Westwood Breaking & Entering Defense Attorney

Helping Clients in Norfolk County

Breaking and entering is a very serious offense. Almost all the variations of breaking and entering are felonies that carry lengthy prison sentences and other long-lasting implications. They are cases that involve many distinct legal issues that may influence the charges. A proper legal defense includes immediate investigation and research by professionals with experience. Legal issues such as: what may be considered a “breaking”; what is legally “nighttime”; and whether one has the intent to commit a crime; must all be examined. Whether the government can even prove the identity of the offender also must be analyzed.

What Is Considered Breaking & Entering?

“Breaking and Entering” is essentially the illegal entry into a building, vessel, or vehicle with the intent to commit either a felony or misdemeanor. The term “Breaking” may be deceiving as the crime does not require that one go as far as smashing a window or breaking down a door. The law provides that the use of any amount of force, no matter how slight, that removes an obstruction to entry would qualify. For example, moving a door to open it is considered a “breaking.” Entering a building, ship, or vehicle through an open window may also qualify as a “breaking.” An “entry” occurs when any part of one’s body or any instrument in their control physically enters the building, ship or vehicle.

Massachusetts law requires that a crime must be intended at the time one breaks and enters the location. The penalties differ depending on whether you are charges with intending to commit a felony (crime for which you may be sentenced to state prison) or a misdemeanor (crimes which do not hold the possibility of a state prison sentence). The law allows for an inference that when one breaks and enters in the nighttime, it is fair to believe that one intends to steal.

The law also draws a distinction between a breaking and entering occurring in the daytime and one which occurs in the nighttime. “Nighttime” is defined as the time period from one hour after sunset to one hour before sunrise. All other breaking and entering cases are considered to be in the “daytime”.

For representation during your breaking and entering case, contact our Westwood lawyers 
by dialing (617) 397-5755 today. Serving clients in Norfolk, Suffolk, Plymouth, Barnstable, Bristol, Essex & Middlesex Counties.

Trespassing vs. Breaking and Entering: What’s the Difference?

Trespassing is entering upon another’s property after having been forbidden to do so, either directly or by notice. Breaking and entering does not require that you have been expressly forbidden from being present. The other significant difference between these two crimes is that trespassing does not require that the defendant intend to commit any crime. Trespassing also does not make any distinction for whether it occurs at night or in the daytime.

Are There Varying Levels of Breaking & Entering?

Breaking and entering in the nighttime with the intent to commit a felony is a very serious charge with serious potential penalties. It has a number of “lesser included” offenses. Simply put, if any of the critical elements of the charge are missing, there are other lesser charges that may be brought. Eliminating any of the key elements may change the crime and, thus, the penalty.

Some examples of the “lesser included: offenses are: 

• If the offense does not occur in the nighttime – G.L. c. 266, § 18- Breaking and Entering in the Daytime with the Intent to Commit a Felony.
• If there is not the intent to commit a felony but rather a misdemeanor – G.L. c. 266, § 16A – Breaking and Entering with the Intent to Commit a Misdemeanor.
• If there is and entering at night with no breaking or a breaking and entering during the day but the homeowner is present and placed in fear – G.L. c. 266, § 17 – Entering in the Nighttime without Breaking or Breaking and Entering in the Daytime Placing the Owner in Fear.
• If there is no breaking but and entering by use of false pretenses – G.L. c. 266, § 18A Entering by False Pretense Without Breaking with the Intent to Commit a Felony.