Massachusetts Burglary by Breaking and Entering
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FAQ
Burglary ? Penal Code 459 Although using force or fraud to gain entry into someone else's property with such intent is considered burglary, forced entry is not required in order to be charged with or convicted of burglary.
Breaking and entering is defined as the entering of a building through force without authorization. The slightest force including pushing open a door is all that is necessary.
In order to prove you guilty, the Commonwealth must prove, beyond a reasonable doubt, that: You broke into a location/property (such as a vehicle) that belonged to another person; That you entered that location/property; That you did so with the intent to commit a misdemeanor or felony; and.
Whoever knowingly enters the dwelling place of another knowing or having reason to know that one or more persons are present within or knowingly enters the dwelling place of another and remains in such dwelling place knowing or having reason to know that one or more persons are present within while armed with a ...
As long as there is the intent to commit a crime, it can constitute burglary. There is no breaking and entering requirement. The offender may trespass through an open door. This is different from robbery, which involves the use of force or fear to obtain another person's property.
The ?break and enter? element does not require forcible entry. Illegal entry or trespass through an open door or window meets this requirement. By law, a burglary indictment must state which particular crime was attempted or committed.
The common law definition of burglary is the breaking and entering of someone else's dwelling at night with the intent to commit a felony therein. For the entry element to be satisfied, there must be either actual or constructive entry into the dwelling.
Breaking and Entering at nighttime or daytime with intent to commit a misdemeanor is a misdemeanor offense punishable by up to 6 months in jail. Entering without breaking at nighttime, and Breaking and Entering during the daytime with intent to commit a felony are both punishable by up to ten years in state prison.
