Breaking and Entering

I have been defending people charged with the crime of breaking and entering since 2003. This is a common charge in both District and Superior Court, and carries potentially serious penalties. In many such cases, the prosecutor lacks eyewitnesses, and therefore depends on circumstantial evidence, such as finger prints, shoe prints, or stolen items later found under the defendant’s control. The increasing prevalence of security cameras has also made these cases easier for prosecutors to prove. However, it is not uncommon for the police to charge someone with breaking and entering without sufficient evidence to prove the charge at trial. In such cases, it is often possible to negotiate with the prosecutor to dismiss the charge or to reduce it to a less serious charge such as trespassing.

Breaking and Entering is defined by Mass. General Laws Chapter 266, Section 16, as the defendant “breaking” into a building or vehicle with the intent to commit a felony or a misdemeanor therein. A “breaking” is defined as “moving in a significant manner anything that bars the way into the structure.” This would include not only breaking a window or a door, but also opening a closed door or window, even if it is unlocked. Breaking and entering in the nighttime is a more serious, or “aggravated”, form of the crime than breaking and entering in the daytime. Breaking and Entering with Intent to Commit a Misdemeanor is punishable by up to 6 months in jail and a $200 fine. Breaking and Entering in the Daytime with Intent to Commit a Felony is punishable by up to 10 years in state prison.

Below are are the common breaking and entering charges and their sentences:

Breaking and Entering with Intent to Commit a Misdemeanor is punishable by up to 6 months in jail and a $200 fine.

Breaking and Entering in the Daytime with Intent to Commit a Felony is punishable by up to 10 years in state prison.

If a firearm is used during the commission of this offense, there is a minimum mandatory sentence of 2 1/2 years in jail.

Breaking and Entering at Nighttime with Intent to Commit a Felony (also known as Burglary) is punishable by up to 20 years in state prison.