Burglary and theft are two distinct criminal offenses that are often confused. While both involve taking something that does not belong to you, the legal definitions, elements, and penalties are significantly different under Maryland law. Theft focuses on the unlawful taking of someone else’s property, while burglary involves entering a building with the intent to commit a crime inside. Understanding the difference between burglary vs theft is important because the charges you face determine the penalties, defense strategies, and long-term consequences of a conviction.
What Is Theft in Maryland?
Theft in Maryland is defined under Criminal Law Article Section 7-104 as the unauthorized taking of another person’s property with the intent to permanently deprive the owner of that property. Maryland uses a unified theft statute, meaning that various forms of stealing — including larceny, shoplifting, embezzlement, obtaining property by fraud, and receiving stolen property — all fall under the single crime of “theft.”
The severity of theft charges in Maryland depends primarily on the value of the property taken. Theft of property valued at less than $100 is a misdemeanor punishable by up to 90 days in jail and a $500 fine. Theft of property valued between $100 and $1,500 is a misdemeanor with up to 6 months in jail and a $500 fine. Theft of property valued between $1,500 and $25,000 is a felony with up to 5 years in prison and a $10,000 fine. Theft of property valued between $25,000 and $100,000 carries up to 10 years and a $15,000 fine. Theft of property valued over $100,000 carries up to 20 years and a $25,000 fine.
What Is Burglary in Maryland?
Burglary in Maryland is defined under Criminal Law Article Sections 6-201 through 6-205. Maryland divides burglary into multiple degrees based on the circumstances of the offense. The common element in all burglary charges is breaking into and entering a structure with the intent to commit a crime inside. Importantly, you do not need to actually steal anything to be charged with burglary — the intent to commit a crime upon entry is sufficient.
First-degree burglary: Breaking and entering the dwelling of another with the intent to commit theft or a crime of violence. This is a felony carrying up to 20 years in prison. First-degree burglary is the most serious burglary charge because it involves someone’s home.
Second-degree burglary: Breaking and entering the storehouse of another (a commercial building, shed, garage, or other non-dwelling structure) with the intent to commit theft, arson, or a crime of violence. This is a felony carrying up to 15 years in prison.
Third-degree burglary: Breaking and entering the dwelling of another with the intent to commit any crime (not limited to theft or violence). This carries up to 10 years.
Fourth-degree burglary: This is the least serious burglary offense and covers situations such as breaking and entering any structure, being found in someone else’s dwelling without permission, or possessing burglary tools with the intent to use them. It carries up to 3 years in prison.
Key Differences Between Burglary and Theft
Understanding the distinctions between burglary and theft is essential for anyone facing either charge:
Breaking and entering vs. taking property: Burglary requires breaking into and entering a structure. Theft does not require entering any building — it only requires taking someone else’s property. You can commit theft in a parking lot, on a street, or through a computer without ever entering a building.
Intent vs. completion: Burglary is an intent-based crime. You can be convicted of burglary even if you did not actually steal anything or commit any other crime inside the building — the prosecution only needs to prove that you entered with the intent to do so. Theft, on the other hand, requires the actual taking of property.
Penalties: Burglary generally carries more severe penalties than theft because of the invasion of a protected space (a home or building). First-degree burglary carries up to 20 years, while even high-value felony theft maxes out at 20 years only for property over $100,000.
Both charges can apply simultaneously: If someone breaks into a home and steals property, they can be charged with both burglary and theft. The two charges arise from different elements of the criminal conduct and are not considered double jeopardy.
Defenses Against Burglary and Theft Charges
An experienced criminal defense attorney can evaluate the specific facts of your case to determine the best defense strategy.
Lack of intent: For burglary, the prosecution must prove you entered the structure with the intent to commit a crime inside. If you entered without criminal intent — for example, if you believed you had permission to be there — this element is not satisfied.
No breaking and entering: Burglary requires a “breaking” — some act of force or manipulation to gain entry. Walking through an open door that was already unlocked may not satisfy the breaking element in some circumstances.
Mistaken identity: In both burglary and theft cases, especially those relying on surveillance footage or eyewitness identification, the defense may challenge whether the defendant is actually the person who committed the crime.
Ownership or right to property: For theft charges, if you had a good-faith belief that the property belonged to you or that you had a right to possess it, this can serve as a defense.
Constitutional violations: Evidence obtained through illegal searches, coerced confessions, or violations of your constitutional rights can be suppressed, potentially resulting in dismissal of the charges.
Frequently Asked Questions
What is the difference between burglary and theft?
Burglary involves breaking into and entering a structure with the intent to commit a crime inside, while theft involves the unlawful taking of someone else’s property. You can be charged with burglary even if nothing was stolen, and you can be charged with theft without entering any building.
Can you be charged with both burglary and theft?
Yes. If you break into a building and steal property, the prosecution can charge both burglary (for the entry with criminal intent) and theft (for taking the property). These are separate offenses with separate penalties.
Is shoplifting considered burglary?
Typically no. Shoplifting is a form of theft, not burglary. Entering a store that is open to the public is not “breaking and entering” because you have implied permission to enter. However, if you enter a closed or restricted area of a store, different analysis may apply.
What is the penalty for burglary in Maryland?
Penalties range from up to 3 years for fourth-degree burglary to up to 20 years for first-degree burglary (breaking into someone’s home with intent to commit theft or a violent crime). Second-degree burglary carries up to 15 years and third-degree carries up to 10 years.
Contact SoMD Criminal Defense
If you are facing burglary, theft, or any property crime charges in Southern Maryland, contact SoMD Criminal Defense today for a free consultation. We represent clients in Charles County, St. Mary’s County, and Calvert County and have extensive experience defending against property crime charges.
