Why You Need an Experienced Lawyer for Breaking & Entering and Burglary Charges in Ocean City, MD

By Frank Benvenuto, P.A. – DUI & Criminal Defense Attorney

If you’ve been arrested for breaking and entering or burglary in Ocean City, Maryland, you’re facing serious criminal charges under Maryland law. These offenses are treated as felonies in most cases, and a conviction can result in significant jail time, fines, and a permanent criminal record.

Understanding Breaking & Entering and Burglary Charges

In Maryland, the terms breaking and entering and burglary are often used together, but the law draws clear distinctions based on intent and circumstances.

Breaking & Entering Charges

• This refers to entering a building or property without permission.

• “Breaking” doesn’t always mean physical damage — opening an unlocked door or window can qualify.

• If there’s no intent to commit a crime inside, it may be charged as a misdemeanor trespass or unlawful entry.

• If prosecutors believe you intended to commit a crime (like theft or assault), it may escalate to a burglary charge.

Burglary Charges

Under Maryland Criminal Law § 6-202 through 6-205, burglary is categorized into four degrees, depending on the severity and intent:

1. First-Degree Burglary

   
   

   • Breaking and entering a dwelling with intent to commit a crime of violence or theft.

   • Penalty: Up to 20 years in prison.

   
   

2. Second-Degree Burglary

   
   

   • Breaking and entering a storehouse, business, or other structure with intent to steal or commit a felony.

   • Penalty: Up to 15 years, or 20 years if intent was to steal a firearm.

   
   

3. Third-Degree Burglary

   
   

   • Entering a dwelling with intent to commit any crime (not just theft or violence).

   • Penalty: Up to 10 years in prison.

   
   

4. Fourth-Degree Burglary

   
   

   • The least severe but still a serious misdemeanor.

   • Covers acts like being in or around a property with intent to commit theft, or possessing burglary tools.

   • Penalty: Up to 3 years in jail and/or fines.

   
   

What to Expect If You’re Arrested

If you’re arrested in Ocean City for burglary or breaking and entering, here’s what typically happens:

1. Initial Arrest & Booking

   
   

   • Police will take you into custody, photograph, fingerprint, and formally charge you.

   • You may be held at the Ocean City Police Department or transferred to the Worcester County Detention Center.

   
   

2. Bail Hearing / Commissioner Review

   
   

   • Within 24 hours, you’ll appear before a District Court Commissioner to determine bail or release conditions.

   • An experienced attorney can argue for reasonable bond or pretrial release.

   
   

3. Preliminary Hearing or Grand Jury

   
   

   • For felony burglary charges, your case may go before a grand jury or preliminary hearing to decide if enough evidence exists to proceed.

   
   

4. Court Appearances

   
   

   • Burglary charges are generally heard in Worcester County Circuit Court because they are felony-level offenses.

   • Having an attorney early can help negotiate lesser charges or challenge insufficient evidence.

   
   

5. Possible Defenses

   Depending on the facts, your attorney may challenge:

   
   

   • Lack of intent to commit a crime inside.

   • Mistaken identity or unreliable witness statements.

   • Unlawful search or seizure (improper police procedure).

   • Permission or misunderstanding regarding entry.

   
   

6. Potential Outcomes

   
   

   • Dismissal or acquittal (if evidence is weak).

   • Plea to a lesser offense such as trespass or destruction of property.

   • Probation, community service, or suspended sentence (in minor cases).

   • Jail or prison time for more serious degrees.

   
   

Why Legal Representation Matters

Burglary and breaking & entering are crimes of intent, which means the prosecutor must prove not just that you entered a property, but that you intended to commit another crime inside.

An experienced criminal defense attorney can often dispute that element, negotiate reduced charges, or secure alternative sentencing options.

Even a Fourth-Degree Burglary conviction can impact employment, housing, and future opportunities — so don’t face it alone.

Contact Frank Benvenuto

If you or someone you know has been charged with burglary or breaking & entering in Ocean City or Worcester County, get legal advice immediately.

I’ve been representing clients in Maryland courts for over 32 years, focusing on criminal defense and DUI cases.

443-783-2451

ocmdlawyer.com

Ocean City, MD

Every case is different — call today for a confidential consultation.