If you have been charged with burglary, you have been accused of entering a home (dwelling), in the nighttime with intent to commit a felony. The important difference between this crime and the crime of breaking and entering in the nighttime is that the incident occurs in a home or dwelling. This crime is a felony and can only be prosecuted in the Superior Court. The District Court does not have jurisdiction of this crime and therefore, the only potential sentence involves a potential prison sentence as opposed to a jail or house of correction sentence.Are There Factors That Can Aggravate This Charge To A More Serious Charge?
Yes. Where a defendant was armed with a firearm, rifle or any type of assault weapon, the defendant faces imprisonment in state prison for up to a life sentence and a mandatory sentence of fifteen years.
In the event that a defendant is convicted and has a prior burglary conviction, a defendant can be sentenced to a minimum sentence of twenty years and ALL of the twenty years must be served. The maximum sentence is life in prison.What Can I Do To Defend Against Charges Of Burglary?
An experienced Massachusetts criminal attorney will review the discovery, interview any and all potential witnesses and engage an investigator to determine a defense strategy.
In the event that any type of search of a person, home, car or property was conducted, the circumstances surrounding the search and confiscation of any evidence must be examined to determine whether a motion to suppress is appropriate to file. If after reviewing the facts it appears that the defendant’s state or federal constitutional rights were violated a motion to suppress evidence should be filed. It is important to remember that even if the motion is successful, it is not necessarily the end of the case. The remedy is for the evidence to be suppressed. If the government believes that it has enough evidence to go forward then the prosecution will continue.
Similarly, in the event that a defendant made a statement, the circumstances surrounding the utterance of the statement must be examined. If the defendant was in “custody” and interrogated without having “Miranda Rights” read to him or her, a motion to suppress evidence should be filed. Again, the allowance of this motion does not necessarily mean the end of the case. In the event that the District Attorney believes that there is enough to proceed, he or she will do just that.
If a determination is made for the case to go to trial, all defense strategies must be explored. These may involve “misidentification,” “alibi” or simply that the Commonwealth cannot prove all of the elements beyond a reasonable doubt.
Burglary is a serious crime and punishments for convictions are severe. You need a powerful lawyer who has the experience in court and the street smarts to defend you. You want Massachusetts Burglary Defense Lawyer Kathleen McCarthy on your side. Contact Kathleen McCarthy online or call 978-975-8060. Kathleen McCarthy will fight to protect your rights and freedom.
Any type of disposition depends on the circumstances. Facts considered by the court include: whether or not anyone was in the home or building and if anyone was hurt during the act of burglary and whether a weapon was used. All of these facts are considered when the court determines the seriousness of the crime and the punishment. The skills of a good criminal defense lawyer make a big difference.
An experienced Massachusetts Burglary Defense Lawyer will know when the charges can be negotiated, when to question how and why the arrest was made, when an overzealous police officer arrested the wrong person, and when a jury trial is the only way to find the truth. When the evidence against you is weak and it is a first offense, it is possible that the charges can be dropped completely. An aggressive, relentless and thoroughly prepared lawyer will make sure that every possible means of defending you is explored and every tool available to protect your freedom is used.
Kathleen McCarthy has successfully represented many individuals, gotten charges reduced, sentences cut, alternate sentences handed down and had charges dismissed for her clients. As a former prosecutor, Kathleen McCarthy knows how the system works - and is not afraid to play hardball for her clients.
If you have been charged with burglary, contact Massachusetts Burglary Defense Lawyer Kathleen McCarthy online or call 978-975-8060.