Criminal Trespass vs. Burglary in Maryland: What's the Difference?

Frank Benvenuto, P.A.
Sep 2, 2025
2 min read

Why the Distinction Matters

The line between criminal trespass and fourth-degree burglary can be surprisingly thin, yet the legal consequences are very different. In Maryland, what may appear to be a minor property offense could actually result in years of imprisonment if charged incorrectly—or unfairly.

Criminal Trespass in Maryland

Maryland recognizes two types of criminal trespass, both defined under Maryland Criminal Law Articles 6-402 and 6-403:

Trespass on Posted Property
Entering or crossing onto property with conspicuous “No Trespassing” signs posted.
Trespass on Private Property
Entering, remaining, or crossing onto property after being told not to do so by the owner or the owner’s agent.

Penalty:

A first-offense misdemeanor conviction for criminal trespass carries up to 90 days in jail and/or a fine of up to $500.

Fourth-Degree Burglary in Maryland

Fourth-degree burglary is defined under Maryland Criminal Law Article 6-205. It occurs when a person breaks and enters the dwelling or storehouse of another—or does so with the intent to commit theft.

Penalty:

This charge is more serious than trespass. A conviction carries the possibility of up to 3 years in prison.

Key Differences Between Trespass and Burglary

While both involve entering property without permission, the intent and severity set them apart:

Trespass: Unlawful entry without permission (often a misunderstanding or minor violation).
Burglary: Involves a break-in, often tied to the intent to commit another crime like theft.

The consequences of being convicted of burglary are far more severe, making it crucial to understand how prosecutors may frame the charge.

Why Legal Representation Matters

If you are charged with either trespass or burglary in Maryland, the outcome can shape your future. What may seem like a small mistake could escalate into a life-changing conviction. Having an experienced defense attorney can help:

Challenge the state’s evidence
Protect your constitutional rights
Work to reduce or dismiss charges

With over 32 years of criminal defense experience in Ocean City and Worcester County, Frank Benvenuto, P.A. provides aggressive, knowledgeable representation when you need it most.