4th Degree Burglary in Maryland: Penalties, Immigration, Defenses

Fourth degree burglary in Maryland is a misdemeanor under Section 6-205 of the Criminal Law Code that carries up to three years in prison. The statute reaches four different kinds of conduct, and only some of them require any intent to steal. A conviction generally stays on your record for life and can follow you into jobs, housing, licensing, and immigration status.¹

The Four Ways You Can Be Charged

Section 6-205 is really four offenses stacked under one heading. Which subsection the state charges matters, because the elements the prosecutor has to prove, and the defenses that work against them, are different in each.

Breaking and entering a dwelling. The unauthorized entry itself is the offense. The state does not have to prove you intended to steal anything or commit any other crime inside.
Breaking and entering a storehouse. Same rule, applied to commercial buildings, warehouses, and similar structures. No intent to steal is required.
Being on someone’s property with intent to steal. If you are in or on another person’s dwelling, storehouse, yard, garden, or surrounding area intending to commit theft, that alone qualifies. You do not need to break in or even enter a building. Loitering in a yard with intent to steal can be enough.
Possessing burglar’s tools. Having tools designed or commonly used for burglary, combined with intent to use them in a burglary, is a standalone offense. No attempted entry is required.¹

People often assume burglary always requires theft. Under the first two subsections, it does not. The unauthorized entry alone completes the crime. Intent to steal only becomes an element when the charge is being present on the property without any breaking in.

What You’re Facing If Convicted

The offense is a misdemeanor with a maximum of three years in prison.¹ Judges have discretion inside that ceiling, and the sentence usually turns on your record, the facts of the entry, and whether anyone was home or hurt.

A first offense with no aggravating circumstances often draws probation or a suspended sentence rather than active time. Prior convictions, signs of planning, or an entry into an occupied home push a sentence toward the statutory maximum. The “misdemeanor” label does not mean judges treat the charge lightly, especially when the building was somebody’s residence.

Why the Record Follows You

Fourth degree burglary is not on Maryland’s list of charges eligible for expungement under Criminal Procedure Article Section 10-110.² A conviction generally stays on your public criminal record indefinitely.

That has consequences long after any sentence ends. Employers and landlords run background checks, and the word “burglary” draws attention even when the underlying facts were minor. Licensing boards in healthcare, education, law, finance, and real estate review criminal history, so a conviction can reach into careers you have not started yet. The distance between the legal severity of a misdemeanor and the real-world weight of this one is the thing to understand before you make any decisions about how to resolve the case.

Immigration Consequences for Non-Citizens

If you are not a U.S. citizen, the immigration side of this charge may matter more than the criminal side. USCIS evaluates whether an offense is a crime involving moral turpitude, which triggers a conditional bar to the good moral character finding required for naturalization. Depending on the elements involved, burglary offenses can fall into that category.³

Even where a conviction does not hit a specific statutory bar, USCIS keeps discretion to weigh criminal conduct against the good moral character requirement, and a conviction inside the statutory period before an application can delay or sink it. If you hold a visa or green card, address the immigration consequences with counsel before entering any plea.³

Federal Jobs and Student Aid

A misdemeanor burglary conviction does not automatically disqualify you from federal employment. People with records can apply for most federal positions, and initial applications generally do not ask about criminal history. After a conditional offer, you complete a Declaration for Federal Employment and a background investigation, and the agency weighs the seriousness of the offense, how long ago it occurred, and your rehabilitation.⁴

Federal student aid generally remains available after a misdemeanor like this. The aid restrictions tied to criminal records focus on drug convictions and certain other specific offenses rather than property crimes. Individual colleges and scholarship programs can still apply their own rules.

Defenses That Fit the Charge

Because each subsection has different elements, the right defense depends on which one the state picked.

Attacking Intent

When the charge is being on someone’s property with intent to steal, intent is the whole case. A legitimate reason for being there, like a delivery, a social visit, or a wrong address, directly undermines it. Surveillance footage, text messages, and witness testimony can back up your account.

When the charge is possession of burglar’s tools, the state has to prove you intended to use them for burglary. Many of those items also have ordinary uses. A crowbar, a slim jim, or lock picks can be tools of the trade for someone in construction, automotive work, or locksmithing. Showing a legitimate reason for having them defeats the charge.

Permission or Reasonable Belief

For the breaking and entering subsections, permission eliminates the unauthorized-entry element. Messages, emails, or testimony from the property owner showing that you had permission, or had reason to believe you did, can be decisive. Disputes among roommates, family members, or business partners sometimes produce charges that collapse once the full context is on the table.

Challenging the Evidence

Mistaken identity is a real defense when the state leans on eyewitness testimony, especially from a nighttime incident or poor visibility. Inconsistencies in the description or the identification process can create reasonable doubt. Evidence pulled from an unlawful stop or search, such as burglar’s tools found in your car during a stop that lacked reasonable suspicion, may be suppressed and kept out of your trial.

How This Differs From Higher-Degree Burglary

Maryland’s burglary statutes run in degrees. First degree is breaking and entering a dwelling with intent to commit theft while armed with a deadly weapon or while someone is inside, and it carries up to 20 years. Second degree is breaking and entering a storehouse with intent to steal, up to 15 years. Third degree is breaking and entering a dwelling with intent to commit a crime, up to 10 years.

Fourth degree is the floor of that ladder. The lower degree reflects the absence of weapons, occupied buildings, or proven criminal intent in the break-and-enter subsections. If any of those aggravating facts are present in your case, prosecutors can charge up instead, and often do.¹

1
Maryland General Assembly. Maryland Code Criminal Law Section 6-205 – Burglary in the Fourth Degree
2
Maryland Judiciary. List of Expungeable Charges Under Criminal Procedure Article 10-110
3
U.S. Citizenship and Immigration Services. Policy Manual: Conditional Bars for Acts in Statutory Period
4
USAJOBS Help Center. Can I Work for the Government if I Have a Criminal Record?