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Breaking and Entering

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.


We are happy to answer any questions you may have, please call The Fernandez Firm anytime.

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We are a full-service law firm that successfully represents clients throughout all of Massachusetts in matters from criminal defense to personal injury.