Burglary Defense Lawyer
Burglary in Maryland is not the offense most people picture. It does not require force, it does not require damage, and it does not require that anything was taken. What it requires is an entry, and a particular intent at the moment of that entry. Because intent is almost never proved directly, these cases are built on inference drawn from circumstances, which is exactly where they are most open to challenge. At Walsh-Little Law, David Walsh-Little defends clients facing burglary and related property charges in the District and Circuit Courts of Baltimore City and the surrounding counties.
David Walsh-Little spent over a decade with the Maryland Office of the Public Defender, including three years as chief of the felony trial division in the Baltimore City office, and more than four years as an assistant federal public defender. Property and theft offenses form a significant portion of the Baltimore criminal docket, and David Walsh-Little has years of experience handling those cases.
The Four Degrees of Burglary in Maryland
Maryland divides burglary into four degrees, set out in Title 6, Subtitle 2 of the Criminal Law Article. Which degree applies turns on two questions: what kind of building was entered, and what the person intended to do once inside.
- First degree burglary (§ 6-202) is breaking and entering the dwelling of another with the intent to commit theft, a crime of violence and can carry up to 25 years.
- Second degree burglary (§ 6-203) covers a storehouse rather than a dwelling. Depending on the facts, up to 20 years of incarceration can be imposed for this crime.
- Third degree burglary (§ 6-204) is breaking and entering a dwelling with the intent to commit any crime, a broader intent element than first degree. Up to 10 years is at stake for this crime.
- Fourth degree burglary (§ 6-205) is a misdemeanor carrying up to 3 years, reaching entry without proof of a further criminal intent, being in the yard or curtilage of a dwelling with intent to steal, and possession of burglar’s tools.
The distinction between a dwelling and a storehouse is important. A dwelling is a place where someone lives, and it does not have to be occupied at the moment of entry. That single classification affects the potential maximum penalty and can be contested where a property was vacant, unfinished, a garage, a converted space, or in mixed use.
What’s at Stake If You Are Convicted of Burglary in Maryland
Criminal Penalties
The statutory maximums can be up to 25 years for first degree, 20 for second, 10 for third, and 3 for fourth degree. Those are ceilings rather than expected sentences. What a court actually imposes depends on the facts, your prior record, and the circumstances of the case, and outcomes vary considerably.
Related Charges Filed Alongside
Burglary is rarely charged alone. Theft counts under Title 7 are commonly filed with it, graded by the value of the property alleged. Malicious destruction of property, trespass, and possession of burglar’s tools frequently appear on the same charging document. Where another person was present, the State may add assault or, depending on the facts, robbery, which is a distinct offense with its own exposure. Multiple counts expand the potential sentence and change the shape of any negotiation, because counts can resolve differently from one another.
Collateral Consequences
A burglary conviction is a theft-related offense on your record, which many employers and licensing boards treat as an offense involving dishonesty. It can affect housing applications, professional licensing, and security clearances. For non citizens the immigration consequences can be severe. Restitution may also be ordered separately from any sentence.
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I recommend David's criminal defense and DWI defense services.
Baltimore criminal defense lawyer David Walsh-Little first came to my attention over 25 years ago, when I learned about his legal assistance to Plowshares activists. Since that time, I have occasionally communicated with him and then talked with David in depth on my podcast.
I can confidently recommend criminal defendants to David for Maryland matters for which I do not offer assistance.
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What ‘Breaking and Entering’ Actually Requires
The phrase suggests forced entry, and that is where most people’s understanding of these charges goes wrong. Maryland does not require damage or force.
- A breaking can be constructive. Opening an unlocked door, pushing open a partly open window, or entering through a means not intended for entry can satisfy the element.
- Entry by fraud or by threat can also qualify.
- The entry itself can be minimal, and does not require that the whole body cross the threshold.
The element that most often decides these cases is intent, because the State must prove what a person meant to do at the moment of entry. That is rarely proved directly. It is usually inferred from circumstances: the time of day, whether tools were carried, what was said, and what happened afterward. Inference is where a burglary case is most open to challenge, because the same facts frequently support more than one explanation. Someone present in a building without permission may be guilty of trespass, which is a materially different charge, and the line between the two is the intent element.
Burglary Defense Strategies in Baltimore
Every case turns on its own facts, and the approach that fits one case may be wrong for another. These are the lines of defense that come up most often in Maryland burglary matters.
Challenging the State’s Proof of Intent
Where the State’s proof of intent rests on inference, the defense can offer the competing explanation the same facts support. Presence, even unlawful presence, is not by itself proof of an intent to commit a crime inside. Narrowing the case to trespass rather than burglary changes the exposure substantially.
Permission and Authority to Enter
A person with permission to be somewhere has not broken and entered. This arises frequently between former partners, roommates, tenants after a disputed eviction, and family members, where the question of who was still permitted to enter is genuinely unsettled and often undocumented.
Questioning the Identification
Many burglary cases are built on brief observations, surveillance footage of variable quality, or a stop some distance away. The conditions under which an observation was made, and the reliability of the procedure police used, are open to examination.
Disputing the Classification of the Building
Whether a structure was a dwelling or a storehouse determines the degree charged, and with it the exposure. Where a property was vacant, unfinished, or in commercial use, that classification can be contested.
Search and Seizure Challenges
How officers entered, whether a stop was supported by reasonable suspicion, and whether recovered property was lawfully obtained can each affect what evidence the State is permitted to use. Where a search is successfully challenged, the evidence it produced may be suppressed.
Why Choose David Walsh-Little as Your Baltimore Burglary Attorney
David Walsh-Little’s background spans both state and federal criminal defense:
- Graduate of Fordham University and Columbia University School of Law
- Interned during law school for civil rights lawyer William M. Kunstler
- Began his career with the Legal Aid Society in the Bronx, representing indigent criminal defendants
- Founded the Sowebo Center for Justice, a grass roots inner city law office in Baltimore
- Over a decade with the Maryland Office of the Public Defender, including three years as chief of the felony trial division in the Baltimore City office.
- More than four years as an assistant federal public defender for the District of Maryland
He uses that experience to examine how the State built its case, identify weaknesses in the evidence, and construct the strongest available defense for each client.
Serving Baltimore & Surrounding Counties
Walsh-Little Law represents clients throughout the Baltimore metropolitan area in both state and federal courts.
Frequently Asked Questions: Burglary in Baltimore
Can I be charged with burglary if nothing was taken?
Yes. Burglary is complete on the breaking and entering with the required intent. Whether anything was actually taken goes to proof of that intent and may affect what other counts are filed, but the absence of a theft does not by itself defeat a burglary charge.
The door was unlocked. Is that still breaking and entering?
What is the difference between burglary and trespass?
Does it matter whether the building was someone's home?
What are the penalties for a first offense?
Contact a Baltimore Burglary Defense Attorney Today, Free Consultation
A burglary charge does not have to define your future. Depending on the facts of your case, various defense strategies and legal options may be available, from challenging what the State says you intended at the moment of entry to the question of whether you had permission to be there at all.
Call Walsh-Little Law today at 410-205-9337 for a free, confidential consultation. David will review your case, explain your options, and start building a defense from day one.
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Disclaimer: The Law Office of David Walsh-Little is a Maryland Limited Liability Company established for the practice of law. The information on this website is for general information only. The content on this site is not legal advice and should not be construed as such. Visitors to this site should not rely on its content when making legal decisions. Access to the information on this website is not intended to, and does not create, an attorney-client relationship between the Law Office of David Walsh-Little, LLC and any other person or entity.
