Quincy Burglary Attorney
When a person enters any type of location, such as a home or an office building and that person does not have permission to enter and he has the intent of committing a crime, he can be charged with burglary. Further, if the person does not physically break into the location but, for example, enters through an unlocked door, he can still be accused of burglary.
The person does not actually have to commit another crime, such as theft, while in the location; he can still be charged with burglary if the above circumstances prevail. This basic definition of burglary in Massachusetts's courts also has variations, which expand this definition in the form of statutory modifications.
For example, these variations can include breaking and entering into any building, not just dwellings, or even a vehicle. Or it can include entering a location at any time of the day, not just nighttime, but with the intent to commit a felony. (It does not, however, include as unlawful the entering of a building during the daytime if there was no break in.)
A charge of burglary can become a more serious charge of home invasion if the person enters the home of another person, and the person entering knows, or has reason to believe, another person is in the home. Further, the person entering has a dangerous weapon and uses force, or threatens to use force upon the person in the dwelling.
Whether the charge is burglary or home invasion, you need the talent, insight and dedication of a Weymouth criminal defense lawyer to make the most of your defense.
Burglary - Felony or Misdemeanor?
Burglary is determined by the courts to be either a misdemeanor or a felony. There are different factors involved that affect this outcome. Time of day is one. Another is the type of building that was entered. If any property was stolen, the value of it is a significant consideration, as well as whether any person was injured in the process of the burglary.
When taking into consideration all the facts surrounding a burglary charge, a conviction and sentence can be as light as probation and as heavy as 20 years to life in prison. It should be noted that when a burglary case is being prosecuted, the prosecutor only has to prove that the person entered the location with intent to commit a crime. He does not have to prove that the person actually committed the crime.
Most often, the crime in question is larceny, which is the crime of physically taking possession of another's property without permission and intending to permanently deprive the owner of his property. If the value is over $250, the crime of larceny is a felony.
There is also the issue or armed and unarmed burglary. For unarmed burglary, the sentence can be up to 20 years, and if there was an earlier conviction, the sentence will be a mandatory minimum of five years. This applies to both unarmed and armed burglary. The more serious crime of armed burglary has lengthier sentences.
If the weapon is a knife or some kind of blunt instrument, the minimum prison term is 10 years. If the weapon is any type of firearm, the minimum sentence is 15 years. And if the person has a previous conviction of armed or unarmed burglary, the minimum prison sentence is 20 years.
Get Committed Defense on Your Side
If you are charged with the crime of burglary, you need our law firm, Flanagan and Associates, to defend you. This is a serious crime, and if convicted, will reflect badly on your record. Our attorney will not only be a stable and supportive point of contact for you during such a stressful and frightening time, he will help you pursue the most favorable possible outcome.
Our Quincy criminal attorney approaches each and every case as unique and leaves no stone unturned in using every tool available to defend you. Contact our office today to learn more!
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“Dave and his team are the best. When it comes to people you want in your corner during the hardest times, they are exactly that.”- Joe