Entry of Dwelling House at Night

Massachusetts General Laws Chapter 266, Section 18, proscribes the criminal punishment for Entering a Dwelling House at Night 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 the 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.

The criminal offense of Entry of Dwelling House at Night is proven by the prosecutor, beyond a reasonable doubt, if he demonstrates that:
  1. That the premises were not the dwelling house of the defendant;
  2. That the defendant entered the dwelling house;
  3. That the defendant had the intent to commit a felony therein; and
  4. That these events took place in the nighttime.
Under Massachusetts law, ‘dwelling houses’ include apartments, tenements, hotels, boarding houses, dormitories or other buildings where persons live. The prosecutor must also prove that the defendant had no right of habitation or occupancy in the dwelling at the time of entry.

If you have been charged with the crime of Entry of Dwelling House at Night, you should immediately consult with an experienced Massachusetts Criminal Defense Attorney.

Boston Criminal Lawyer Lefteris K. Travayiakis has experience in defending persons accused of Theft Crimes and Crimes of Violence, and is available 24/7. To schedule a Free Consultation, Contact Us Online or call 617-325-9500.

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