Breaking and Entering in the Nighttime for Felony

Breaking and Entering in the Nighttime for Felony is punishable by Massachusetts General Laws Chapter 266, Section 16, by imprisonment in state prison for up to 20 years, or in the House of Corrections for up to 2.5 years.

The crime of Breaking and Entering in the Nighttime for Felony is proven in Massachusetts if the prosecutor establishes:

1. That the defendant broke into a building belonging to another person;
2. That the defendant entered that building;
3. With the intent to commit a felony therein; and
4. This event took place during the nighttime.

"Breaking" is defined as exerting physical force, even slight, to forcibly remove an object in order to gain entry.  Obvious examples might include breaking a window or forcing a door open, but opening an unlocked door or going through an open window is also considered a breaking.

Additionally, Massachusetts law states that "night time" begins one hour after sunset and ends one hour before sunrise the next day, measured according to the average time at the time of year and in the place where the crime was committed.

If you have been charged with the crime of Breaking and Entering in the Nighttime to Commit a Felony or similar Theft Crime, you should immediately consult with an experienced Massachusetts Criminal Defense Attorney who can explain and best protect your legal rights.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending against the crime of Breaking and Entering, and is available 24/7.  To schedule a Free Consultation, Contact Us Online or call 617-325-9500.