Theft Crimes

Published on: January 11, 2022

Baltimore City Employee Charged in ATM Theft

Baltimore County Police recently arrested a 34-year-old man for attempting to steal an ATM from a bank in Owings Mills. According to reports, police responded to the bank around 3:30 in the morning for a burglary in progress. Officers found a truck backed up to the bank with chains wrapped around the ATM, and a suspect who immediately fled upon police arriving. The suspect was apprehended after a short chase through the woods, and subsequently charged with multiple crimes including felony second-degree burglary and felony theft. He also faces charges for malicious destruction of property and misdemeanor fourth-degree burglary. The defendant was denied bail by a District Court judge and remains incarcerated at the Baltimore County Detention Center in Towson. He does not currently have a trial date, as the case will likely be indicted in the circuit court prior to the January 28^th preliminary hearing. This arrest created additional headlines because it turns out that the defendant was actually a Baltimore City Department of Public Works employee. The truck used in the burglary is also owned by the city, and was recently reported stolen in Carroll County. The front license plate and city’s emblem on the vehicle were concealed with tape during the attempted burglary, but clearly the secret is out.

It appears that the defendant may also be facing a probation violation in the near future for a case out of Baltimore City, which could have contributed to him being held without bail. In 2014 he was found guilty of armed robbery and use of a firearm in a crime of violence, and sentenced to 20 years with 10 suspended. Following his release from the division of corrections he was placed on 5 years of probation. A defendant serving a 10-year sentence for a violent offense typically serves 5 to 7 years before being released. Since the offense occurred in September of 2012, he was probably released from prison in 2018, which means his probation is likely still active. As of today, there is no information on Maryland judiciary case search that states a violation of probation warrant was issued, though Baltimore City is notorious for not updating their cases promptly.

The Blog will follow this case as it travels through the county court system, and may post a follow-up article in the future. The defendant faces up to 15 years in prison for the second-degree burglary charge, while the felony theft charges carries up to 5 years in jail. He also faces up to 3 years each for fourth-degree burglary and malicious destruction of property over $1,000. There were some questions raised as to how a person currently on active probation for armed robbery was hired by the city, but our hope is that those with criminal convictions will always have job opportunities upon their release, as stable employment is a key factor in reducing recidivism. The Blog will also continue to follow theft and burglaries involving ATMs, as there has been a string of these cases lately in Maryland. This past week in Baltimore City four defendants backed a van into a building, loaded the ATM and fled the scene. The building in this case was severely damaged, and suspects are yet to be identified.

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Published on: November 23, 2021

Former Governor’s Chief of Staff Pleads Not Guilty

By Benjamin Herbst

A former high ranking official for the Maryland Governor has pleaded not-guilty to four federal charges of wire fraud and two charges of misappropriation. The 52-year-old former chief of staff to the Governor is accused of various missteps including using funds belonging to the State of Maryland to make a charitable contribution to a museum where he was a member of the board of directors. The funds came from the Maryland Environmental Service corporation, where the defendant served as executive director prior to taking a position with the governor’s office in Annapolis. Perhaps the most egregious allegation was that the defendant caused the board at his former employer to approve paying him a full year’s salary, over $200k, upon leaving to take the job with the governor. The defendant apparently told the board that the governor himself approved to so called severance package, though the governor has vigorously denied any such approval. In total, the former chief of staff is facing up to 100 years in prison and tens of thousands of dollars in fines. He will obviously not serve anywhere close to the maximum amount of jail if convicted, but the charges are certainly severe. The government informed the Federal Judge in the Baltimore courthouse that trial would take two weeks to complete, though there is no indication on whether advanced plea negotiations are taking place. Discovery is apparently voluminous, and the defense needs time to assess the case before advising the client.

The same defendant is also facing a 27-count criminal information in the Circuit Court for Anne Arundel County for various other state offense including misconduct in office and violations of Maryland’s wiretapping laws. There are allegations that the defendant secretly recorded conversations with the Governor and other high ranking state officials. The state case has not been set for trial yet, and has a status conference scheduled in the middle of December. There will likely be a ton of evidence for the defense to sift through in order to properly evaluate the case, so we do not expect a swift resolution. Both cases may end up in trial or the defense may be able to work out some sort of global plea agreement. Right now it is simply too early to tell which direction these cases are headed, but the Blog will post a follow-up article as news becomes available.

Maryland has strict laws regarding the recording or intercepting of private conversations and telephone calls, and each violation is a felony punishable by up to 5 years in prison and a $10,000 fine. Even if another person uses or publishes a recording that has been intercepted unlawfully it could be a crime as long the publisher should have known a the recording was illegal. Maryland is considered a two-party state when it comes to recording or intercepting conversations, which means both parties must be aware of the recording. There are exceptions including when the police are conducting active investigations for a host of different crimes including murder, kidnapping, sex offenses, robbery, bribery, fraud, felony theft, firearms crimes and drug distribution. In these cases the police may intercept wire, oral or electronic evidence in order to provide evidence of the crime. The Maryland wiretapping law is codified under Title 10 of the Courts and Judicial Proceedings section of the state laws, and not the criminal law section. Subtitle 4 of the evidence part of this section covers wiretapping and electronic surveillance, and section 10-402 is the actual wiretapping law.

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Published on: August 24, 2021

Howard County Man Sentenced to 7 Years for Stolen Car Operation

By Benjamin Herbst

Last week in Baltimore City a 49-year-old man from Columbia, Maryland was sentenced to 7 years in federal prison for operating an international stolen car scheme. Upon being released from prison the Howard County resident will be placed on three years of supervised release, as there is no parole in the federal correctional system. According to the facts presented by the government, and pursuant to his plea agreement, the defendant admitted to participating in the theft and exportation of at least 17 automobiles. The cars were either stolen from private owners or from rental agencies, and then shipped overseas after a sale was negotiated. The defendant attempted to avoid detection from customs officials by creating fraudulent paperwork, which misrepresented the contents of shipping containers. Most of the cars were shipped to Africa and likely left from the Port of Baltimore or transported to other ports by truck, though the government’s press release did not reveal the specifics.

Law enforcement caught on to the scheme pretty early in the process, and were conducting surveillance on the defendant as early as January of 2019. During this first encounter, Howard County Police and Homeland Security approached the defendant and questioned him about the stolen vehicles, but the defendant denied any involvement and was not taken into custody immediately. In fact, the defendant was not arrested until March of 2020, giving law enforcement ample time to build a strong case. Search warrants were executed on the defendant’s cell phones that revealed pictures of the stolen vehicles as well as communications to and from shipping companies, and law enforcement also recovered numerous emails from the defendant’s fictitious identity that he used to facilitate the illegal transactions. The defendant was ultimately arrested inside a rental vehicle that was rented through fraudulent means, and was overdue. After being questioned by law enforcement the defendant eventually admitted to knowing that the vehicles he shipped were stolen, and that he misrepresented the contents of containers to the shipping companies he contracted.

The defendant entered a guilty plea to two felony counts of conspiracy to commit interstate foreign transport of motor vehicles and knowingly transporting stolen vehicles. Transporting stolen vehicles under 18 U.S. Code § 2312 is a felony punishable by up to 10 years in prison. Unlike a charge for transportation of stolen goods, securities or moneys under 18 U.S. Code § 2314, the government does not need to establish a minimum value of the vehicle(s) in order to prove its case. A felony charge for interstate or international transportation of stolen goods requires a minimum value of $5k. Regardless of whether value is an essential element of the offense, value of the scheme has a dramatic effect on the federal sentencing guidelines score, and the eventual sentence. The estimated value of the cars in this particular scheme was over $850k, which means his sentencing guidelines increased by at least 14 levels based on the value of the scam alone. There were likely other aggravating factors that the judge took into account, as a 7-year term of incarceration is a considerable sentence for a theft scheme with a total value of less than $1 million. As we explain on the firm’s Maryland website, the value of any federal theft is a key factor in determining the likely outcome of a case, and an experienced federal criminal defense lawyer can explain the impact of the sentencing guidelines in more detail.

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Published on: July 28, 2021

Baltimore Man Guilty in Federal Robbery Case

By Benjamin Herbst

This past week in the Baltimore federal courthouse a 26-year-old defendant pleaded guilty for his involvement in three separate robberies in the Baltimore metro area. The first robbery took place in October of 2019 at a Baltimore City pharmacy. In this particular incident the government presented evidence that the defendant and his co-conspirator entered the pharmacy just as it opened in the morning, and while donning masks, gloves and glasses brandished a black revolver and demanded cash from the safe. The clerk gave the men over $1,600 and then was bound with zip ties while the pair fled in the victim’s vehicle.

One month later the two defendants committed a second robbery in Anne Arundel County. This robbery took place at a retail store, where the defendants entered right at closing time. Once again, the pair were clad in masks and gloves and carrying handguns. After taking over $3,000 from the store and striking a victim in the head, the defendants fled the scene in the victim’s vehicle. The final robbery was committed in December of 2019 in Baltimore County restaurant in Parkville. The defendants entered the restaurant at 7 a.m. just as the shift manager and another coworker were opening for the day, and once again the defendants brandished a firearm and demanded money from the restaurant safe. After stealing close to $4,000 from the safe and binding the victims with zip ties the defendants fled in one of the victim’s vehicles.

One day after the third and final robbery Baltimore County Police detectives located the stolen vehicle and surreptitiously outfitted it with a GPS tracker. Two days later police followed the vehicle as it moved and eventually attempted to effectuate a traffic stop. The defendant abandoned the vehicle and then fled on foot, but was then apprehended a short time later on Harford Road. After being arrested the defendant agreed to speak to police, and claimed he found the stolen vehicle that day and was merely taking it for a joy ride. Law enforcement officers obviously were not convinced and ended up charging him with robbery, assault in the first degree, motor vehicle taking and felony theft. The case was forwarded to the Circuit Court for Baltimore County with additional charges for use of a firearm in a crime of violence and CDS drug charges. In November of 2020 the case was nolle prossed after the feds decided to pick it up. While the U.S. Attorney’s press release does not mention the specifics, the feds were likely alerted after local law enforcement discovered the defendant’s involvement in the two other robberies. A search warrant was executed on the defendant’s phone, and law enforcement found pictures of large amounts of cash on the same day as the first robbery. Cell phone tracking data also showed the defendant was in the area of the first two robberies on the dates in question.

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Published on: May 26, 2021

Two Former Public Officials Guilty of Theft

By Benjamin Herbst

Within the same week in mid-May two former government employees in Maryland were found guilty of felony theft while on the job. The first guilty finding came by way of a two-day jury trial in Somerset County that resulted in a guilty verdict for both counts in the criminal information charging document. A jury agreed with the State’s Attorney’s theory that the former of Princess Anne employee was responsible for $100,748.93 in missing cash that was received at Town Hall but never deposited into the town’s operating account. Prosecutors introduced evidence showing the defendant had deposited over $43k into her personal account, but the jury must have believed the former employee stole the remaining $58k as well. The difference between prosecuting the defendant for the full $100k+ and just the $43k in her account is twofold. First, the potential punishment for theft over $100k is double the 10-year maximum provided under the Maryland law for theft $25k to $100k, and the offense has a higher score in the sentencing guidelines. Assuming the defendant has no prior criminal record, she faces a guideline sentencing range of probation to 2 years in prison, while the lesser theft offense would have carried a guideline range of probation to 6 months. Second, the State is now justified in seeking the full amount of restitution from the defendant, which the judge will almost certainly order and make a condition of her probation.

While the former town manager will only be sentenced on one of the counts due to the doctrine of merger and will not end up serving anywhere close to the 20-year maximum provided by law, she does face a realistic possibility of serving several months in jail or even at the division of corrections. The case has been postponed for sentencing and a pre-sentence investigation or PSI has been ordered. Two days after the Eastern Shore jury found the Somerset County defendant guilty a former Air Force employee pleaded guilty to theft of government property. The 60-year-old Prince Georg’s County was working as a civilian travel coordinator for the Air Force, and was responsible for planning and scheduling congressional travel and approving expenses for trip escorts. The defendant held a government issued credit card for employment purposes, which he misused secure cash advances that were then deposited into a work-related bank account that he controlled. According to the plea the defendant then wrote checks to himself and deposited the same into his personal bank account for living expenses, family vacations, a Harley motorcycle and a baby grand piano. All told the former Air Force employee stole over $750k and cost the government over $1 million after factoring in banking and services fees for the cash advances. A search warrant was executed at his Brandywine home, and over $15k in cash was seized. The defendant faces up to 10 years in prison and will be ordered to pay the full amount of restitution when he appears for sentencing at the Greenbelt federal courthouse in September.

The Blog will continue to follow these two cases and may post a follow up article after the two defendants are sentenced. We will continue to monitor cases involving public corruption, fraud and theft in Maryland and in Florida and are available anytime to answer legal questions. Benjamin Herbst is a criminal defense lawyer who specializes in theft, misconduct in office, counterfeiting and fraud. He has successfully represented hundreds of clients charged with a range of offenses from shoplifting and employee theft to embezzlement and felony theft scheme. Contact Benjamin anytime at 410-207-2598 or at 954-543-0305 in Florida anytime for a free consultation.

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Published on: March 3, 2021

PG County Man Guilty of Manufacturing Counterfeit Currency

By Benjamin Herbst

This week at the Greenbelt Federal Courthouse a 32-year-old man from Prince George’s County pleaded guilty to manufacturing and passing counterfeit currency. Sentencing is currently set for early June, and the defendant faces up to 5 years in prison for conspiracy to pass counterfeit currency and up to 20 years in prison for manufacturing counterfeit currency. As part of the plea agreement the PG County man from Capital Heights admitted to conspiring with two other individuals to print and use fake $100 and $20 bills. The printing took place at the defendant’s home, and then he would either sell the fake money at a discount or buy merchandise with it at local retailers. At some point law enforcement officers caught wind of the conspiracy and applied for a search warrant, which was executed in March of 2018. Agents recovered cell phones, three counterfeit $100 bills, linen copy paper, a printer, a .38 caliber revolver and shell casing, and a scale and baggies. The U.S. Secret Service took over the investigation and determined that the ink contained in the seized printer’s ink cartridge was indistinguishable from numerous counterfeit bills that were later recovered.

The defendant and his co-conspirators were not arrested by federal agents after the search warrant was executed, and unbeknownst to them the investigation continued. Federal law enforcement agencies are known for their patience in gathering as much evidence as possible before charges are formally filed, and this case is a perfect example. In the summer and fall of 2019 federal law enforcement continued to monitor the suspects and documented numerous transactions where counterfeit currency was used. In July of 2019 law enforcement conducted a traffic stop on the defendant’s vehicle and found 18 counterfeit $100 bills after a brief chase where the defendant attempted to run away. A few months later in October of 2019 the defendant’s vehicle was again stopped, and again he attempted to flee. During his brief flight the defendant discarded counterfeit currency in a trashcan, which was recovered by law enforcement. Police also recovered uncut sheets of counterfeit $20 bills. All told the defendant admitted to passing between $95,000 and $150,000 in counterfeit bills. The defendant agreed to pay at least $95,000 in restitution joint and severally with the other co-conspirators. It is reasonable to question whether the victims would have been defrauded out of this much money if the suspects had been prosecuted in 2018, rather than more than a year later.

It does not seem like the defendant has a lengthy criminal history, which should help his cause at sentencing. On the other hand, the government will certainly emphasize the fact that the defendant continued to engage in criminal activity despite the execution of multiple searches and seizures upon his home, car and person. The defendant also ran from police twice, and showed no signs of abandoning the criminal conspiracy on his own. The defendant was even charged with felony theft and possessing forged currency in Maryland state court in the District Court for Montgomery County in Rockville, but these charges were dismissed likely in anticipation of a federal indictment. The defendant had ample opportunity to see that law enforcement was on to him.

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Published on: December 29, 2020

Two Men Arrested for Burglary, Stealing Police Car

By Benjamin Herbst

Earlier this week two Palm Beach County men were arrested for allegedly breaking into two Wellington restaurants and stealing cash and gift cards. PBSO originally received a call reporting burglaries at the two restaurants on Sunday morning, and responding officers observed smashed windows and ransacked cash registers. A short time later PBSO received another call about a theft, but this time it was from their neighbors down in Broward County. The Broward Sheriff’s Office apparently had one of their patrol cars go missing, and GPS pinged to a location in Palm Beach County. Officers likely had no idea the two crimes were connected, but upon locating the stolen cop car and detaining the suspects the connection became clear. Search incident to arrest revealed that the suspects possessed numerous gift cards from one of the burglarized restaurants, as well as cash and several suspected stolen credit cards. The two suspects were taken to jail and booked on charges of burglary of an unoccupied structure, criminal mischief, grand theft of a motor vehicle and resisting arrest without violence. One of the defendants, a 26-year old from Lake Worth, remains in custody, while the 30-year old defendant appears to have been released on bond.

It is unclear whether police have evidence that the two defendants actually stole the Broward police car, but both apparently admitted to being inside the vehicle. Originally, they had fled from the scene on foot and were not arrested in the stolen car. Upon being questioned, both reportedly denied any involvement in the burglary, though the gift cards and cash clearly gave police probable cause for the charges. While both men are facing multiple felony charges, it appears that all the felonies are of the third-degree variety. The incarcerated defendant is facing felony charges for corruption by threat against a public servant, in addition to the felony burglary, criminal mischief over $1,000 and grand theft charges. Resisting an officer without violence is considered a first-degree misdemeanor under Florida law that is handled in county court unless there is an accompanying felony such as in this case.

The Blog will continue to track this case and may post a follow-up article in the future if anything newsworthy comes down from the courthouse. It remains to be seen whether the pair will face any charges in Broward County, or whether the evidence recovered could lead to additional charges elsewhere. The two suspected burglars should have been aware that all police cars and most commercial vehicles are equipped with GPS tracking systems that are extremely precise. Once BSO realized that one of their vehicles went missing it was only a matter of minutes before it could be located. It is unclear just how these defendants managed to come across a BSO patrol car, but details to this end will probably be released. It’s certainly an embarrassing situation when a police force allows one of its vehicles to be stolen, which is exactly why it presents a compelling news article to readers. If you or a loved one has been arrested or has an outstanding warrant for burglary, grand theft, resisting arrest or criminal mischief contact South Florida criminal defense lawyer Benjamin Herbst anytime for a free consultation. Benjamin is available to meet and take on cases in the Treasure Coast and in Palm Beach, Broward and Miami-Dade counties, and specializes in burglary and theft charges. He has won numerous resisting arrest cases throughout South Florida and is also an experienced Maryland criminal lawyer who has successfully represented thousands of clients in charges ranging from DUI and drug distribution to murder and attempted murder. Benjamin also specializes in firearm offenses such as illegal possession of a firearm by a convicted felon and carrying a concealed firearm. Contact Benjamin at 954-543-0305 or 410-207-2598 to find out which defenses may be available in your case.

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Published on: November 20, 2020

Two Suspects Arrested for Theft in Bel Air

By Benjamin Herbst

Bel Air Police have arrested two suspects in connection with a series of retail thefts spanning multiple states, and one remains in custody at the Harford County Detention Center. The incident occurred last week at a Dick’s Sporting Goods location in Harford County where the two suspects allegedly took several items from the store and fled the scene in a silver Ford Fusion. Police were called to investigate and then canvassed the area looking for the suspected vehicle. During their search for the suspects, police came across a car matching the description in the Harford Mall parking lot, and waited to see if anyone appeared. While police maintained surveillance on the Ford Fusion, other officers apprehended one of the suspects walking in the area. The second suspect was then arrested as she headed toward the vehicle, and officers later determined that both were involved in another retail theft inside of the mall. Police sought and received a search warrant for the Ford Fusion, and upon execution of that warrant discovered over $2,000 worth of stolen apparel from various retail stores.

The two suspects were arrested and charged with misdemeanor theft and theft scheme, and taken before the District Court Commissioner for a determination of their release conditions. One of the defendants, a 24-year old female from Baltimore City, was released on an unsecured personal bond. This means the defendant will not have to put any money up unless she fails to show up for her trial date, which has not been scheduled as of this time. The other defendant, a 25-year old female from Odenton in Anne Arundel County was originally granted release on a $5,000 bail, but then held without bail by a District Court Judge the next day. Normally, and especially during COVID-19, defendants are not held without bail for theft charges, but this defendant apparently had an active arrest warrant out of Virginia for theft. The judge was likely concerned that either she was a flight risk or that she would not be returned to court in time for her December 8, 2020 trial date if she was sent to Virginia. Defendants who are incarcerated are generally scheduled for District Court trial within 30-45 days, while defendants who are on the street are scheduled much further out from the date of their arrest.

We will continue to follow this case, and may post a follow-up article if anything interesting occurs in the either trial. The incarcerated defendant may end up taking a plea in December, as postponing the case or requesting a jury trial could result in a major delay, and continued incarceration. Unlike employee theft cases, misdemeanor retail theft cases of this magnitude generally do not result in a jail sentence unless the defendant has a criminal record. In this case the incarcerated defendant has a relatively lengthy criminal history, including prior convictions for theft out of Baltimore County and malicious destruction of property out of Anne Arundel County. These prior convictions combined with the active warrant out of Virginia could result in a much harsher sentence should she be found guilty. The District Court for Harford County has been known over the years to hand out harsher sentences than neighboring jurisdictions such as Baltimore County, but every case has its own story and every defendant a unique background. Benjamin Herbst is a Maryland and Florida criminal defense lawyer who specializes in theft and theft scheme cases in all jurisdictions including Harford County. Benjamin has successfully defended hundreds of clients charged with employee theft, retail theft, embezzlement, fraud and other white-collar crimes. He also handles probation violations and drug, gun and violent criminal cases such as robbery, attempted murder and aggravated assault. Call his Maryland office at 410-207-2598 or his Florida office at 954-543-0305.

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Published on: August 5, 2020

Anne Arundel County Police Officer Arrested

By Benjamin Herbst

A veteran Anne Arundel County police officer has been arrested and charged with numerous felony offenses for allegedly stealing from the home of a deceased man in Pasadena. Back in April multiple officers responded to the residence after a report of an unattended death. The officer in question then returned to the house the next day in full uniform, and according to reports took cash and firearms with him. A witness observed the officer removing the firearms from the house, but thought it was routine police activity. The witness never mentioned what he saw until months later when a family member of the deceased homeowner called the department in search of the missing firearms for estate purposes. The department started asking questions and ultimately came across the witness.

Detectives were probably surprised to learn their prime suspect was one of their own, but nonetheless proceeded to hone in on making an arrest. Police executed a search warrant on the officer’s home in Linthicum and he was arrested soon thereafter. The 5-year veteran officer was released on his own recognizance by a district court commissioner after being booked and charged with 6 different offenses including first-degree burglary, felony theft and misconduct in office. He was also charged with third-degree burglary, fourth-degree burglary and felony theft scheme, and has been placed on leave without pay by the Anne Arundel County Police Department. There is currently no preliminary hearing date set for the officer’s case, but regardless it will ultimately be forwarded to the Circuit Court for a resolution.

It is too early to tell whether this case will end up going to trial, but if detectives found the firearms during the execution of the search warrant then a guilty plea is almost a foregone conclusion. While the officer is facing 6 total charges, his attorney will likely argue for the four felonies to be dismissed. The State will probably push for a plea involving the misconduct in office charge, and one additional theft or burglary charge. Misconduct in office is a common law offense in Maryland that does not have a set maximum penalty, but it is considered a misdemeanor. Whether the defense can convince the State to go on misdemeanor fourth-degree burglary remains to be seen, as this would ensure the officer does not end up with a felony conviction.

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Published on: July 7, 2020

Salmon Thieves Still at Large

By Benjamin Herbst

A popular downtown Annapolis restaurant was burglarized last month, and the two suspects have yet to be identified or apprehended. Unfortunately, dozens of businesses and homes are burglarized each day in Maryland, but this incident was particularly bizarre. For starters, surveillance video showed the suspects entering the restaurant’s kitchen through an unlocked door while many members of the staff were still busing closing down after a night of business. Rather than proceed to look for cash, liquor or other common valuable items, the burglars went straight to the walk-in refrigerator an emerged with approximately 40 salmon fillets. At a cost of $10 per fillet, the total loss for the restaurant was around $400. While not the heist of the year, this likely ranks as one of the largest fish thefts in Anne Arundel County in a while.

Annapolis Police first responded to the call after midnight following a busy post-quarantine Sunday night. According to police, the manager was getting ready to head home when he noticed several salmon fillets sitting in the kitchen instead of their normal storage spot in the fridge. He questioned his fellow employees, but none were able to provide an explanation about the mislaid fillets. A trip to the office for a review of the security cameras quickly explained the situation, though it was likely not what the employees expected to see. It is unclear whether the thieves performed a quick in and out job, or took their time to maximize their haul. In the movies, a bank heist usually goes south when the robbers spend too much time in the vault. These salmon thieves may have taken notice and limited their time in the walk-in refrigerator.

Had the pair have been caught in the act, or identified and arrested down the road they would have faced multiple criminal charges including second-degree burglary. Second-degree burglary is defined as breaking and entering a storehouse (business) with the intent to commit a theft, arson or a crime of violence. Contrary to common belief, breaking and entering does not mean the suspect actually has to break something to gain access to the interior of the building. Opening an unlocked door and crossing through the doorway is enough of an intentional act to qualify as breaking and entering under Maryland law. Second-degree burglary is a felony with a maximum penalty of 15 years in prison, though if a firearm was stolen it becomes a 20-year maximum. Other states such as Florida have similar enhanced penalties when a burglary suspect steals a firearm during the course of the crime. In Florida this becomes armed burglary, which is actually punishable by life in prison. The suspects would also have been charged with theft less than $1,500, which is punishable by up to 6 months in jail. If the suspects did not have lengthy criminal records the state would likely have offered a plea to theft, and kept the offense a misdemeanor. The case is likely to remain as cold as the salmon left in the fridge, but if anything changes the Blog will be sure to post a follow up article.

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