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  1. #1
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    Jun 2011
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    Default Can You Be Convicted of Burglary if You Didn't Steal Anything

    My question involves criminal law for the state of: Maryland

    *2x 2nd Degree Burg, 2x 4th Degree Burg, 1x 4th Degree Burg Tools, 2x Destruction of property Under $500*

    Hi, on 4/27 i was charged with the charges stated in the title. Im 18 years old and this is my first offense. What happened was me and my friend (minor,16 y/o) went on park property(wasnt fenced off or anything) and my friend pulled the doors off a plastic shed and entered it and took out 2 baseball bats, handed me one, and we proceeded to a consession building and attempted to break into the back door. I tried to pry the door handle off with the bat and got it about half way then my friend got it off completely but then i realized there was a deadbolt on it so i realized we weren't going to get into it so i walked around front waiting for my friend, who decided to keep messing with it, so we could leave because we had already made lots of noise so i wanted to leave. My friend is ready to leave (didnt get into the door as i expected) the next thing i know a police car is coming down the road to the park towards us with nowhere to run so my friend goes around back to the door to try and hide and i just sit on the bench watching the car come towards me (appearantly there was a witness that was ON the park property...lol) the cop asked me what i was doing i said we were taking a shortcut through the park from the gas station to get cigarettes going back to my friends house we were staying at. The cop put me and my friend and custody and i spent 6 days in jennifer road detention center and my friend was let free that night. the only charges above that the cop stated had probable cause were the burglary tools and the 2 charges for malicious destruction of property. My trial is on 6/9 and im hoping i wont be seeing any jail/prison time seeing as how this is my first offense. anyone have any advice they could give me or what the outcome of the trial looks like? Can i be convicted of burglary without stealing anything? thanks

    oh and i was under the influence of xanax during this so thats why i made this dumbass mistake

  2. #2

    Default Re: The Outcome of My Trial Burglary Second Degree (First Offense)

    you are 18 years old and you are accountable for your actions.
    even being under the infunce of xanax is no excuse.
    you do the crime you do the time.

  3. #3
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    Default Re: Can You Be Convicted of Burglary if You Didn't Steal Anything

    Quote Quoting Maryland Code 6-203. Burglary in the second degree.
    (a) Prohibited - Breaking and entering with intent to commit theft, violence, or arson.- A person may not break and enter the storehouse of another with the intent to commit theft, a crime of violence, or arson in the second degree.

    (b) Same - Breaking and entering with intent to steal firearm.- A person may not break and enter the storehouse of another with the intent to steal, take, or carry away a firearm.

    (c) Penalty.- A person who violates this section is guilty of the felony of burglary in the second degree and on conviction is subject to:
    (1) for a violation of subsection (a) of this section, imprisonment not exceeding 15 years; and

    (2) for a violation of subsection (b) of this section, imprisonment not exceeding 20 years or a fine not exceeding $10,000 or both.
    An actual breaking occurs when there is "unloosing, removing or displacing any covering or fastening of the premises. It may consist of lifting a latch, drawing a bolt, raising an unfastened window, turning a key or knob, pushing open a door kept closed merely by its own weight." Dorsey v. State, 231 Md. 278, 280, 189 A.2d 623, 624 (1963) (internal citations omitted). Entry is sufficient to support the charge "if any part of the actor's person intruded, even momentarily, into the structure." Hebron v. State, 331 Md. 219, 236, 627 A.2d 1029, 1037 (1993).

    I'm not aware of the full facts, and have not tried to research whether breaking through an outer door but not penetrating an inner door would constitute a sufficient penetration into the structure to constitute entry; you can discuss that with your lawyer. However, whatever can be made of the issue of entry, it's a pretty clear attempted entry.

    Failing in a burglary attempt does not make it any less an burglary attempt. As you can see from the statute it's your intent that makes it a burglary, not whether you succeed in carrying out your intentions.

  4. #4
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    Default Re: The Outcome of My Trial Burglary Second Degree (First Offense)

    Quote Quoting klg57
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    you are 18 years old and you are accountable for your actions.
    even being under the infunce of xanax is no excuse.
    you do the crime you do the time.
    you dont think i know that. obviously a troll

    and mine is subsection a

  5. #5
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    Default Re: The Outcome of My Trial Burglary Second Degree (First Offense)

    i seriously doubt im going to do any jail/prison time seeing as how this is A. my first offense B. a nonviolent crime and C. they dont have a whole lot of evidence against me other than putting me at that location while my buddy was ****ing the park up. i was sitting on the bench when the cop came and thats in the police report. and ALSO... how can they CONVICT (not charge) me of robbery if nothing was ever stolen. it states in the police report NOTHING WAS STOLEN

  6. #6
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    Sep 2010
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    Default Re: The Outcome of My Trial Burglary Second Degree (First Offense)

    Burglary only requires you enter with the intent of theft, violence, or arson. You don't have to have succeeded in doing any of those things.
    Please avoid profanity and shouting.

    By your own admission you took to baseball bats from the first shed. That's all that's required to convict.

  7. #7
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    Default Re: Can You Be Convicted of Burglary if You Didn't Steal Anything

    Incorrect. I didn't take the baseball bats out of the shed, my friend i was with did.

    AND in the police report, it doesnt state the baseball bats were taken from the shed, it states we had them with us with the intent to use as burglar tools. as i said prior....... the police report states nothing was stolen.

  8. #8
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    Default Re: Can You Be Convicted of Burglary if You Didn't Steal Anything

    You're not going to be tried upon the police report. You're going to be tried upon the evidence and testimony given by witnesses.
    You and your felonious friend broke and removed items. It doesn't matter one little bit that he was holding the item. It doesn't matter one little bit what the police wrote in the report.
    What matters is you and your buddy opened the doors with the intent of stealing things (and if fact did) and you're just as guilty as he is.
    You can delude yourself that you were just along for the ride, but have fun in court.
    Keep your criminal mouth shut and get a lawyer. You're in deep and your attempts at explaining are just providing more evidence to your guilt..

  9. #9
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    Default Re: Can You Be Convicted of Burglary if You Didn't Steal Anything

    Quote Quoting flyingron
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    You're not going to be tried upon the police report. You're going to be tried upon the evidence and testimony given by witnesses.
    You and your felonious friend broke and removed items. It doesn't matter one little bit that he was holding the item. It doesn't matter one little bit what the police wrote in the report.
    What matters is you and your buddy opened the doors with the intent of stealing things (and if fact did) and you're just as guilty as he is.
    You can delude yourself that you were just along for the ride, but have fun in court.
    Keep your criminal mouth shut and get a lawyer. You're in deep and your attempts at explaining are just providing more evidence to your guilt..
    nice way to talk to a new member jackass. the witness is going to say he saw him doing everything because HE WAS.. and its not even going to go to trial because im going to plead guilty to lesser charges and get community service and maybe probation. and why don't you try reading a little harder. I never touched the plastic shed, my friend is the one who both broke the doors and entered it and came out with 2 baseball bats i stayed outside of it. and they don't know that the bats were even taken from the property in the first place according to the evidence we brought them with us. case closed. YOU-CANT-BE-CONVICTED-OF-BURGLARY-IF-NOTHING-WAS-EVER-STOLEN. jackass get that through your head

  10. #10

    Default Re: Can You Be Convicted of Burglary if You Didn't Steal Anything

    Quote Quoting Balexander
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    YOU-CANT-BE-CONVICTED-OF-BURGLARY-IF-NOTHING-WAS-EVER-STOLEN. jackass get that through your head
    That is absolutely incorrect. Read the statute. Notice how it says NOTHING about actually TAKING anything. Actual TAKING would get you a charge of larceny. Burglary is only the unlawful ENTRY with INTENT.

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