4th degree burglary and malicious destruction of property +$500
Question Details: I was staying at a friend's house, had too much to drink, and mistakenly banged on the wrong window to get back in the house (breaking it in the process). I'm being charged with 4th degree burglary and malicious destruction of property of greater than $500. For the first charge, doesn't this imply that I was trying to break in to commit a crime? I wasn't, so I don't think this charge is in the spirit of the law. Do you agree? For the second, I'm pretty sure the window cost less than $500, so wouldn't that drop it to a misdemeanor? How do I verify that I damaged less than $500?
the answer to some of your questions would require a discussion with the prosecutor, preferably by your attorney. If you do not have a record , an experienced attorney should be able toi resolve this for you without a conviction/criminal record please call me for a free consultation at 410 727-4880
Although I do not practice law in the State of Maryland, here are my initial impressions. You are correct in that the general rule is that the elements of burglary usually require breaking into a home with the intention to commit a crime. Where you are wrong, however, is that a jury could easily conclude that your actions of breaking a stranger's window are sufficient to establish those elements. Moreover, there must be probable cause for the state to believe that you caused damage in excess of $500 if you were arrested for the second charge. You raise points that are more appropriately discussed with a criminal defense attorney that has been hired to represent you in the interest of developing a strategy to defend against these charges. Good luck.
