Massachusetts Criminal Defense Attorney Blog
The Lawrence Eagle Tribune reports that the police arrested four Lawrence teenagers and charged them with a number of property offenses after the stolen car they were driving was located using a LoJack tracking device. After finding the stolen car, the police determined that the local youths stole the car, a license plate and a battery from another car before leaving the tow lot located at 24 Medford Street, Lawrence, MA.
According to the Tribune, after the police located the car on Smith Street, they monitored it and ultimately recovered more stolen items including a computer tower, keyboard, monitor and an amplifier that was taken from the trunk of another car. The police arrested four teenagers who were all charged with a number of offenses based on their involvement. The charges included breaking and entering in the nighttime with intent to commit a felony, larceny of a motor vehicle, driving without a license, receiving stolen motor vehicle, malicious destruction of property, attaching improper plates, theft of the license plates and unauthorized use of a motor vehicle.
If you, a family member or a friend has been charged with any type of property crime you must contact an experienced criminal defense attorney to work on your case as soon as possible. In order for the Commonwealth to prove breaking and entering with inetnt to commit a felony they must demonstrate that the perpetrator broke and enetered into the property of another in the nighttime with the intent to commit a felony. It is not commonly known that opening a window or a door any further than it was before, in a manner consistent with how it is intended to be used, is not a breaking for the purposes of this crime. However, climbing in an opened window, that is not intended for that use, is considered a breaking. Realtive to the element of proving an entry, generally speaking if any part of an indivual’s body passes the threshold it is considered an entry for the purposes of this crime.
The Commonwealth must prove that the defendant possessed a felonious intent at the time of the entry. This is an area where an experienced defense attorney practicing in Essex, Middlesex, and Suffolk County can attack the Commonwealth’s case. The perpetrator must have an intent to commit a specific felony at the time of the entry. Successfully arguing that the perpetrator did not have an intent to commit a felony but merely the intent to commit a misdemeanor, such as a trespass, will result in a favorable disposition for the defendant.
If you are charged with a felony or misdemeanor call Our Attorney, an experienced Boston area attorney, who will work on your case immediately.