Burglary vs. Robbery vs. Trespassing in Maryland

 Posted on July 15, 2025 in Criminal Defense

According to CBS News in Baltimore, there has been a significant uptick in burglaries and robberies across the state in 2024 and the first half of 2025. As of 2025, there have been 545 reported victims of break-ins, burglaries, and robberies. During the summer of 2024, there were 409 break-ins and robberies. Many of these crimes were committed while people were away on vacation.

Police warn that if you are heading out of town on vacation, do not post that information on social media, leave lights on in your home, and suspend your newspaper and mail services so it will not be apparent that you are away. Installing surveillance cameras and letting your neighbors know you will be away are also recommended.

If you have been charged with burglary, robbery, or trespassing in the state of Maryland, it is important that you understand the legal distinctions between these three criminal offenses. All three offenses involve entering property without permission, but the ultimate charges and penalties differ significantly.   

If you are facing charges of burglary, robbery, or trespassing, you must take these charges very seriously. Although trespassing is typically charged as a misdemeanor offense, it remains a serious criminal offense, and a conviction for trespassing can be viewed by prospective employers and landlords. An experienced Annapolis, MD criminal defense attorney can review your case, explore your options, and fight to protect your record and your future.   

What Are the Differences Between Burglary, Trespassing, and Robbery?

Burglary in Maryland (Maryland Criminal Law Section 6-202 through 6-205) involves unlawfully entering a building or structure with the intent to commit a crime – usually theft or assault. First-degree burglary is a felony offense, including intent to commit theft or violence in a dwelling. Second-degree burglary is a felony typically involving stores or commercial buildings.

Third-degree burglary is a felony that involves breaking and entering the dwelling of another with the intent to commit any crime. Fourth-degree burglary is a misdemeanor offense involving breaking and entering a dwelling on someone else’s property with the intent to commit theft. Fourth-degree burglary is the least serious form of burglary in Maryland, yet it is still punishable by up to three years in prison.    

Trespassing involves entering or remaining on another’s property without authorization. There is no intent to commit a separate crime in the context of trespassing, and it is governed by Maryland Criminal Law Sections 6-402 and 6-403. Trespassing charges often apply to posted properties, fenced areas, or areas where prior warnings have been issued. Trespassing in the state is a misdemeanor offense with a first offense resulting in up to 90 days in jail. Subsequent violations within a two-year period can result in enhanced penalties, including up to six months in jail.

Robbery differs from burglary because of the interaction with a victim and the use of force. Robbery involves taking property directly from a person through the use of force or the threat of force. Burglaries have no direct interaction with victims. While robbery is considered a violent crime that involves theft, burglary is a property crime that involves unlawful entry with the intent to commit a crime.

Robbery is always a felony charge and can result in up to 15 years in prison. Armed robbery can result in up to 20 years in prison, with a mandatory five years with no parole. Both robbery and burglary require intent, whereas trespassing may or may not include intent. In some cases, a burglary charge may be reduced to a much less serious trespassing charge. A robbery charge could be reduced to a burglary charge if there was no intent to threaten or harm a person or no knowledge that a person was present.  

Contact a Queen Anne’s County, MD Defense Lawyer

If you are facing burglary, robbery, or even trespassing charges, it is important to speak to an experienced Centreville, MD theft attorney from Henley & Henley, Attorneys at Law as quickly as possible. Our two attorneys have over 50 years of combined legal experience, and we can often represent you for a flat fee. Call 410-280-0530 to schedule an initial meeting with an attorney.