In Massachusetts, breaking and entering during the daytime with the intent to commit a felony is a serious offense under General Laws Chapter 266, Section 18. This crime is distinct from nighttime burglary and carries significant legal consequences. Breaking and entering in the daytime involves unlawfully entering a building, ship, vehicle, or vessel during daylight hours with the intent to commit a felony. Unlike nighttime burglary, this offense does not require that a person inside the premises be put in fear. However, the act of unauthorized entry with criminal intent constitutes a felony offense.
To secure a conviction for this offense, the Commonwealth must prove the following elements beyond a reasonable doubt:
These elements are outlined in the Massachusetts Criminal Model Jury Instructions for G.L. c. 266, § 18.
Under Massachusetts law, a conviction for daytime breaking and entering with intent to commit a felony can result in:
These penalties are specified in G.L. c. 266, § 18.
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If you’re facing charges for breaking and entering in the daytime, immediate action is crucial. Delaying your response can lead to severe consequences, including lengthy imprisonment and a permanent criminal record. Protect your rights and future by seeking legal counsel without delay.
No. Unlike certain burglary charges, this offense does not require that a person be present or put in fear during the unauthorized entry.
Yes. The charge focuses on the intent to commit a felony at the time of entry, regardless of whether any property was taken.
Even entering through an open door can constitute “breaking” if the entry was unauthorized and done with criminal intent.
Yes. Daytime breaking and entering with intent to commit a felony is classified as a felony offense in Massachusetts.
Depending on the circumstances and evidence, charges can sometimes be reduced or dismissed. Legal representation is essential to explore these possibilities.
Experienced Criminal Lawyers Ready to Fight for You
Boston Office
55 Union Street, Suite 400 Boston, MA 02108
617-295-7500
Salem Office
15 Church St, Suite 105 Salem, MA 01970
978-607-0034
Office Hours
Mondays – Fridays
24/7 Support
Saturdays – Sundays
10:00am – 2:00pm
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Disclaimer: Although I am an attorney, I am not your attorney. Please do not rely on anything on our website as legal advice because any specific advice would depend on your situation. Any results posted on this page are not guarantees of outcomes in your case.
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(Cheap parking! We validate parking at 136 Blackstone St, Boston, MA 02109 (Haymarket, Parcel 7 parking garage), $3 for three hours.)
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The Right Strategy to Win Your Criminal Case
Disclaimer: Although I am an attorney, I am not your attorney. Please do not rely on anything on our website as legal advice because any specific advice would depend on your situation. Any results posted on this page are not guarantees of outcomes in your case.
Our Locations
Boston Office
(Cheap parking! We validate parking at 136 Blackstone St, Boston, MA 02108 (Haymarket, Parcel 7 parking garage), $3 for three hours.)
Salem Office
Quick Links