Facts
The relevant facts relate to an incident at Julia Williams’ residence at 12 West Avenue, Annapolis, Maryland. On 2nd December 2022, Ms. Williams, the owner of the home, returned from her overnight work, and Ms. Williams quickly called 911 to notify authorities about the same for they may be a threat. Officers responding to a disturbance call in the Brady and Wilson residence made arrests and later performed pat-downs, which led to the recovery of a firearm, among other objects, including controlled dangerous substances such as drugs.
Issue
The crucial thing is that Jim Brady and Tom Wilson broke Maryland law and what the respective crimes they will be charged under according to the Maryland laws.
Rule
Burglary:
First Degree Burglary in the State of Maryland. Crim. Law Code § 6-202):
The law applies if they trespassed into Ms. Williams’ house armed with a deadly weapon to commit murder, robbery, or rape or injured someone. Here, no use of a dangerous weapon and no actual bodily harm is involved, as a straightforward reading of the facts does not disclose that.
Md. Crimes and Punishments Code. The Second-Degree Burglary. Crim. Law Code § 6-203):
It may be applied when the entry circumstances are incompatible with the definition of first-degree Burglary. Second-degree Burglary involves illegally accessing a home and intending to commit a crime therein. With the fact pattern supporting a case of second-degree Burglary (Brady and Wilson being in the house having flashlights)
Md. The statute’s crime is Burglary in the Third Degree (Md. Crim. Law Code § 6-204):
Such applies when the conditions do not fulfill the first or second-degree Burglary criteria. Burglary in the third degree includes getting into any building to commit theft, arson, and a felony. If charged, Brady and Wilson would face Burglary in the third degree after entering into property without consent.
Possession of Burglar Tools (Md. Crim. Law Code § 6-206):
This may be considered if it can be proved beyond a reasonable doubt that they had implements often used in Burglary with them.
Weapons Offenses:
Possession of Unregistered Firearms (Md. Crim. Law Code § 4-203):
Brady and Wilson could be indicted with offenses relating to unregistered possession and carrying of firearms.
She was carrying a Handgun Without a Permit (Md. Code, Criminal Law). Crim. Law Code § 4-203):
Applicable because Brady and Wilson did not have lawful authority to own/carry firearms.
Possession of a Revolver (Md. Crim. Law Code § 4-203):
Applicable to Wilson’s involvement regarding a revolver.
Controlled Dangerous Substances:
Maryland’s Controlled Dangerous Substance Act. Crim. Law Code § 5-601):
Jim Brady may be charged with possession of a controlled dangerous substance as per recovery of three glassine packets with the white powdery substance.
Maryland’s Criminal Liability for Possession with Intent to Distribute. Crim. Law Code § 5-602):
In such a case, this charge may hold upon showing enough evidence that Brady intended to distribute the recovered substance.
Possession of Drug Paraphernalia (Md. Crim. Law Code § 5-603):
Items linked with sales of drugs can also be factored into the equation.
Prescription Medication:
Md. Anne Arundel County – State v. Possession of prescription medication without a prescription. Crim. Law Code § 5-607):
It could lead to the charging of Tom Wilson on possession of prescription drugs, which was recovered from a bottle prescribed to Julia Williams.
Analysis
Burglary:
The circumstances support the charges of Burglary. The extent of Burglary, including specific intent and presence of weapons or injuries, must be evaluated very well. Depending on the information, Brady and Wilson can be charged with different degrees, including first, second, and third Burglary.
The fact pattern proves that Brady and Wilson forced their way into Ms. Williams’ home without her consent and with the intent to commit a crime within the necessary ingredients for Burglary. However, it should be noted that the question fact pattern does not contain the facts of “the use of a deadly weapon” or “physical injury.” Accordingly, the most aggravated charge of first-degree Burglary may not fit here.
Burglary in the second degree refers to an unlawful entry into a dwelling intending to commit a crime inside of it. In this situation, Brady and Phelan shone flashlights in the living room, proving they had broken into Ms. Williams’s house, in line with the elements of second-degree Burglary.
Burglary in the third degree consists of breaking into any building to commit a robbery, arson, or a felonious crime. Although the fact pattern does not express a specific intent, the circumstances provide the option of third-degree Burglary because Brady and Wilson committed without permission.
The charge of possession of burglary tools is another one that should be considered in the same context (Md.). Crim. Law Code § 6-206) may apply if it can be proved that Brady and Wilson owned tools usually used by burglars.
Weapons Offenses:
Wilson and Brady face several charges for possessing and carrying firearms without registering them and getting permits. Besides, Wilson has faced particular charges for owning a revolver. The fact pattern reveals that neither Brady nor Wilson owned lawfully registered guns to bear them outside the home. This leads to cases brought under the provisions of Md. Crim. Subdivision 1 of § 4-203, about handgun possession, carrying, wearing, or transportation (Hanks et al., 2020)
Thus, Wilson’s possession of a revolver becomes another factor for possible individual charges, Md. Crim. Law Code § 4-203. Each firearm is unique and will be charged on different grounds depending on its details.
Controlled Dangerous Substances:
Jim Brady may be prosecuted for possession of a controlled, dangerous substance, and if the evidence suggests a criminal purpose, then possession with an intent to distribute could also be charged against him. The analysis may also involve considering the presence of drug paraphernalia.
The facts outline the retrieval of three glassine envelopes containing a white, powdery substance from the right side of Mr. Brady’s pocket. This corresponds to the elements of possessions of a controlled dangerous weapon under Md. Crim. Law Code § 5-601.
If it is found that Brady intended to dispose of the items, more severe possession charges with intent to distribute (M. Crim. However, it is essential to note that this case can be tried under Law Code § 5-602. The amount possessed, paraphernalia present, or other indications of drug trafficking all give rise to an inference of intent to distribute.
Furthermore, the possession of drug paraphernalia may be considered an offense under Md. Crim. The Law Code § 5-603 governs the possession of items used to produce schedule I and II drugs.
Prescription Medication:
Depending on the recovery of a prescription drug bottle prescribed to Julia Williams, Tom Wilson may be charged with possession of prescription medication without a valid prescription.
Recovery of a prescription drug bottle containing 10 Percocet tablets prescribed to Julia Williams from Wilson’s backpack forms the fact pattern. This follows the elements of possession of prescription medication without a prescription as provided by Md. Crim. Law Code § 5-607.
Conclusion
From the analysis of facts and some Maryland Criminal Law Code Sections, Tom Wilson and Jim Brady are likely to have infringed Maryland law.
Jim Brady:
These may include Burglary, carrying an unregistered firearm, possession of a handgun without a permit, possession of a controlled substance, and possession with intent to dispose. These are the code sections, and they are Md. Crim. Law Code, Sec.6-202, sec 4-203, sec 5-601 & sec 5-602.
These circumstances show that Brady came into the house of Ms. Williams without permission, intending to commit a crime inside. This is in line with the Burglary elements; specifically, charges can include second-degree Burglary under Md. Crim. Law Code § 6-203.
There are several charges which can be brought under Md. Crim. in the recovery of firearms without proper registration and permits. Law Code § 4-203. There may also be the finding of a controlled dangerous substance in the possession of Brady, which may amount to charges of Md. Crim. Additional: Additionally, the discovery of controlled dangerous substances on possession of Brady may attract Md. Crim. Md. Law Code § 5-601 could result in felony charges for possession with intent to distribute. Crim. However, if the evidence demonstrates such intent (Law Code § 5-602).
Tom Wilson:
Possible charges may involve Burglary, carrying an unregistered firearm, possession of a revolver without a license, possession of a controlled dangerous substance, possession of prescription medication without a doctor’s prescription, as well as the case involving possession of a revolver (Feeley, 2019). The particular code sections are Md. Crim. Section 6-202, 4-203, 5-601, and 5-607 of Law Code.
Like Brady, he could be charged with Burglary on similar grounds, namely second-degree Burglary under Md. Crim. Law Code § 6-203.
For instance, failure to recover the firearms without being registered and possessing proper permits may be charged under Md. Crim. Law Code § 4-203. On top of that, a second dimension is created from carrying a revolver, and its description is needed to determine whether the proper charges apply (Arifin et al., 2019).
The fact is that Wilson’s possession of the prescription medication needed the proper authority and prescription. Thus, this conforms to the elements of possession of prescription medication without prescription Maryland Criminal Law Annotated Code (Md. Crim. Law Code § 5-607.
References
Hanks, J. J., & Hanks Jr James, J. (2020). Maryland Corporation Law. Wolters Kluwer Law & Business.
Feeley, M. M. (2019). Two models of the criminal justice system: An organizational perspective. In Criminal Courts (pp. 201–220). Routledge.
Arifin, R., Alkadri, R., Sari, D. P., Resthiningsih, L., & Holish, A. M. (2019). Improving law student ability in legal writing through critical and logical thinking by irac method. Indonesian Journal of Advocacy and Legal Services, 1(1), 107-128.
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