Maryland Burglary by Breaking and Entering

• Category: Criminal - Jury Instructions
• State: Multi-State
• Control #: US-00877
• Format: Word; Rich Text

Description

Sample Jury Instruction - This sample jury instruction pertains to a Defendant's indictment for the crime of burglary (including all elements of the crime). Maryland Burglary by Breaking and Entering is a criminal offense in the state of Maryland. It involves unlawfully entering someone's dwelling, building, or structure with the intent to commit a crime inside. This act is considered a serious offense and is punished accordingly under Maryland law. The term "breaking and entering" refers to forcibly gaining entry to a property by breaking a lock, window, door, or any other physical barrier. It is essential to note that even if no force is used, simply entering a property without permission, either through an unlocked door or by trespassing, can still be considered breaking and entering. Maryland recognizes different types of Burglary by Breaking and Entering, which are categorized based on specific circumstances or elements of the crime: 1. First Degree Burglary: This is the most severe type of burglary and involves breaking and entering into someone's home while the occupants are present. It is a felony offense and carries significant penalties. 2. Second Degree Burglary: This type of burglary involves breaking and entering into a building or structure other than a dwelling, such as an office, store, or warehouse. It also includes breaking into a dwelling while the occupants are not present. Second-degree burglary is a felony offense but generally carries lesser penalties compared to first-degree burglary. 3. Third Degree Burglary: This offense pertains to breaking and entering into someone's vehicle, such as a car, truck, or motorcycle. It also includes entering a structure like a shed or garage. Third-degree burglary is considered a misdemeanor offense, but penalties can still be severe depending on the circumstances. The penalties for Maryland Burglary by Breaking and Entering vary based on the degree of the offense, the presence of aggravating factors, and the defendant's criminal record. First-degree burglary can result in a maximum sentence of up to 20 years or more, while second-degree burglary carries a potential maximum sentence of up to 15 years. Third-degree burglary can result in a maximum sentence of up to 10 years in prison. In Maryland, proving the intent to commit a crime upon entering a property is a crucial element in prosecuting Burglary by Breaking and Entering cases. It is important to consult with a knowledgeable criminal defense attorney to understand the specific laws and potential defenses that may apply in a particular situation. Keywords: Maryland, burglary, breaking and entering, criminal offense, dwelling, building, structure, offense, felony, misdemeanor, first degree, second degree, third degree, penalties, occupants, elements, breaking, lock, window, door, trespassing, premises, vehicle, shed, garage, intent, prosecution, criminal defense attorney.

Maryland Burglary by Breaking and Entering is a criminal offense in the state of Maryland. It involves unlawfully entering someone's dwelling, building, or structure with the intent to commit a crime inside. This act is considered a serious offense and is punished accordingly under Maryland law. The term "breaking and entering" refers to forcibly gaining entry to a property by breaking a lock, window, door, or any other physical barrier. It is essential to note that even if no force is used, simply entering a property without permission, either through an unlocked door or by trespassing, can still be considered breaking and entering. Maryland recognizes different types of Burglary by Breaking and Entering, which are categorized based on specific circumstances or elements of the crime: 1. First Degree Burglary: This is the most severe type of burglary and involves breaking and entering into someone's home while the occupants are present. It is a felony offense and carries significant penalties. 2. Second Degree Burglary: This type of burglary involves breaking and entering into a building or structure other than a dwelling, such as an office, store, or warehouse. It also includes breaking into a dwelling while the occupants are not present. Second-degree burglary is a felony offense but generally carries lesser penalties compared to first-degree burglary. 3. Third Degree Burglary: This offense pertains to breaking and entering into someone's vehicle, such as a car, truck, or motorcycle. It also includes entering a structure like a shed or garage. Third-degree burglary is considered a misdemeanor offense, but penalties can still be severe depending on the circumstances. The penalties for Maryland Burglary by Breaking and Entering vary based on the degree of the offense, the presence of aggravating factors, and the defendant's criminal record. First-degree burglary can result in a maximum sentence of up to 20 years or more, while second-degree burglary carries a potential maximum sentence of up to 15 years. Third-degree burglary can result in a maximum sentence of up to 10 years in prison. In Maryland, proving the intent to commit a crime upon entering a property is a crucial element in prosecuting Burglary by Breaking and Entering cases. It is important to consult with a knowledgeable criminal defense attorney to understand the specific laws and potential defenses that may apply in a particular situation. Keywords: Maryland, burglary, breaking and entering, criminal offense, dwelling, building, structure, offense, felony, misdemeanor, first degree, second degree, third degree, penalties, occupants, elements, breaking, lock, window, door, trespassing, premises, vehicle, shed, garage, intent, prosecution, criminal defense attorney.