Is a Smash and Grab Treated the Same as Burglary in Maryland?

 Posted on September 14, 2025 in Criminal Defense

Just one short month after opening its doors, a seafood restaurant in Prince George’s County was targeted in a smash-and-grab that caused significant property damage. The incident occurred around 3:00 a.m. Surveillance videos show four people shattering the glass front door, ransacking the register, and fleeing the scene.

The suspects only managed to get away with about $400. The investigation is ongoing. The legal differences between a smash-and-grab and burglary in the state of Maryland are detailed below. If you are facing either charge, your best course of action is to consult with an Annapolis, MD criminal defense lawyer.  

Smash-and-Grab vs. Burglary: What’s the Legal Difference?

A "smash-and-grab" in Maryland is not a formal legal charge; rather, it is a descriptive term for a specific type of burglary or theft. Burglary is defined as the unlawful entry into a structure with the intent to commit a crime while inside. A smash-and-grab refers to a forceful method used to carry out the theft.

A smash-and-grab involves breaking a window or barrier quickly, then entering the premises and stealing valuables before fleeing the scene. Burglary and smash-and-grab burglaries both require unlawful entry into a building, vehicle, or vessel with criminal intent to steal something at the time of the entry.

The severity of the charges in the state depends on the value of the stolen goods. A theft of goods that are less than $1,500 in value was a misdemeanor in the state, but new legislation allows prosecutors to aggregate thefts (when more than one theft is committed) from a 90-day period to charge a felony regardless of the individual amount.

Burglary (Maryland Criminal Law Code Section 6-202(2024) can be charged in different degrees with different penalties, generally based on the type of structure, whether it was occupied, and whether the defendants possessed weapons or injured anyone during the burglary. New Maryland legislation specifically targets smash-and-grab incidents and other forms of organized retail crime. A bill passed in 2025 (SB11/HB179) specifically redefines how these criminal offenses are prosecuted.

An Overview of Potential Maryland Burglary Charges

First-degree burglary involves breaking and entering a dwelling with the intent to commit theft/violence. Second-degree burglary involves breaking and entering a storehouse with the intent to commit theft, arson, or violence. Third and fourth-degree burglary charges have broader provisions for entry with the intent to commit a crime. Smash-and-grabs often involve businesses or storehouses, so they are charged as second-degree burglaries. If forceful entry is proven, burglary charges are likely, even if the value of the items stolen is small.

What Are the Penalties for Burglary in Maryland?

A first-degree burglary conviction can result in up to 20 years in prison, while a second-degree burglary conviction can result in up to 15 years in prison. A third-degree burglary conviction can result in up to 10 years in prison, while a fourth-degree burglary conviction carries a maximum penalty of up to three years in jail. A smash-and-grab, considered organized retail theft, can result in a more severe sentence. Other aggravating factors that can increase prison or jail time include:

• Whether the offense occurs at nighttime or during the day
• Whether weapons were present or there were threats of violence
• Conspiracy: multiple people involved
• A defendant’s prior criminal history

Contact an Anne Arundel County, MD Burglary Lawyer

The distinction between minor theft and burglary is huge when it comes to sentencing. It is essential to have an experienced Annapolis, MD, criminal defense attorney from Henley & Henley, Attorneys at Law who can determine whether all elements of burglary have been met. Our attorneys have more than 50 years of combined legal experience and can often arrange a flat fee, making your defense more affordable. Early legal intervention can help reduce charges and penalties. Call 410-280-0530 to schedule your initial attorney meeting.