Massachusetts General Laws describe burglary as the act of breaking and entering into a house at night with the intention to commit a felony. This may or may not involve assaulting the rightful occupants. When this crime occurs during the day, it is breaking and entering and does not qualify as burglary. The nighttime element of burglary, although already jettisoned by many other states, is still in force in Massachusetts - and Middlesex County.
Burglary may be armed or unarmed. Armed burglary is the possession of a weapon of force while committing the crime. Unarmed burglary, on the other hand, involves breaking and entering into a property with an intention to commit a crime neither bearing a weapon, nor arming oneself in the house broken and entered into, nor assaulting lawful occupants of the house.
According to statistics by the National Incident-Based Reporting System (NIBRS) 2019, Middlesex County recorded 1,820 cases of burglary and breaking-and-entering across 50 cities.
In February 2019, Middlesex County District Attorney’s Office announced the arrest of Jargle Soto-Suazo, accused of being responsible for around 19 house burgling incidents across Medford, Brookline, Quincy, and Watertown.
While robbery and burglary are classified as property crimes in Middlesex County, they are defined differently under the law. The three key elements which qualify an offense as burglary are not required for a robbery crime. They are:
Robbery crimes do not necessarily involve breaking into another person’s property or any of the other elements listed above. Robbery is defined under the law as stealing, obtaining by pretense, hiding, and/or converting another person’s property for personal use. Robbery may also be armed or unarmed.
Experienced Criminal Defense lawyers may successfully defend a burglary charge by carefully considering the facts and circumstances of the crime and raising arguments in the accused’s defense that may include,
Crimes generally are of varying degrees, such as first degree, second degree, third-degree crimes, etc.
Under Massachusetts Laws, burglary crime is categorized based on whether the crime involved the carrying or use of a dangerous weapon or firearm.
Residential burglary is so described when a crime occurs in a dwelling house or property. Commercial burglary may occur on a property such as a ship, warehouses, or other non-residential property. Breaking and entering committed on property including nonresidential property is punishable under the Massachusetts General Laws and both successful and attempted burglaries are punishable.