Maryland Burglary by Breaking and Entering
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FAQ
Burglary ? Penal Code 459 Although using force or fraud to gain entry into someone else's property with such intent is considered burglary, forced entry is not required in order to be charged with or convicted of burglary.
The slightest force including pushing open a door is all that is necessary. Breaking also includes entering a building through fraud, threats, or collusion.
As long as there is the intent to commit a crime, it can constitute burglary. There is no breaking and entering requirement. The offender may trespass through an open door. This is different from robbery, which involves the use of force or fear to obtain another person's property.
The following is a list of the minimum required crime elements for Burglary: ? Person knowingly enters or remains unlawfully (and) ? Building (and) ? Intent to commit crime therein. Is 'breaking and entering' into the building necessary? NO Opening an unlocked door or climbing through an open window is sufficient.
Intent ? The suspect entering the structure or building must have the intent to commit a theft or felony at the exact moment of entering. There does not have to be a completed theft or felony, only the intent to commit one.
What Does Maryland Law Define As Breaking And Entering? Maryland considers ?breaking and entering? a type of burglary offense ? specifically, fourth-degree burglary. Per Maryland code, someone can get charged with breaking and entering if they ?break and enter? the dwelling or ?storehouse? of another individual.
Merely reaching an arm into an open window counts as entering because the building's outer boundary was breached. Also note that you can get convicted of burglary even if you do not break into the residence or structure. Simply walking in through an unlocked door or open window would qualify.
