Breaking and Entering in the Daytime

The crime of Breaking and Entering in the Daytime is the felony crime of breaking and entering in the daytime with the intent to commit a felony without putting anyone within in fear.

Breaking and Entering in the Daytime is a felony punishable pursuant to Massachusetts General Laws Chapter 266, Section 18, by imprisonment in state prison for up to 10 years or to the House of Corrections for up to 2 years. If, however, a firearm or assault weapon was used in the commission of this crime, the punishment is enhanced to provide for imprisonment in state prison for not less than 5 years, or to the House of Corrections for up to 2.5 years.

In Massachusetts, the crime of Breaking and Entering in they Daytime is proven, beyond a reasonable, if the prosecutor demonstrates that:
  1. The defendant broke into a building belonging to another, in the daytime;
  2. The defendant entered the building belonging to another;
  3. The defendant did so with the intent to commit a felony in that building; and
  4. That defendant committed the act(s) in the daytime.
“Breaking” is defined as exerting physical force, even slight physical force, and forcibly removing an obstruction and gaining entry. Obvious examples include breaking a window or forcing open a door or window. However, opening a closed door, even if unlocked, or going through an open window, is also considered a breaking

If you have been charged with the crime of Breaking and Entering in the Daytime, 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 experience in defending persons accused of Theft Crimes, and is available 24/7. To schedule a Free Consultation, Contact Us Online or call 617-325-9500.

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