Breaking and Entering is a lesser included offense of the common law felony offense of Burglary. Breaking and Entering (B&E) is defined as the breaking and entering of a structure without permission or consent. Breaking describes gaining access to a structure by force. This may involve breaking and entering through a window, lifting an unlocked window and entering inside, forcing a door open or ajar, opening and entering through an unlocked door without authority or permission, manipulating a locking mechanism, or unlocking a door with a key to which you have no authority or permission to possess. Entering describes crossing over a threshold, whether of a window sill, doorway or otherwise, to gain access inside of a structure.
Breaking and Entering may be committed on a variety of structures. The common law offense related solely to dwelling homes. It has since been by statute include a house, condominium, apartment, business, school, college, church or public land. Unlike the more serious offense of Burglary, Breaking and Entering does not require the intent to commit a felony once inside the targeted structure. This crime may also be committed at any time to include day and/or night. Under Massachusetts criminal law, the crime of Breaking and Entering may be found at Massachusetts General Laws, Chapter 266, Section 16 through Section 18.
Legal Elements of Breaking and Entering
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There are several ways to commit Breaking and Entering in Massachusetts and each way contains its own legal elements. The crime may be committed of a dwelling house or other property, during the daytime or during the nighttime. The specific breaking and entering crime, under Massachusetts criminal law, varies with the circumstances. The include Breaking and Entering in the Daytime with Intent to Commit a Felony, Entering a Dwelling House at Nighttime with Intent to Commit a Felony; and Breaking and Entering in the Nighttime with Intent to Commit a Felony.
A “breaking” is defined as exerting physical force, even slight physical force, to forcibly remove an obstruction in order to go into or onto property. Another definition of breaking is to remove in a significant manner anything that bars the way into a building, ship, motor vehicle or vessel. Examples include breaking a window, forcing open a door or window, or removing a plank from a wall. Other less obvious examples include opening a closed door or window, even if unlocked or going into a property through an open window that is not intended for use as an entrance. However, entering through an unobstructed entrance, such as an open door is not a breaking.
An “entry” is the unlawful making of one’s way into a building, ship, motor vehicle or vessel. Entry occurs if any part of a person’s body, hand or foot, or any instrument or weapon controlled by the person physically enters the building, ship, motor vehicle or vessel. For example, breaking an outer window and reaching inside between the outer and inner windows with one’s hand is an entry.
Breaking and Entering in the Daytime with Intent to Commit a Felony
In order to be found guilty of Breaking and Entering in the Day Time with Intent to Commit a Felony under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant broke into a building, ship, motor vehicle or vessel, belonging to another, in the daytime
- that the defendant entered the building, ship, motor vehicle or vessel belonging to another
- with the intent to commit a felony therein
- during the daytime
Entering a Dwelling House at Night with Intent to Commit a Felony
In order to be found guilty of Entering a Dwelling House at Night with Intent to Commit a Felony under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the premises was not the dwelling house of the defendant
- the defendant entered the dwelling house
- with intent to commit a felony
- during the nighttime
Breaking and Entering in the Nighttime with Intent to Commit a Felony
In order to be found guilty of Breaking and Entering at Nighttime with Intent to Commit a Felony under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant broke into a building, ship, vessel, or vehicle of another person
- that the defendant entered that building, ship, vessel or vehicle
- with the intent to commit a felony therein
- during the nighttime
Examples of Breaking and Entering
Breaking and Entering can be committed against a house, condominium, apartment, business, school, college, church, or public land. Some examples of breaking and entering are as follows:
- Reaching through a car window.
- Lifting up an unlocked window and entering inside a structure.
- Forcing a door or window open or ajar.
- Opening and entering through an unlocked door without authority or permission.
- Manipulating a lock or locking mechanism.
- Unlocking a door with a key you have no authority or permission to possess or use.
Potential Punishment if Convicted of Breaking and Entering in Massachusetts
The potential consequences for Breaking and Entering in the Day Time with Intent to Commit a Felony or Entering a Dwelling House at Night with Intent to Commit a Felony, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 266, Section 18. A defendant convicted of breaking and entering either theory shall be punished by state prison for not more than 20 years or in jail or house of corrections for not more than 2 ½ years. If the defendant commits either of these offenses while armed with a firearm of any kind, he or she shall be punished by state prison for not less than 7 years or in the house of correction for not less than 2 years nor more than 2 ½ years.
The potential consequences for Breaking and Entering at Nighttime with Intent to Commit a Felony, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 266, Section 16. A defendant convicted of under this theory of breaking and entering shall be punished in state prison for not more than 10 years or in jail for not more than 2 years.
If you have been charged with Breaking and Entering and need experienced Massachusetts Defense Attorneys call (508) 213-9113 to schedule a free consultation with the Law Offices of John L. Calcagni III.
