Massachusetts Criminal Defense Attorney Blog
While the Reverend was on the pulpit delivering her sermon she became the victim of a recent string of larcenies. A savvy thief took advantage of an empty office. As the parishioners worshiped he broke in securing the keys to the reverend’s car that resulted in the theft of her pocketbook, car keys and ultimately her car. According to reports, at least eight churches in the Quincy area have been hit in the past month.
If the suspect is caught he could be charged with a number of offenses including breaking and entering, larceny of the pocketbook and larceny of a motor vehicle. In order to prevail on the breaking and entering charge the Government must prove that there was a breaking and entering. If you or someone you know is charged with this offense it is imperative that you contact a Boston criminal attorney to defend against this charge. Some particularly technical aspects of this offense include that passing through and opened window that is not intended for use as an entranceway could be considered a breaking. However, opening a partly opened window or a partly opened door that is intended to be used in that fashion is not considered an opening. Also, if any part of an individual’s body enters the residence, that is sufficient for the Commonwealth to establish an entry under the statute. It it also imperative that the District Attorney’s office prove that the perpetrator’s intent at the time of entry was to commit a felony. The felony that is routinely charged or inferred is that a defendant intended to steal or “commit a larceny.” Depending on the circumstances, the Commonwealth must prove that the incident occurred in the night time. If the Commonwealth fails to establish the time of the alleged breaking and entering than the defendant could still be convicted for breaking and entering in the day time. See, M.G.L. Chapter 266 Section 16. In order to properly defend against this type of charge it is necessary for an experienced attorney to begin working on the case as soon as possible.
In order for the Commonwealth to prove a larceny of property they must prove beyond a reasonable doubt that the defendant stole the personal property of another with the intent to permanently deprived the owner of the item. IOne approach to successfully defend against this charge is to demonstrate that the perpetrator did not possess the intent to “permanently deprived the owner” of the property at the time of the alleged taking. The charge of larceny can either be a misdemeanor or a felony depending on the value of the property stolen. If the value is over $250.00 then the defendant may face a state prison sentence. If the value of the property is under $250.00 then the defendant may only have the potential of receiving a jail sentence. If you are charged with this crime it is imperative that you contact an experienced criminal defense attorney to successfully defend against this charge.