Published on 4/10/2025, 4:48:00 PM
Fourth Degree Burglary in Maryland: Charges, Penalties, and Defenses
Fourth Degree Burglary in Maryland: Charges, Penalties, and Defenses
Fourth degree burglary is the least severe burglary offense under Maryland law, but it still carries serious consequences, including potential jail time, fines, and a criminal record. At FrizWoods Criminal Defense, we regularly defend clients accused of burglary and related crimes, providing aggressive representation aimed at securing the best possible outcomes.
What Constitutes Fourth Degree Burglary in Maryland?
Fourth degree burglary in Maryland is codified under Maryland Criminal Law Code Section 6-205, and the statute actually creates four separate versions of the charge:
- Section 6-205(a): Breaking and entering a dwelling. No intent to steal required. The breaking and entering itself is the crime.
- Section 6-205(b): Breaking and entering a storehouse. The same rule for businesses, sheds, and other structures.
- Section 6-205©: Being in or on property with intent to commit theft. Covers the dwelling or storehouse of another, plus a yard, garden, or other area belonging to it. No breaking required for this version.
- Section 6-205(d): Possession of burglar’s tools with the intent to use them, or let someone else use them, in a burglary.
Unlike first degree burglary, fourth degree burglary does not require proof of intent to commit theft or a violent crime inside for the breaking-and-entering versions. That broader reach is exactly why it gets charged so often, and why prosecutors add it to nearly every burglary case as the fallback count.
One built-in protection: under Section 6-205(f), if you are convicted of theft under Section 7-104 for an act, you cannot also be convicted of the “intent to commit theft” version of fourth degree burglary based on the same act.
Penalties for Fourth Degree Burglary
Although fourth degree burglary is the least severe burglary offense, it is still classified as a misdemeanor with real exposure:
| Charge | Classification | Maximum penalty |
|---|---|---|
| Fourth degree burglary, any version (Section 6-205(e)) | Misdemeanor | 3 years of imprisonment |
A conviction also means a permanent criminal record that reads “burglary” to every employer, landlord, and licensing board that runs a background check, and prior convictions make sentencing on any new case worse.
Elements Required for Conviction
To secure a conviction for fourth degree burglary, Maryland prosecutors must demonstrate beyond a reasonable doubt:
- Unauthorized Entry or Presence: That you entered or remained on someone else’s property without permission.
- Knowledge: You knowingly entered or remained without permission, or with criminal intent.
- Intent: Depending on the specific charge, prosecutors must show either your intent to commit theft or burglary, or your possession of burglar’s tools indicating an intent to commit a crime.
Common Defenses to Fourth Degree Burglary Charges
Defending against fourth degree burglary charges often involves strategic legal defenses, including:
- Consent: If you had permission to enter the property or reasonably believed you had consent.
- Mistaken Identity: Challenging eyewitness identifications or evidence tying you to the alleged burglary.
- Lack of Intent: Arguing that you had no intent to commit theft or another crime while on the premises.
- Unlawful Search and Seizure: If evidence or burglar’s tools were discovered during an unlawful search, it may be excluded from your trial, weakening the prosecution’s case.
Working with a skilled defense attorney from FrizWoods can help develop and strengthen your defense strategy, potentially reducing charges or achieving acquittal.
Fourth Degree Burglary FAQs
Is 4th degree burglary a felony in Maryland?
No. It is a misdemeanor under Section 6-205(e), carrying up to 3 years. First, second, and third degree burglary are the felony versions.
What is the difference between fourth degree burglary and trespassing?
Trespass under Sections 6-402 and 6-403 requires posted property or notice to leave and carries 90 days for a first offense. Fourth degree burglary requires a breaking and entering (or presence with intent to steal) and carries up to 3 years. The gap between those two outcomes is where defense negotiation lives.
Can a 4th degree burglary charge be dropped?
Frequently. Weak proof of the breaking, honest-mistake entries, consent, and suppression of tools found in bad searches all produce dismissals and reductions, and first offenders often qualify for outcomes that keep the record clean.
Related Criminal Defense Resources
Explore additional information on related charges and potential defenses:
- Maryland First Degree Burglary Charges
- Maryland Burglary Lawyer
- Possession of Burglar’s Tools in Maryland
- Rogue and Vagabond (Vehicle Break-Ins)
- Trespassing Charges in Maryland
Why Choose FrizWoods Criminal Defense?
At FrizWoods, we have extensive experience defending burglary charges across Maryland courts. Our attorneys provide:
- Personalized and strategic case evaluation.
- Experienced representation focused on achieving the best possible results.
- Aggressive advocacy to protect your constitutional rights.
- Dedicated trial attorneys who are ready to fight for you in court.
Facing a Fourth Degree Burglary Charge? Contact FrizWoods Today.
If you’re charged with fourth degree burglary, contact the experienced criminal defense team at FrizWoods Criminal Defense for a free, confidential consultation. Let our dedicated attorneys help protect your rights, your freedom, and your future.
