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Breaking and Entering

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Breaking and Entering

Breaking and Entering consists of the unlawful entry into a building, ship or vehicle with the intent to commit a felony such as theft. A slight force is all that is needed to gain entry, removing an obstruction to gain entry is considered a “breaking” to enter. Entering through an open window or door is enough.

Breaking and Entering in the daytime can carry up to a 2 year sentence if the case remains in the district court and up to 10 years in state prison if brought up to superior court. It is the Commonwealth who decides whether to indict someone which takes the case to superior court. Factors usually considered on whether the case should be indicted are a suspect’s prior criminal record and whether violence or a weapon was used to commit the offense. If a firearm is used in the offense the sentence range is increased to 2.5 years in the district court or if indicted to superior a 5-year mandatory minimum sentence applies.

Breaking and Entering in the nighttime is the same offense but done at night.It can carry a sentence of up to 20 years in prison. A mandatory minimum sentence applies if a weapon is used.

Massachusetts prosecutes these types of crimes vigorously and you need an experienced Massachusetts criminal lawyer who knows how to defend against breaking and entering charges.

We provide the best representation possible from the initial police investigation through parole hearings if convicted and sentenced to jail. We will help you in all the different stages:

  1. Initial investigation
  2. Extradition
  3. Arrest
  4. Grand jury indictment
  5. Charging
  6. Bail hearing
  7. Arraignment
  8. Plea negotiations
  9. Trial
  10. Verdict
  11. Pre-sentencing investigation and reports
  12. Post-conviction appeals, writs, and motions
  13. Probation
  14. Jail or prison
  15. Parole

We are very aware of the effects a conviction may have on seeking future employment or one’s immigration status if not a U.S. Citizen. We do everything in our power to get the best result possible to protect your criminal record and any negative consequences that can come from these types of charges.

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Thank you Frank Fernandez for your help with my case. You were very patient and knowledgable. Will certainly be recommending him to anyone in need.
Katherine Stevens
Katherine Stevens
12:25 25 Jun 19
Probably one of the best lawyers in the area. He’s considering all the nuances of a case and It’s clearly seen he’s fighting for the best possible result. Some people thing a success is a matter of luck, but i know it’s a result of patience and hard work that Mr Fernandez does provide by his job.
Russell Glaz
Russell Glaz
16:27 15 Feb 19
If you find yourself needing a lawyer, Frank is your guy. Right from the very first phone call (which he answered, not a call center) he made me feel comfortable and gave me great advice. He was very professional, did a great job explaining everything to me, and really listened to what I had to say (which helped me calm down in a stressful situation). Very happy I chose to work with Frank, he made a tough situation the easiest it could be. Also - added bonus for some - he's fluent in Spanish! Thanks again Frank.
Meg Gaff
Meg Gaff
19:46 17 Dec 18
I would 100% recommend The Fernandez Firm to anyone looking for a Boston lawyer. Frank is kind and patient, really making things go smoothly when you need them to most. Thanks to The Fernandez Firm for all your help, i highly recommend your services.
Evan Matthews
Evan Matthews
16:55 13 Jul 18
I needed a criminal lawyer here in Boston, and needed one quickly. After doing something stupid that would have costed me my scholarship, I called The Fernandez Firm and got legal advice from Mr. Fernandez. I was so worried at first but after talking to Mr. Fernandez I felt so much better and knew it could be dealt with properly. Thanks for taking the time to figure out my case exactly.
Alex Dueckson
Alex Dueckson
21:41 10 Jul 18
I needed discretion and someone professional to take care of things quickly and quietly. Attorney Frank Fernandez did exactly that. Thanks for taking my case and helping me get my life back.
Evelyne Ivy
Evelyne Ivy
01:31 03 Jun 18
What a relief. That's all I have to say! Almost speechless with how happy I am that Frank Fernandez is the boston lawyer that I ended up calling. I was in a jam, googled for a lawyer and up came Frank Fernandez. Right away I knew I had made the right decision. He is such a friendly and personable guy, he really put me at ease with everything that was going on. I will certainly be returning to Frank for any legal needs I have. And even more so recommend him to anyone in Boston who needs a lawyer. Thanks again Frank Fernandez, I owe you big time.
Tricia Kendall
Tricia Kendall
21:56 02 Jun 18
Oh my God, how and where do I start from?Infact Attorney Frank Fernandez is just an amazing human being, strictly professional with a lot of sympathy for me as his Client.He gave me his cell phone number before even accepting to take the case. He spoke to me in a very pleasant manner and took care of my case within hours. His Fees was the lowest that I was quoted and after resolving my case he returned my unused balance of funds back to me.I sincerely thank and appreciate God for leading me to such a wonderful kind hearted Attorney like Barrister Fernandez.Thanks so much Sir, I really really really appreciate all your help, God bless you sir.My prayers for you is that God will send you plenty of cases and good & adequate help to keep you flying high in your profession.Remain blessed Sir, I appreciate you.
martin o
martin o
17:57 21 May 18

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Would you like to speak to one of our law advisers over the phone? Just submit your details and we’ll be in touch shortly. You can also email us if you would prefer.

Would you like to speak to one of our law advisers over the phone? Just submit your details and we’ll be in touch shortly. You can also email us if you would prefer.