Breaking & Entering (B&E) for Felony/Misdemeanor
Worcester Breaking and Entering Lawyer
If you have been charged with breaking and entering (B&E) you need experienced criminal defense representation. Since 1998, the office of Gregory Casale, Attorney At Law, has been representing clients charged with breaking and entering charges in courts throughout Worcester County and across Massachusetts.
There is no such thing as straight "breaking and entering" under Massachusetts General Laws (M.G.L.). To be charged with breaking and entering (B&E) in Massachusetts, it must be either "with Intent to Commit a Misdemeanor" (M.G.L. c. 266, §16A) or "with Intent to Commit a Felony" (M.G.L. c. 266, §16). The issue of intent is the distinguishing element.
Our telephones are answered day or night by live staff. Call 508-556-6938 or toll free 877-752-7501 or contact us online.
Breaking and Entering Charges in Massachusetts
An arrest for breaking and entering, even the felony level charge, does not necessarily mean that you will be incarcerated. Unless caught in the act, many of these cases rest heavily on evidence which can be challenged in court. Eye-witness identifications can be extremely unreliable, especially in the nighttime. Many stores and parking lots even homes have video cameras these days but the quality of these recordings are often grainy and unfocused. Do not be intimidated by police interrogations where suspects are told that they have been captured on tape or that there is eye-witness identification. Do not be intimidated into a confession.
Even a confession does not mean that you are destined to a long jail sentence. For a confession to be admissible it must be a knowledgeable and willful waiver of your rights against self-incrimination. It cannot be coerced and if it was it may be thrown out.
Breaking and Entering Statutes
- Breaking & Entering with Intent to Commit a Misdemeanor (M.G.L. c. 266, § 16A): The Commonwealth must prove beyond a reasonable doubt that defendant broke and entered into a building, ship, vessel, or vehicle, in the daytime or the nighttime, with the intent to commit a misdemeanor. A conviction is punishable by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both.
- Breaking & Entering in Night Time with Intent to Commit a Felony (M.G.L. c. 266, § 16): The Commonwealth must prove beyond a reasonable doubt that the defendant, in the nighttime, broke and entered into a building, ship, vessel or vehicle with the intent to commit a felony. A conviction is punishable 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.
Contact a Felony or Misdemeanor Breaking and Entering Attorney in Massachusetts Now
If you have been charged with breaking and entering, get in touch with attorney Gregory Casale right away. Do not wait. Contact our office online or call. Operators are waiting at 508-556-6938 or toll free at 877-752-7501