Burglary / Breaking and Entering
The term “burglary” is synonymous with the term “breaking and entering” in Maryland, with some exceptions.
1st Degree Burglary
- Break and enter a dwelling of another to commit a theft; or
- Break and enter a dwelling of another to commit a crime of violence (see list of crimes of violence under CR 14-101)
2nd Degree Burglary
- Break and enter a storehouse of another with intent to:
- Commit a theft; or
- Commit a crime of violence (see CR 14-101); or
- Commit an arson in the 2nd degree; or
- Steal a firearm.
3rd Degree Burglary - break and enter a dwelling of another to commit (any other) crime
4th Degree Burglary
- Break and enter the dwelling of another; or
- Break and enter a storehouse of another; or
- With intent to commit a theft, be in or on a dwelling, storehouse, yard/garden/other area; or
- possess burglar’s tools with intent to use them.
The violations above are either felonies or misdemeanors. Felonies include: 1st, 2nd, and 3rd degree burglaries. Any 4th degree burglary is a misdemeanor. 4th degree burglaries are not excepted misdemeanors (see warrantless arrests), meaning law enforcement cannot make an on-view arrest unless the officer personally witnesses the crime occurring in view of the officer. All felonies, however, regardless of whether the officer saw or was in view of the crime, may result in an arrest.
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