The crime of breaking and entering in the night time with intent to commit a felony is governed by M.G.L. ch. 266 §16. In order to be convicted for this offense, the Prosecution must prove that an individual engaged in the following conduct:

• Broke and entered a building ship, vessel or vehicle
• In the night time
• With and intent to commit a felony

Massachusetts courts have published extensive opinions explaining what specific conduct is and is not sufficient to satisfy the elements of this crime. Examples of breaking and entering include the following:

• Going through an open window that is not intended for use as an entrance is a breaking;
• An entry has been committed once any part of the body [i.e., hand, finger, leg] enters into the threshold of the home after a breaking;
• Removing a loose plank that is not fixed to the threshold is not a breaking;
• The intent to commit a felony must be present at the time of the breaking; proof of intent to commit a misdemeanor [such as a trespass] is insufficient.

In order to successfully defend against this charge, you need an attorney like Kathleen M. McCarthy, an experienced Massachusetts criminal defense lawyer on your side. Attorney McCarthy has handled these types of cases for over twenty years.

Penalties for breaking and entering in the night time with intent to commit a felony

If you are convicted for committing this crime you can be sentenced to serve up to twenty years in jail. A conviction for this felony can also have collateral consequences and serve as an underlying felony offense for more serious charges in the state and federal courts. Convictions on these types of crimes usually carry stiff mandatory minimum sentences.

If you are charged with this felony, do not take it lightly. In addition to fighting the case in the courtroom, Attorney McCarthy can engage in negotiations which may result in the reduction of the charge to lesser included or perhaps an outright dismissal. A successful outcome requires the services of a prepared, experience and dedicated attorney like Kathleen M. McCarthy. Do not hesitate and call now so that she can start to work on your case.