BURGLARY

Burglary was originally a common law crime that was defined as the breaking and entering of a dwelling, at night, with the intent to commit a felony therein. While common law burglary still exists in Maryland, the legislature has since codified the crime and divided it by degrees of severity. Burglary still at its core requires a “breaking and entering,” but gone is the nighttime requirement or the requirement that it be a dwelling.

There are four degrees of burglary–First Degree, Second Degree, Third Degree, and Fourth Degree, in decreasing severity. Only Fourth Degree is a misdemeanor–the others are felonies.

If you have been charged with major robbery or burglary, it’s important that you speak with an attorney who knows these cases and knows how to handle them. There are a number of different defenses that can be used, depending on the circumstances. Feel free to contact my office for a complimentary consultation at 301-875-3472 today to speak about your theft case.

For a consultation regarding your criminal charges, do not delay!

FIRST DEGREE BURGLARY

Maryland is one of the few jurisdictions in the country where an appeal from District Court is heard de novo, or from the beginning, in Circuit Court. If the defendant is not happy with the result of a trial or plea in District Court and wants to appeal it, the case will be set in Circuit Court and will start again from scratch. A defendant can lose a trial in District Court, appeal to Circuit Court, and then have another brand-new trial in Circuit Court. In Maryland, a defendant effectively has two bites at the apple to get a favorable result. An experienced trial attorney can represent you on an appeal and potentially obtain a better outcome than what happened in District Court.

SECOND DEGREE BURGLARY

Appeals from Circuit Court are handled differently than those from District Court. Cases from Circuit Court are appealed to the Court for Special Appeals. These cases are reviewed by the Court of Special Appeals based on what already happened in Circuit Court. There is no additional trial held. Rather, the attorney handling the defendant’s appeal reviews the transcript, record, and all exhibits and juror notes from the trial. The attorney determines what potential issues exist–for example, where the trial judge made a mistake on an objection–and files an appellate brief on the issues of merit. Typically, there is an oral argument where the attorney gets the chance to present the case to the judges in the Court of Special Appeals. If successful, the Court of Special Appeals may determine that there was harmful error at the trial, and the defendant may be granted a new trial, or other relief, in Circuit Court.

THIRD DEGREE BURGLARY

In addition to or in lieu of an appeal, a defendant can request that the trial judge revisit his sentence at a later date. This can be an effective and reasonable means of getting relief instead of a full-blown appeal. On a motion for reconsideration the judge can only reduce the defendant’s sentence, so there is no risk to requesting relief through this avenue.

FOURTH DEGREE BURGLARY

For sentences in Circuit Court, a defendant can request and have a three-judge panel of Circuit Court judges review the sentence. The three-judge panel is not bound by the trial judge’s sentence and can issue any sentence. There is risk involved pursing this relief because the three-judge panel can issue a longer or harsher sentence than the defendant received from the trial judge.

“NO MAN IS ABOVE THE LAW AND NO MAN BELOW IT.”

– Theodore Roosevelt

Our Professional Services Include:

Criminal Defense – We represent persons charged with any kinds of misdemeanor and felony charges.
DUI/DWI Defense – Representation in court for DUI/DWI cases and in MVA or DMV license suspension hearings.
Traffic Defense – Representation for traffic citations such as driving suspended, driving without a license, speeding, or any other infraction.
Criminal Appeals – Post-conviction representation at Circuit Court or Appellate Court.
Personal Injury – We represent persons injured by others in motor vehicle or other accidents.
Where We Practice – Representation in the District Court and Circuit Court in Prince George’s County, Montgomery County, Anne Arundel County, Howard County, and the Superior Court for the District of Columbia.

Issues That May Arise in Criminal Court:

We will discuss these issues in depth during our meetings.

CONTACT ME FOR A CONSULTATION REGARDING YOUR CASE

Whatever your case is, big or small, I can help you. I’m an experienced Maryland and DC criminal defense attorney who has helped out many individuals in similar or worse predicaments. Call me today for a free consultation at (301) 875-3472. Don’t hesitate because there may be some proactive or remedial steps we can take in your case before going to court, or there may be witnesses we need to locate, or evidence in your favor that needs to be preserved before it is lost. Not to mention the sooner we begin working on your case, the sooner you can have some piece of mind that you have an attorney working for your best interests and protecting your rights.