The Commonwealth Fights Hard, We Fight Harder.
If you have been charged with a property crime in Massachusetts you should know that a conviction on certain offenses can result in both significant jail time and the suspension of your driver’s license, as well as, fines, probation and payment of restitution. Hiring an experienced Massachusetts lawyer is crucial when it comes to defending against any property crimes charge and avoiding a conviction.
See a list of common property crimes our office handles, as well as answers to some frequently asked questions below.
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BREAKING AND ENTERING
To convict someone for breaking and entering, the Commonwealth must prove prove four things beyond a reasonable doubt:
- First: That the defendant broke into a (building) (ship) (vessel) (vehicle) belonging to another person;
- Second: That the defendant entered that (building) (ship) (vessel) (vehicle);
- Third: That the defendant did so with the intent to commit a felony in that (building) (ship) (vessel) (vehicle); and
- Fourth: That this event took place during the nighttime.
Breaking” has been defined as exerting physical force, even slight physical force, and thereby forcibly removing an obstruction and gaining entry.
- Another definition would be: moving in a significant manner anything that bars the way into the (building) (ship) (vessel) (vehicle). Some obvious examples would include breaking a window, orforcing open a door or window, or removing a plank from a wall. But there are some less obvious examples that also are considered to be “breakings.”
- Opening a closed door or window is a breaking, even if they are unlocked. Going in through an open window that is not intended for use as an entrance is also a breaking, but going in through an unobstructed entrance—such as an open door—is not.
“Entry” is the unlawful making of one’s way into a (building) (ship) (vessel) (vehicle). Entry occurs if any part of the defendant’s body—even a hand or foot—or any instrument or weapon controlled by the defendant physically enters the (building) (ship) (vessel) (vehicle). Breaking an outer storm window and reaching inside between the outer and inner windows with one’s hand is an entry. The third element of the offense is that the defendant broke in with the intent to commit a felony. In this Commonwealth, offenses for which a person may be sentenced to state prison are called “felonies.” Other, lesser offenses are called “misdemeanors.”
Finally, the Commonwealth must prove that the breaking and entering took place in the nighttime. The law is that the “nighttime” begins one hour after sunset and ends one hour before sunrise the next day, measured according to mean, or average, time at that time of the year in the place where the crime was committed. The Commonwealth may prove that a crime occurred in the nighttime by (presenting evidence that it was completely dark outside at the time of the offense) (offering an almanac or other reference book to show the time of sunset or sunrise on that day).
POSSESSION OF BURGLARIOUS TOOLS
In order to prove the defendant guilty of this offense, the Commonwealth must prove five things beyond a reasonable doubt:
- First: That the defendant knowingly possessed a tool or implement, (the Commonwealth has to be specific about which tool they are saying is illegal)
- Second: That such tool or implement could reasonably be used to break into a (building) (room) (vault or safe) (place for keeping valuables);
- Third: That the defendant knew that the tool or implement could reasonably be used for that purpose;
- Fourth: That the defendant intended to use the tool or implement for that purpose;
- Fifth: That the defendant had the specific intention of (stealing from) (committing a crime in) that place.
To qualify as a “burglarious tool,” it is not necessary that a tool or implement be designed or usable only for unlawful purposes. Items which are commonly used for lawful purposes, such as screwdrivers or chisels or kitchen knives, are considered to be “burglarious tools” if they can be used to break into a (building) (room) (vault or safe) (place for keeping valuables), and are possessed for that reason.
WILFUL AND MALICIOUS DESTRUCTION OF PROPERTY
In order to prove the defendant guilty of this offense, the Commonwealth must prove the following (three or four depending on the amount of damage alleged) things beyond a reasonable doubt:
- First: That the defendant injured or destroyed the personal property) (dwelling house) (building) of another;
- Second: That the defendant did so willfully; (and)
- Third: That the defendant did so with malice;
If value of property is alleged to be greater than $1,200, there is a fourth element:
- That the amount of damage inflicted to the property was more than $1,200.
Effective April 13, 2018, St. 2018, c. 69, increased the felony threshold for this offense from $250 to $1,200.