Facing Burglary Charges in Massachusetts? Here's What Happens

Understanding Burglary Charges in Massachusetts

Burglary in Massachusetts is a serious offense, carrying potentially severe penalties. It's crucial to understand the legal definition, the elements the prosecution must prove, and the potential consequences you face if charged.

What Constitutes Burglary Under Massachusetts Law?

Massachusetts General Laws Chapter 266, Section 14 defines burglary as:

• 🏠 Breaking and entering
• 🌙 In the nighttime
• 🏢 Into a building, ship, vessel, or vehicle
• 😠 With the intent to commit a felony

Each of these elements must be proven beyond a reasonable doubt for a conviction. Let's break them down:

• Breaking and Entering: This means physically forcing entry. Even pushing open a partially open door or window can constitute "breaking." Entry can be with any part of your body, including your hand.
• Nighttime: Legally, nighttime is defined as the period between one hour after sunset and one hour before sunrise.
• Building, Ship, Vessel, or Vehicle: The law applies to more than just residential houses. It includes commercial buildings, boats, and even enclosed vehicles.
• Intent to Commit a Felony: This is the most critical element. The prosecution must prove that you intended to commit a felony inside the structure. This could be theft, assault, arson, or any other felony.

Degrees of Burglary and Potential Penalties

Massachusetts law distinguishes between different degrees of burglary, primarily based on whether the building was occupied and whether the perpetrator was armed.

Home Invasion

🔥 Home invasion, defined under Massachusetts General Laws Chapter 265, Section 18C, carries the most severe penalties. It involves:

• 🏠 Knowingly entering the dwelling place of another
• 😠 Knowing or having reason to know that one or more persons are present
• 👊 Using force or threatening the imminent use of force

Penalties for Home Invasion: A conviction for home invasion carries a mandatory minimum sentence of 20 years in state prison, up to a maximum of life imprisonment.

Armed Burglary

⚔️ Armed burglary, covered under M.G.L. c. 266, § 14, involves being armed with a dangerous weapon during the commission of a burglary.

Penalties for Armed Burglary: Punishments can range from imprisonment in the state prison for life, or for any term of years, but no less than ten years.

Unarmed Burglary

🚪 Unarmed burglary, also under M.G.L. c. 266, § 14, carries a lesser penalty than armed burglary but is still a felony.

Penalties for Unarmed Burglary: Imprisonment in the state prison for not more than twenty years, or in a jail or house of correction for not more than two years.

Common Defenses to Burglary Charges

A skilled Massachusetts criminal defense attorney will explore all possible defenses to a burglary charge. Some common defenses include:

• Lack of Intent: The prosecution must prove you intended to commit a felony inside. If you entered for another reason, like seeking shelter or believing you had permission to be there, this could be a viable defense.
• Mistaken Identity: If you were misidentified as the perpetrator, this is a strong defense. This might involve alibi evidence or challenging the reliability of eyewitness testimony.
• Lack of Evidence: If the prosecution's evidence is weak or circumstantial, your attorney can argue that they haven't proven their case beyond a reasonable doubt.
• Illegal Search and Seizure: If the police obtained evidence through an illegal search or seizure, that evidence may be suppressed, weakening the prosecution's case.
• Intoxication: While not always a complete defense, intoxication can sometimes negate the element of specific intent, particularly if it rendered you incapable of forming the intent to commit a felony.
• Duress: If you were forced to commit the burglary under threat of immediate harm, this could be a defense.

Navigating the Massachusetts Court System: A Practical Guide

Facing burglary charges in Massachusetts can be overwhelming. Understanding the court process is crucial.

Arraignment

👮 This is your first court appearance. You'll be informed of the charges against you, and the court will set bail. It's vital to have an attorney present at this stage to advocate for reasonable bail conditions.

Pre-Trial Hearings

📅 These hearings involve various matters, such as motions to suppress evidence, discovery (exchanging information between the prosecution and the defense), and plea negotiations.

Trial

⚖️ If a plea agreement can't be reached, your case will proceed to trial. The prosecution must prove your guilt beyond a reasonable doubt. You have the right to present evidence, cross-examine witnesses, and testify on your own behalf (or remain silent).

Sentencing

📝 If you are convicted, either through a plea or after trial, the court will impose a sentence. Your attorney can argue for a lighter sentence, considering mitigating factors such as your criminal history, remorse, and any efforts you've made to rehabilitate yourself.

Strategies for Building a Strong Defense

Building a strong defense to burglary charges requires a proactive and strategic approach. Here are key steps to take:

• Hire an Experienced Attorney: A skilled Massachusetts criminal defense attorney specializing in burglary cases is your most valuable asset. They understand the law, the court system, and the strategies that work.
• Gather Evidence: Collect any evidence that supports your defense, such as alibi evidence, witness statements, or documents that explain your presence at the scene.
• Cooperate with Your Attorney: Be honest and forthcoming with your attorney about all the facts of the case, even those that may seem unfavorable. This allows them to develop the strongest possible defense strategy.
• Consider Mitigation: If the evidence against you is strong, focus on mitigating factors that can reduce the severity of the sentence. This might involve substance abuse treatment, community service, or demonstrating remorse for your actions.

Potential Collateral Consequences of a Burglary Conviction

Beyond imprisonment and fines, a burglary conviction can have significant long-term consequences:

• Difficulty Finding Employment: Many employers are reluctant to hire individuals with felony convictions, especially those involving theft or violence.
• Housing Restrictions: Landlords may deny rental applications based on a criminal record.
• Loss of Professional Licenses: Certain professions require background checks, and a felony conviction could jeopardize your ability to obtain or maintain a license.
• Immigration Consequences: For non-citizens, a burglary conviction can lead to deportation.
• Loss of Gun Rights: A felony conviction typically prohibits you from owning or possessing firearms.

Alternatives to Incarceration in Massachusetts

In some cases, particularly for first-time offenders or those with mitigating circumstances, alternatives to incarceration may be available. These options often depend on the specific facts of the case and the defendant's criminal history.

• Probation: Supervised release with conditions such as drug testing, counseling, and community service.
• Suspended Sentence: A sentence of incarceration that is suspended, meaning you only serve it if you violate the terms of your probation.
• Community Service: Performing unpaid work for a non-profit organization.
• Restitution: Paying compensation to the victim for any losses or damages they suffered.
• Drug or Alcohol Treatment: If substance abuse contributed to the offense, completing a treatment program can be a condition of probation or a factor in sentencing.
• Mental Health Treatment: If mental health issues played a role, engaging in therapy or other treatment can be beneficial.
• Diversion Programs: Some Massachusetts courts offer diversion programs for certain offenses. Successful completion of the program results in the charges being dismissed.

Victim Compensation and Restitution in Burglary Cases

If you are a victim of burglary in Massachusetts, you may be entitled to compensation for your losses. This can include financial losses, property damage, and emotional distress. Several avenues for seeking compensation exist:

• Restitution: As part of the criminal proceedings, the court can order the defendant to pay restitution to the victim to cover financial losses, such as the cost of stolen property or repairs to damaged property.
• Victim Compensation Fund: The Massachusetts Office for Victim Assistance (MOVA) administers a fund that provides financial assistance to victims of violent crimes, including burglary. This fund can help cover expenses such as medical bills, lost wages, and counseling.
• Civil Lawsuit: You can file a civil lawsuit against the perpetrator to recover damages for your losses. This may be appropriate if the defendant has assets that can be seized to satisfy a judgment.
• Insurance: Your homeowner's or renter's insurance policy may cover losses due to burglary. Review your policy carefully and file a claim as soon as possible.

Important Note: Seeking compensation as a victim can be a complex process. Consult with an attorney to understand your rights and options.

Seeking Legal Assistance: Finding the Right Massachusetts Attorney

If you are facing burglary charges or have been the victim of a burglary, seeking legal assistance is essential. Here's how to find the right Massachusetts attorney:

• Specialization: Look for an attorney who specializes in criminal defense, particularly burglary cases.
• Experience: Choose an attorney with a proven track record of success in handling similar cases.
• Reputation: Check online reviews and ask for referrals from friends or family.
• Communication: Find an attorney who communicates clearly and is responsive to your questions and concerns.
• Consultation: Schedule a consultation with several attorneys to discuss your case and determine who is the best fit for you.

Don't hesitate to reach out to a qualified Massachusetts attorney to protect your rights and navigate the legal process.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.