Criminal Defense Lawyer Blog
Prince George’s County Police officers recently arrested two jewelry store burglars as they attempted to flee the crime scene empty handed. The incident occurred at around 2 a.m. on the PG County side of Laurel. The entire attempted heist was caught on surveillance video, which showed the defendants gaining entry to the store using a portable circular saw. Cameras also recorded the defendants searching the interior of the store for valuables only to leave empty handed after realizing the glass cases throughout the store were empty. According to the store owner, who was interviewed by local news outlets, all jewelry was stashed in the store’s safe during the overnight hours. After wandering around the store for a minute or two the masked burglars aborted their poorly planned mission and attempted to flee the scene. Unfortunately for the suspects, a Prince George’s County Anti-Burglary Unit just happened to be in the area right as the break-in occurred. The unit was alerted by the store’s alarm system and marked cars arrived as the suspects were about the leave the parking lot. Multiple cop cars boxed the suspects in, and both were arrested without further incident.
The defendants were charged with multiple crimes with the most serious being second-degree burglary under Maryland Criminal Law section 6-203. Second-degree burglary is defined as breaking and entering a storehouse with the intent to commit a theft, crime of violence or arson. Storehouse is certainly not a common word these days and simply means any non-dwelling structure such as a business, warehouse or other commercial facility. The penalty for this offense is up to 15 years in prison, though it jumps to 20 years if the defendants broke in to steal a firearm. The defendants also face malicious destruction of property charges under criminal law section 6-301 for intentionally damaging the doors. The State will likely have no issues proving the circular saw caused more than $1,000 of damage, which makes the penalty up to 3 years in prison. Malicious destruction under $1,000 is a much less serious offense with a 60-day maximum penalty.
Defendants in these cases also typically are charged with fourth-degree burglary under criminal law 6-205, which is the catch-all burglary offense in Maryland. It is basically the charge for breaking and entering any structure, and the State is not required to prove intent to commit another offense while inside. It is the only burglary charge that is classified as a misdemeanor. Defendants charged with felony burglary often attempt to negotiate a reduction to burglary in the fourth degree to keep the felony off the table. Those who are only charged with fourth degree burglary often negotiate for a trespass.
There are two other types of burglary crimes in Maryland; first-degree under 6-202 is the most serious and carries a maximum penalty of 20 years in prison. It only applies to breaking and entering a home with the intent to commit a crime. Home invasion is essentially an enhanced first-degree burglary that is charged when a person breaks into a home to commit a crime of violence. Home invasion carries up to 25 years in prison. Third degree burglary under criminal law section 6-204 also involves breaking and entering dwellings but requires no proof of intent to commit an additional crime. Most defendants charged with first degree are also charged with third, and most charged with second are also charged with fourth.
The Blog will continue to follow this case and other B&E charges across the state. Benjamin Herbst is a Maryland burglary lawyer who has successfully handled first, second, third and fourth-degree burglary cases. He is also an experienced rogue and vagabond (car burglary) and malicious destruction of property lawyer who handles cases in Prince George’s County and all Maryland state and federal jurisdictions. Contact Benjamin anytime at 410-207-2598 for a free consultation about your case anytime.
Resources:
2 arrested after attempted jewelry store break-in in Laurel, Maryland, fox5dc.com.