Burglary Defense Lawyer Maryland — What Are Your Legal Options?
Burglary in Maryland is a serious felony under Md. Code, Criminal Law § 6-202, punishable by up to 20 years in prison. A burglary defense lawyer Maryland from Law Offices Of SRIS, P.C. can challenge the state’s evidence on intent and unlawful entry. Our firm, founded in 1997, provides a strong defense for those facing breaking and entering charges.
Maryland Burglary Law and Penalties
Maryland law defines burglary in the first degree as breaking and entering the dwelling of another with the intent to commit theft or a crime of violence. This is governed by Md. Code, Criminal Law § 6-202. A separate but related charge, often called breaking and entering, is covered under § 6-206. The key distinction often lies in the type of property entered and the defendant’s intent at the time of entry. Prosecutors must prove you had the specific intent to commit a crime inside at the moment you entered.
Last verified: April 2026 | Maryland Courts | Maryland General Assembly
Official Legal Resources
For the full text of the law, see the official Maryland burglary statute (Md. Code, Crim. Law § 6-202). Court procedures and forms can be found at the Maryland Judiciary website.
Building a Defense Against Burglary Charges
In Maryland courts, a common challenge for the state is proving the specific intent required for a burglary conviction. A skilled breaking and entering defense lawyer Maryland will scrutinize the evidence. For instance, if you entered a building you believed you had permission to enter, or if the alleged intent to commit a crime inside was formed after entry, these can be powerful defenses. The procedural steps in a typical case often involve an initial appearance, a preliminary hearing in District Court if it’s a felony, and then potential transfer to Circuit Court for trial or plea negotiations.
- Initial Consultation & Case Analysis: Review all charging documents, police reports, and evidence with your attorney.
- Investigation & Motion Filing: Your lawyer will investigate the scene, interview witnesses, and file pre-trial motions to challenge evidence.
- Preliminary Hearing (Felony Cases): The state must show probable cause that a burglary was committed and you committed it.
- Plea Negotiations or Trial Preparation: Based on the evidence, your attorney will advise on the strength of a plea offer or prepare for trial.
- Trial or Disposition: Your case will proceed to a bench or jury trial in Circuit Court, or be resolved through a plea agreement.
- Sentencing or Appeal: If convicted, your attorney will advocate for a fair sentence. If there are legal errors, they may file an appeal.
Potential Penalties for Burglary in Maryland
In Maryland, first-degree burglary is a felony with a maximum penalty of 20 years imprisonment, while fourth-degree burglary is a misdemeanor with up to 3 years.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary 1st Degree | Felony | Up to 20 years | Up to $10,000 | Permanent felony record, difficulty finding housing/employment |
| Burglary 4th Degree | Misdemeanor | Up to 3 years | Up to $2,500 | Criminal record, possible probation |
| Breaking & Entering (Dwelling) | Felony | Up to 10 years | Up to $5,000 | Same as other felonies |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Charge Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm-wide experience spans over 120 combined years, and we have handled more than 4,739 documented case results. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation. For Maryland burglary cases, our team includes former Maryland Assistant State’s Attorney Kristen Fisher, whose insight into local prosecution tactics is invaluable. Mr. Sris, the firm’s managing attorney, provides strategic oversight on complex cases, leveraging his multi-state practice experience.
Kristen M. Fisher, Of Counsel (Former Prosecutor)
Kristen Fisher is a former Assistant State’s Attorney in Maryland who prosecuted diverse criminal cases in both District and Circuit Courts. Her firsthand prosecutorial experience provides significant insight into case construction and courtroom dynamics. She is admitted to practice in Maryland and Virginia and focuses her practice on criminal defense, including burglary charges. She joined Law Offices Of SRIS, P.C. in 2010.
Case Results and Client Advocacy
While specific locality results for burglary are not listed, our firm-wide record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. In related criminal matters, our attorneys have secured dismissals (nolle prosequi) and favorable plea agreements for clients facing serious felony charges. A burglary charge defense lawyer Maryland from our team will work to achieve the best possible result in your case.
Results may vary. Prior results do not guarantee a similar outcome.
Local Maryland Burglary Defense Lawyer
Our Rockville location serves clients across Montgomery County, Prince George’s County, Howard County, and surrounding areas. We are accessible via I-270, I-495, and Route 355. If you need a burglary defense lawyer near Rockville, Bethesda, or Silver Spring, contact us.
Law Offices Of SRIS, P.C. — Maryland
199 E Montgomery Ave Suite 100 Room 211, Rockville, MD 20850, United States
Toll-Free: (888) 437-7747 | Local: (888)-437-7747
By appointment only. 24/7 phone consultations.
Serving Communities: Rockville, Bethesda, Silver Spring, Gaithersburg, Germantown, Wheaton, Kensington, Potomac, Olney, Damascus, Clarksburg, Takoma Park, Chevy Chase.
Frequently Asked Questions
What is the difference between burglary and breaking and entering in Maryland?
It depends. Burglary typically requires breaking and entering a dwelling with intent to commit a crime inside. “Breaking and entering” under Md. Code § 6-206 can involve other buildings and may have different intent requirements. The specific facts of your entry determine the charge.
Can a burglary charge be reduced to a misdemeanor?
Yes, in some cases. Through negotiation, a felony burglary charge might be reduced to a misdemeanor like trespassing or fourth-degree burglary. This depends on the evidence, your history, and the skill of your burglary defense lawyer Maryland.
Do I need a lawyer for a burglary charge in Maryland?
Yes. Burglary is a serious felony with long-term consequences. An attorney can challenge the state’s proof of intent and unlawful entry, negotiate for reduced charges, or take your case to trial. The procedural rules are complex, and having a breaking and entering defense lawyer Maryland is critical.
What are the defenses to a burglary charge?
Common defenses include lack of intent to commit a crime inside, mistaken identity, lawful right to enter the property, or insufficient evidence that a “breaking” occurred. Your attorney will analyze the police report and evidence to identify the strongest defense strategy for your situation.
How long does a burglary case take in Maryland?
A burglary case can take several months to over a year. Misdemeanor cases in District Court move faster. Felony cases go through a preliminary hearing and then to Circuit Court, which has a longer timeline, especially if motions are filed or a trial is scheduled.
If you are facing burglary charges in Maryland, contact a burglary defense lawyer Maryland at Law Offices Of SRIS, P.C. today. We offer 24/7 phone consultations to discuss your case and legal options.
Internal Resources: Learn more about our Maryland criminal defense practice. We also assist clients in Montgomery County DUI cases and Prince George’s County criminal defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Office visits by appointment only. Phone consultations available 24/7.