Breaking and Entering / Burglary Defense Attorney Massachusetts

Breaking and entering and burglary charges in Massachusetts range from misdemeanors to felonies carrying life in state prison, depending on the time of day, the type of building, whether anyone was present, and whether the defendant was armed. We defend individuals charged with B&E and burglary in Essex County and throughout Eastern Massachusetts.

‍Call (978) 705-4537 for a free consultation available 24/7.

Breaking and entering and burglary charges are among the most serious property offenses in Massachusetts, and the level of charge depends on details that often look small but legally make a major difference. We have defended people facing B&E and burglary charges for over 30 years in Massachusetts courts.

Call (978) 705-4537 for a free consultation.

If you are looking at charging documents that mention breaking and entering, B&E, burglary, or any combination of those terms, you are dealing with one of the most heavily-graded categories of crime in Massachusetts. The category includes everything from a misdemeanor with a 6-month maximum to armed burglary carrying life in state prison. The applicable statute depends on three primary factors: the type of structure entered (a dwelling versus a non-dwelling building, ship, vessel, or vehicle), the time of day (night versus day), and what the defendant intended to do once inside.

Massachusetts breaking-and-entering law treats "breaking" very broadly. Any physical force, however slight, that removes an obstruction is enough. Pushing open a closed door, opening an unlocked window, or even compelling someone else to open a door through trickery or fear can satisfy the breaking element. "Entering" means crossing any part of the body or an instrument across the threshold.

Armed burglary is the most serious form of the offense. It applies when a person breaks and enters a dwelling house at night, with intent to commit a felony, while armed with a dangerous weapon, or while making an actual assault on a person lawfully inside. Penalties are state prison for life or any term of years not less than 10. If the offender was armed with a firearm, the mandatory minimum sentence increases to 15 years. A subsequent conviction carries a mandatory minimum of 20 years. The sentence cannot be suspended, and probation is not available.

Unarmed burglary covers breaking and entering a dwelling house at night with intent to commit a felony, where the offender is not armed and does not assault anyone. The penalty is up to 20 years in state prison. A defendant previously convicted of any burglary or B&E offense faces a mandatory minimum 5-year sentence on a subsequent conviction.

Section 16 covers breaking and entering at night into a building, ship, vessel, or vehicle (anything other than a dwelling) with intent to commit a felony. The penalty is up to 20 years in state prison or up to 2.5 years in a house of correction. This is a felony charge.

When the intent at the time of entry was to commit a misdemeanor (such as simple assault or malicious destruction under $1,200) rather than a felony, the offense falls under § 16A. This is a misdemeanor punishable by up to 6 months in a house of correction or a fine of up to $200, or both. The intent at the moment of entry is what matters: if a defendant entered intending only a minor offense, the case may be properly resolved under § 16A even if more serious conduct followed.

Section 17 covers two distinct factual scenarios that share the same penalties. First, entering a building, ship, vessel, or vehicle at night without breaking, with intent to commit a felony. Second, breaking and entering a building, ship, vessel, or vehicle in the daytime, with intent to commit a felony, when a person lawfully inside is put in fear. The penalty under § 17 is up to 10 years in state prison or up to 2 years in jail. If the offender was armed with a dangerous weapon, the law imposes mandatory minimum penalties.

Section 18 covers breaking and entering a building, ship, vessel, or vehicle in the daytime with intent to commit a felony, when no person was lawfully inside or no person was put in fear. It also covers entering a dwelling house at night without breaking, with intent to commit a felony, when no person inside was put in fear. The penalty is up to 10 years in state prison or up to 2.5 years in a house of correction. This is a felony.

Section 18A covers entering a dwelling house by false pretenses, without breaking, with intent to commit a felony. This often arises in cases involving fake utility workers, fake delivery personnel, or anyone who gains entry by deception rather than force. The penalty is up to 10 years in state prison or up to 2 years in jail. If the entry results in larceny inside the dwelling, the maximum penalty rises to 20 years in state prison.

Section 49 makes it a separate offense to make, mend, or possess any tool, implement, or master key adapted or designed to break into a building, room, vault, safe, or motor vehicle, with intent to commit a crime. This is a felony punishable by up to 10 years in state prison or up to 2.5 years in jail and a fine of up to $1,000. Possession of burglarious tools is often charged alongside an actual B&E offense, and many defenses focus on the intent element since common tools can be entirely lawful to possess for legitimate purposes.

Trespass under M.G.L. c. 266, § 120 is a separate, far less serious offense. The key difference is intent. Trespass requires only that a person enter or remain on another's property after being told not to. Breaking and entering requires intent to commit another crime upon entry. When the prosecution cannot prove the defendant entered with intent to commit a felony or misdemeanor, the case may be reducible to trespass with significantly less serious consequences.

We know you are already worried about what comes next, especially because the burglary and B&E statutes carry some of the steepest sentences in Massachusetts criminal law. The exact consequences depend entirely on which subsection has been charged.

Upon conviction for armed burglary under § 14, Massachusetts law imposes a mandatory minimum 10-year state prison sentence, increased to 15 years if a firearm was involved and 20 years on a subsequent conviction. The sentence cannot be suspended. For unarmed burglary under § 15, the maximum is 20 years in state prison, with a mandatory minimum 5 years upon conviction for a defendant with a prior burglary or B&E conviction. Section 16 carries up to 20 years in state prison or 2.5 years in a house of correction. Sections 17 and 18 carry up to 10 years in state prison. Section 18A daytime false-pretenses entries can carry up to 10 years, or 20 years if larceny was committed inside. Section 16A misdemeanor B&E carries up to 6 months in a house of correction or a fine of up to $200.

Beyond direct sentencing, B&E and burglary convictions carry collateral consequences that affect the rest of a person's life. Felony classification affects employment in any job requiring a CORI background check, especially in healthcare, education, finance, government, and security. Professional licenses can be suspended or revoked. Immigration consequences can include deportation for non-citizens because B&E offenses are often classified as crimes involving moral turpitude or aggravated felonies. Housing applications, student loans, and educational opportunities can all be affected.

A charge is not a conviction. Many B&E and burglary cases turn on disputed questions of intent (what the defendant actually intended to do upon entering), identity (whether the defendant was the person who entered), or the time of entry (which determines whether the offense is graded as a more serious or less serious form). Each of these elements has to be proved beyond a reasonable doubt, and the proof is often circumstantial.

Right now this may feel like there are no good options, especially with the harsh penalty exposure on these charges. There are. B&E and burglary cases have many points of attack, and the prosecution's burden is high on each element. Possible defenses include:

‍Lack of intent to commit a crime upon entry. This is often the strongest defense. The Commonwealth must prove the defendant intended to commit a specific crime at the moment of entry, not merely after entering. Without proof of that specific intent, the case may be reducible to trespass.

‍Mistaken identification. Many B&E and burglary cases turn on identification by witnesses, surveillance footage, or partial evidence. Identification evidence is well known to be unreliable, especially in stressful and brief observations.

‍No "breaking" occurred. For charges requiring a breaking, entry through an open door or window without any physical force may not satisfy the breaking element, depending on the circumstances.

‍Authorized or invited entry. If the defendant had permission to be on the property, even if the permission was later disputed or limited, there may be no unlawful entry.

‍Time-of-day disputes. The grading of these offenses turns on whether the entry occurred during the night (one hour after sunset to one hour before sunrise) or during the daytime. If the Commonwealth cannot prove a nighttime entry, the case may drop to a less serious charge.

‍No person was put in fear. For § 17 daytime B&E charges based on putting a person in fear, if no person was actually placed in fear, the case may drop to § 18.

‍Charge reduction strategies. Many cases can be reduced from felony to misdemeanor (such as § 16A), or to lesser-included offenses (such as trespass), based on what the evidence actually supports.

‍Constitutional violations. Stops, searches, and seizures must comply with the Fourth Amendment. Evidence obtained through an unlawful search may be suppressed, often dismantling the prosecution's case.

Every case is different. Call (978) 705-4537 to discuss your situation and your options.

If you have just been arrested, released, or received a summons, take a breath. Here is what you need to do right now.

● Don't talk to police without a lawyer present, even to explain your purpose for being on the property
● Don't discuss your case with anyone except your attorney
● Don't contact the alleged victim or anyone connected to the property
● Don't return to the location even if you have personal belongings there
● Preserve any evidence including text messages, communications about access to the property, photos, receipts, and documentation of your whereabouts
● Write down everything you remember about your purpose, the timing, who you were with, and what you said and did, while it is still fresh
● Don't post anything about your case, the property, or the people involved on social media
● Follow all court orders including any stay-away orders or conditions of release
● Contact an experienced Massachusetts criminal defense attorney as soon as possible If you have just been arrested, released, or received a summons, take a breath. Here is what you need to do right now.

‍Call (978) 705-4537 for a free consultation 24/7.

Acting quickly gives your attorney the best chance to investigate, identify witnesses, preserve surveillance footage before it is overwritten, and develop the strongest possible defense.