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Massachusetts Breaking and Entering Lawyer

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Massachusetts Breaking and Entering Attorney

If you are charged with Breaking and Entering (B&E) it is important that you reach out to anexperienced Massachusetts criminal defense attorneyto help you craft a defense strategy for your case. Breaking and Entering is a serious criminal offense in the Commonwealth of Massachusetts. It is a charge that has the potential consequences of going to jail, facing probation, potential fines and fees and a criminal conviction.

Ellison Law LLC hasMassachusetts criminal defense lawyers, who have handled many breaking and entering cases throughout the Commonwealth of Massachusetts in both the District and Superior courts.

What Are Some Of The Penalties For Breaking And Entering In Massachusetts?

The penalties for breaking and entering depend on whether you intended to commit a felony or intended to commit a misdemeanor. It also depends on the circumstances of the breaking and entering. Here are two common examples:

Breaking and Entering at Night Penalties:

  • up to 2 and a half years in the House of Correction (county jail)
  • up to 20 years in State Prison
  • up to a $25,000 Fine
  • Possible Felony Conviction
  • Possible Probation

Misdemeanor Breaking and Entering Penalties:

  • up to 2 and a half years in the House of Correction (county jail)
  • up to a $200 Fine
  • Possible Misdemeanor Conviction
  • Possible Probation

What are the Elements of Felony Breaking and Entering in Massachusetts?

In order to prove breaking and entering, the prosecution has to prove you did the following things:

  • That you broke into a building, ship, vessel, or vehicle belonging to another person;
  • That you entered the building, ship, vessel, or vehicle;
  • That you did so with the intent to commit a felony in that building, ship, vessel, or vehicle;

What are Some Defenses forBreaking and Entering in Massachusetts?

There are many different defenses to Massachusetts Breaking and Entering and each case requires a unique defense. However, some common defenses to Breaking and Entering are the following:

  • It did not happen
  • You had permission to enter
  • You did not have the specific intent required
  • There was no breaking
  • There was no entering

What Are Some Of The Laws For Breaking And Entering In Massachusetts?

Breaking and Entering at Night comes fromMassachusetts General Laws chapter 266 section 16which states “Whoever, in the night time, breaks and enters a building, ship, vessel or vehicle, with intent to commit a felony, or who attempts to or does break, burn, blow up or otherwise injures or destroys a safe, vault or other depository of money, bonds or other valuables in any building, vehicle or place, with intent to commit a larceny or felony, whether he succeeds or fails in the perpetration of such larceny or felony, shall be punished by imprisonment in the state prison for not more than twenty years or in a jail or house of correction for not more than two and one-half years.”

Breaking and Entering with the Intent to Commit a Misdmeanor comes fromMassachusetts General Laws chapter 266 section 16A, which states “Whoever in the nighttime or daytime breaks and enters a building, ship, vessel or vehicle with intent to commit a misdemeanor shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both.”

At common law, one could not burglarize one’s own dwelling, but the issue turned on rights of occupancy rather than ownership.Commonwealth v. Ricardo, 26 Mass. App. Ct. 345, 354-357, 526 N.E.2d 1340, 1346-1347 (1988) (charge of armed assault in dwelling).

An unoccupied apartment is a “dwelling house” if the tenants have taken possession and have the right to move in, even if they have not in fact done so.Commonwealth v. Kingsbury, 378 Mass. 751, 755-757, 393 N.E.2d 391, 384-395(1979).

An occupied motel room is a “dwelling.”Commonwealth v. Correia, 17 Mass. App. Ct. 233,234-236, 457 N.E.2d 648, 650-651 (1983).

The complaint need not specify the intended felony.Commonwealth v. Porcher, 26 Mass. App. Ct. 517, 521, 529 N.E.2d 1348, 1351 (1988);Commonwealth v. Wainio, 1 Mass. App. Ct.866, 867, 305 N.E.2d 867, 867 (1974).

If you or a loved one are charged with Breaking and Entering and are in need of a Massachusetts breaking and entering attorney, please contact Massachusetts Criminal Defense Attorneys at Ellison Law LLC today at 401-230-5520.

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David was great. He helped proved my innocence and won my case. He also helped me with my insurance issue. I will always keep his number by my side. I would reccomend him to anybody.

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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David has represented me on a few things, and every time he has made me feel comfortable, safe, he reassured me that It was going to be okay. He is a great lawyer, I'm so…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"David worked so hard on my case and really kept pushing for what I deserved! I can't thank him enough for always keeping me up to date and the great communication throughout this process. David…

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"Thank you attorney Allison and attorney David Ellison for their diligent work on my case. I had received a traffic violation in the State of RI and she kept me informed throughout the entire process.…

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"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

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Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

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"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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