Burglary

Defending Against Burglary Charges in Massachusetts

Burglary is a serious offense in Massachusetts, characterized by unlawfully entering a building with the intent to commit a crime inside. The consequences of a burglary conviction can include significant prison time, fines, and a permanent criminal record. At DeGiacomo & Mikhlin, P.C., we provide skilled legal defense for individuals facing these charges. Here’s an overview of how to defend against burglary charges in Massachusetts.

Understanding Burglary Charges

In Massachusetts, burglary is defined under Massachusetts General Laws Chapter 266, Section 14. It involves:

1. Breaking and Entering: This refers to forcibly entering a building or structure. The "breaking" can be as minimal as opening an unlocked door or window, while "entering" involves any part of the body or an object being used to gain entry.

2. Intent to Commit a Crime: The prosecution must prove that the accused had the intent to commit a felony once inside the building. The specific crime does not need to be carried out; the intent alone is sufficient.

Potential Defense Strategies

  1. Lack of Intent: One of the primary defenses against burglary charges is arguing that the defendant lacked the intent to commit a crime. For example, if a person entered a building by mistake or for a lawful purpose, such as retrieving their belongings, the prosecution may struggle to prove the necessary criminal intent.
  2. Consent: If the defendant had permission from the property owner or lawful occupant to enter the building, this can serve as a defense. Consent must be genuine and not obtained through fraud or coercion.
  3. Mistaken Identity: Burglary charges can sometimes arise from mistaken identity, especially if there is a lack of clear evidence linking the defendant to the crime. A strong alibi, lack of physical evidence, or unreliable witness testimony can be used to argue that the wrong person has been accused.
  4. Lack of Evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. If there is insufficient evidence to establish breaking and entering or intent to commit a crime, the defense can argue for a dismissal or reduction of charges.
  5. Challenging the Prosecution's Evidence: This strategy involves scrutinizing the evidence presented by the prosecution, including challenging the credibility of witnesses, the admissibility of physical evidence, and the accuracy of forensic analysis.
  6. Duress or Coercion: If the defendant committed the burglary under duress or coercion, such as being threatened with harm if they did not participate, this can serve as a defense. The defendant must demonstrate that they were compelled to commit the crime under threat of immediate danger.

Possible Consequences of a Burglary Conviction

Burglary is typically classified as a felony in Massachusetts, with penalties that can vary based on the specifics of the case, such as:

  • Aggravating Factors: The presence of aggravating factors, such as the use of a weapon, the presence of occupants, or the commission of a violent act during the burglary, can lead to harsher penalties.
  • Prior Criminal Record: A defendant's prior criminal history can influence sentencing, with repeat offenders facing stiffer penalties.

Potential consequences include significant prison time, fines, probation, and a permanent criminal record that can impact future employment and housing opportunities.

Conclusion

Defending against burglary charges in Massachusetts requires a comprehensive understanding of the law and a strategic defense approach. At DeGiacomo & Mikhlin, P.C., we are committed to protecting our clients' rights and advocating for the best possible outcome. If you are facing burglary charges, contact us today for a consultation. We are here to guide you through the legal process and build a strong defense on your behalf.

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