Breaking and Entering / Burglary Defense Attorney in Massachusetts
The Law Office of Nicholas P. Frye, P.C. provides dedicated and personalized criminal defense legal representation for clients in the Commonwealth of Massachusetts and the State of New Hampshire, in both State and Federal courts.
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In Massachusetts, Breaking and Entering at Nighttime with Intent to Commit a Felony — commonly referred to as burglary — is a serious felony offense punishable by up to 20 years in state prison.
These cases often turn on highly technical legal definitions, including what qualifies as “breaking,” what constitutes “entry,” and whether the Commonwealth can prove intent to commit a felony at the time of entry.
Do Not Go to Court Without Legal Representation
If you are accused of burglary or any related breaking and entering offense, do not speak with law enforcement without an attorney present.
Statements made to police are often used to establish intent — which is typically the most contested element in these cases. Early legal representation allows your attorney to examine the evidence, challenge the prosecution’s theory, and protect your constitutional rights.
What the Commonwealth Must Prove (MGL c. 266)
To convict you of Breaking and Entering at Nighttime with Intent to Commit a Felony, the prosecution must prove beyond a reasonable doubt that you:
- Broke into a building, ship, vessel, or vehicle belonging to another;
- Entered that property;
- Did so at nighttime; and
- Had the intent to commit a felony inside.
Under Massachusetts law:
- “Breaking” does not require force. Even slightly opening an unlocked door or window may satisfy this element.
- “Entry” does not require full bodily entry; inserting a hand or tool may be sufficient.
- “Nighttime” is defined as one hour after sunset until one hour before sunrise.
The intent to commit a felony is often the most disputed issue. If the entry occurred for another reason — such as seeking shelter — the facts may support trespassing rather than burglary, which carries significantly lesser penalties.
Other Related Offenses and Penalties
Breaking and Entering (Daytime or Nighttime) with Intent to Commit a Misdemeanor
- Misdemeanor offense
- Up to 6 months in jail
Breaking and Entering (Daytime) or Entering Without Breaking (Nighttime) with Intent to Commit a Felony
- Up to 10 years in state prison
Armed Breaking and Entering
- If armed with a firearm, mandatory minimum 5-year state prison sentence
Entering by False Pretenses
- Up to 10 years in state prison and a $5,000 fine
Possession of Burglarious Tools
- Up to 10 years in state prison and a $1,000 fine
- The Commonwealth must prove both that the tools were designed for breaking and entering and that you intended to use them for that purpose.
Penalties and Consequences
Burglary and related offenses carry severe penalties, including lengthy state prison exposure and permanent felony records. A conviction can also impact employment opportunities, housing applications, professional licensing, and immigration status.
Because many burglary-related charges carry potential state prison sentences, early and aggressive defense is essential.
The Importance of Immediate Legal Action
Breaking and entering cases often hinge on intent, identification, and the interpretation of circumstantial evidence. A strong defense may involve challenging surveillance footage, disputing identification procedures, suppressing unlawfully obtained evidence, or demonstrating that the alleged intent to commit a felony was never present.
At The Law Office of Nicholas P. Frye, we aggressively analyze every element of the Commonwealth’s case, investigate alternative explanations, and challenge any violations of your constitutional rights. Our goal is to protect your freedom, your record, and your future.
