of which can be challenged. Common defenses our attorneys raise include:

• Lack of intent: Burglary requires the intent to commit a crime at the time of entry. If you entered without that intent, an essential element of the charge is missing.
• No unlawful entry: If you had permission to be in the structure, or a reasonable belief that you did, the unlawful entry element may not be met.
• Mistaken identity: Burglaries often occur without witnesses, and identifications based on limited evidence can be unreliable. If the prosecution cannot place you at the scene beyond a reasonable doubt, the case may not hold up.
• Insufficient evidence: The prosecution must prove every element of the specific degree charged. An experienced attorney can challenge whether the evidence actually supports the degree of burglary alleged, potentially reducing the charge.