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Second Degree Burglary Under Maryland Law

Posted: in Criminal Defense,

Second Degree Burglary in Baltimore: Why is this offense charged?

This crime is premised on unlawfully breaking and entering into specific types of structures with the intent to commit certain crimes. So, What is Second Degree Burglary in Maryland? A person is guilty of second-degree burglary if they break and enter into the following structures with the intent to commit certain crimes:

A storehouse(a structure used for business, storage, or other purposes, such as warehouses, barns, or garages).

With intent to commit:

   – Theft,

   – A crime of violence, or

   – Arson in the second degree.

Penalties

Second Degree Burglary under Maryland law is a felony. If the intent is to steal, take, or carry away a firearm the penalty increases up to 20 years.

Key Elements for Conviction

To secure a conviction for second-degree burglary, the prosecution must prove:

Breaking and entering: The accused broke into and entered the specified structure without authorization.

Specific intent: The accused had the intent to commit theft, a crime of violence, or arson when breaking and entering.

Distinctions from Other Degrees of Burglary

Second Degree Burglary Under Maryland Law? Why is it charged? For one, it is easier to prove than First Degree Burglary.

First-degree burglary applies to breaking into a dwelling with the intent to commit theft or a crime of violence.

Legal Analysis: Illustrative case: State v. Fisher “The test in this jurisdiction as to whether a particular place is a dwelling house is whether it is used regularly as a place to sleep. “

Third-degree burglary involves breaking into a dwelling with the intent to commit any crime.

Fourth-degree burglary includes lesser offenses such as trespassing or possession of burglar’s tools.\

 

As Attorney Eric T. Kirk will tell you.

 

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    1001 N. Calvert Street 4th Floor
    Ste. 401, Baltimore, MD 21202