Understanding a Burglary Charge in Massachusetts

A burglary charge combines the elements of breaking and entering, and theft. Burglaries may be committed by petty criminals desperate for cash to support a drug problem, or could be part of an organized and professional criminal organization.

Of course, not everyone accused of a burglary  is guilty, and there are certainly situations where the circumstances can be vague as to legal access to property, with different domestic situations and complications.

When these type of crimes are part of a string of crimes, police may stay quite busy, constantly searching for those responsible. Back in February of this year when a jewelry store in Portsmouth was burglarized, the police said it resembled eight other recent occurrences in and around the Mass / NH border.

In fact, the Chrisrial & Co. Jewelry Store on Deer Street was actually broken into twice during the same month. The first time the burglars wielded a dumbbell to smash open a glass door and window. During the second burglary, a sledgehammer was used to gain entry.

Police officer Mike Maloney commented on both of these burglaries by saying, “Going back to the same location . . . certainly speaks to the brazenness” of these crimes. While no one was reported injured during these burglaries, no one ever knows when a store owner might be present on the premises, even at night.

These particular burglaries are quite similar to those frequently committed all around the state, although the means used to gain entry tend to vary from time to time. However, those who commit these types of crimes aren’t always sure what the district attorney’s office must prove to convict them.

Activities or Elements Often Involved During Massachusetts Burglaries                                               

Although the common law element of breaking and entering at night is still referenced in the legal statutes, courts in most states now convict most burglars even if they commit all of their crimes in broad daylight. (See: Massachusetts General Laws, Chapter 266, Crimes Against Property, Section 14.) Other elements of the crime of burglary that are frequently present are set forth below.

• The person breaking into the dwelling has the intent to commit a felony such as theft;
• The alleged felon is often either armed with a dangerous weapon upon entry or “arms himself” (or herself) once inside; and
• The burglar often assaults an individual inside the dwelling while committing another crime.

Anyone found guilty of the crime described above “shall be punished by imprisonment in the state prison for life or for any term of not less than ten (10) years.”

Should a person committing this type of crime do so “while armed with a firearm, rifle, shotgun, machine gun or assault weapon, [that individual] . . . shall be punished by imprisonment in the state prison for life or for any term of years, but not less than fifteen (15) years.”  Anyone convicted of a second burglary in Massachusetts will be punished by imprisonment “in the state prison for life or for any term of years, but not less than twenty (20) years.” Probation is never made available to anyone who commits a second or additional burglary in this state.

If you’ve been arrested or accused of committing any serious crime, you can contact the Law Offices of Massachusetts criminal defense attorney Russell J. Matson — 24 hours a day — to obtain the criminal defense representation you need: (781) 380-7730.