Possession of Burglarious

It is a crime in Massachusetts to possess tools adapted or designed to forcibly break or open a building, vault, room, etc., for the purpose to steal money or property within.

By Massachusetts General Laws Chapter 266, Section 49, the Theft Crime of Possession of Burglarious Tools, is punishable by imprisonment for 2.5 years in the House of Correction, or for up to 10 years in state prison.

In order to prove the crime of Possession of Burglarious Tools, the prosecutor must prove:
  1. That the defendant knowingly possessed a tool or implement;
  2. That such tool could reasonably be used to break into a building, room, vault, safe or place for keeping valuables;
  3. That the defendant knew that the tool could reasonably be used for that purpose; and
  4. That the defendant had the specific intent to use that tool to break into the place for that purpose.
Massachusetts criminal law does not require that the tool be designed specifically for, or usable only for unlawful purposes.  Rather, items that are commonly used for lawful purposes, such as screwdrivers, chisels or kitchen knives, may be considered to be burglarious tools if they can be used in order to break into a place where valuables are kept.

If you have been charged in Massachusetts with the crime of Possession of Burglarious Tools or any other Theft Crime, you should immediately consult with an experienced criminal defense lawyer who can properly defend and protect your rights.

Boston Criminal Lawyer Lefteris K. Travayiakis has successfully defended persons charged with the crime of Possession of Burglarious Tools and other similar Theft Crimes.  To schedule a Free Consultation, Contact Us Online or call 617-325-9500.