Facing Breaking and Entering Charges in Massachusetts? Our Criminal Defense Attorney Is Prepared to Stand Up for You
If you’ve been charged with Breaking and entering in Massachusetts, it’s critical to act quickly and choose experienced legal representation. At the Law Office of Matthew W. Peterson, our criminal defense law firm is focused on defending clients charged with theft and property crime, including Breaking and Entering. With offices located in both Boston and Salem, we provide local access to individuals throughout Suffolk, Essex, Middlesex, and Norfolk Counties. Whether you were arrested in Boston, Brighton, West Roxbury, Chelsea, Salem, Lynn, Swampscott, Peabody, Saugus, Cambridge, Somerville, Newton, Brookline, Dedham, or Quincy, we understand the challenges you face and are ready to build a strong defense on your behalf.
Our legal team includes a former prosecutor who brings valuable insight into how the Commonwealth builds its case. That experience allows our aggressive criminal defense attorneys to anticipate prosecutorial strategies and prepare thoroughly to protect your rights. We don’t treat you like a case number—your future is our priority. From arraignment to trial, we stand by your side and fight for the best possible outcome.
What Is Breaking and Entering in Massachusetts?
Under Massachusetts General Laws Chapter 266, Section 16, Breaking and Entering involves entering a building, ship, or vehicle with the intent to commit a felony. The Commonwealth must prove that there was an unauthorized entry and that the individual intended to commit a crime inside. The law distinguishes between daytime and nighttime entries, with nighttime Breaking and Entering carrying more severe penalties.
According to Massachusetts law (Massachusetts General Laws c.266 §16), a person convicted of breaking and entering with intent to commit a felony during the nighttime can face up to 20 years in state prison, or up to 2.5 years in a house of correction. If the offense was committed during the daytime, penalties may still include imprisonment or significant fines, depending on the circumstances.
The law also addresses breaking and entering with intent to commit a misdemeanor, under Chapter 266, Section 18A. Even this lower-tier offense can result in jail time, probation, and a permanent criminal record.
A Strategic Defense from an Aggressive Criminal Defense Attorney
Being accused of Breaking and Entering does not automatically mean you are guilty. At our criminal defense law firm, we explore every angle of your case and look for opportunities to challenge the evidence and question the assumptions of law enforcement and prosecutors.
Our team includes a former prosecutor, giving us a tactical advantage in understanding how the other side builds cases. That perspective helps us anticipate their strategies and build our defense accordingly. Whether it’s filing motions to suppress unlawfully obtained evidence or identifying procedural errors, we leave no stone unturned.
We also understand that not all cases should go to trial. If a favorable resolution through negotiation is in your best interest, we are prepared to pursue that. However, if your rights must be defended in court, we are aggressive, skilled litigators who are not afraid to take your case to trial.
What Makes Breaking and Entering Charges Complex?
Breaking and Entering is not always straightforward. In many cases, individuals are charged even if no physical damage occurred or nothing was stolen. Common misunderstandings—such as entering a property mistakenly or being on premises with permission—can still result in criminal charges if law enforcement misinterprets the situation.
The prosecution must prove:
- You unlawfully entered a property
- There was a breaking (physical force not required; even opening an unlocked door may count)
- You intended to commit a felony once inside
An experienced criminal defense attorney from our team will analyze all evidence, from surveillance footage to witness statements, and work to dismantle the prosecution’s assumptions. We take your case personally because we know how life-changing a conviction can be.
Why Breaking and Entering Charges Require Immediate Action
A charge like Breaking and Entering is not simply a misunderstanding—it’s a serious criminal offense that can impact your record, employment, housing, and immigration status. Even if no property was taken or no one was hurt, the intent to commit a felony or misdemeanor is what makes this a chargeable offense.
Prosecutors may attempt to push for the harshest penalties, especially if the alleged offense occurred at night or involved a home. That’s why having a skilled Massachusetts criminal defense attorney who understands how to challenge intent, entry, or identification is critical. At our criminal defense law firm, we examine every detail of the case, including whether the entry was actually unlawful or whether there was any probable cause to make the arrest.
What Sets Our Defense Strategy Apart
At the Law Office of Matthew W. Peterson, we believe every case deserves careful attention and a tailored defense. We take the time to understand the unique circumstances of your situation and develop a strategy that focuses on your goals. From the outset, we look for legal and factual weaknesses in the prosecution’s case—such as lack of evidence, flawed identification, or procedural errors.
Our team is skilled at filing motions that challenge improper searches or arrests and pushing back on charges that don’t hold up under scrutiny. When negotiation is appropriate, we pursue favorable outcomes that avoid the harshest penalties. And when a trial becomes necessary, we are fully prepared to defend your rights in court with a clear and confident strategy.
What truly sets us apart is our commitment to personal attention. You’re not just another case—we stay in close communication, explain every step of the process, and work with you to make informed decisions about your future.
Local Representation Where You Need It Most
The Law Office of Matthew W. Peterson serves clients across a wide range of Massachusetts communities. If you’re in Boston, Brighton, West Roxbury, Chelsea (Suffolk County), or Salem, Lynn, Swampscott, Peabody, or Saugus (Essex County)—we are here and ready to help. Our presence in both Boston and Salem means we are easily accessible and know the court systems in these areas well.
We also serve surrounding cities and towns, including Cambridge, Somerville, Newton (Middlesex County), Brookline, Dedham, and Quincy (Norfolk County). No matter where you’re located in eastern Massachusetts, our team is ready to represent you with the strength, focus, and local knowledge your case deserves.
Don’t Wait—Take Control of Your Defense Now
A Breaking and Entering charge can have serious and lasting consequences, but you don’t have to navigate the legal process alone. The Law Office of Matthew W. Peterson provides knowledgeable, strategic representation for individuals facing these charges across Massachusetts. With experience on both sides of the courtroom, our team understands how to approach your case effectively.
We take the time to understand your situation, explain your legal options, and prepare a strong defense tailored to your needs. Whether your case involves a felony or misdemeanor, we work hard to pursue the best possible outcome. Contact us today to schedule a strategy session with a criminal defense attorney and start building your defense plan.
Frequently Asked Questions
What is the penalty for Breaking and Entering in Massachusetts?
The penalty can include up to 20 years in state prison for nighttime Breaking and Entering with intent to commit a felony, or up to 2.5 years in a house of correction, depending on the circumstances and whether it was a felony or misdemeanor.
Can Breaking and Entering be charged even if nothing was stolen?
Yes. In Massachusetts, the charge is based on unlawful entry with intent to commit a crime, not on whether anything was actually taken.
Will a Breaking and Entering charge stay on my record?
A conviction will appear on your CORI (Criminal Offender Record Information) and can affect employment, housing, and more. Depending on the outcome, you may be eligible for sealing or expungement in the future.
Is Breaking and Entering a felony in Massachusetts?
It can be. Breaking and Entering with the intent to commit a felony, especially at night, is considered a felony offense. However, entering with the intent to commit a misdemeanor is generally a misdemeanor offense.
How can a defense attorney help with my Breaking and Entering charge?
A skilled defense attorney will evaluate the prosecution’s evidence, file appropriate legal motions, negotiate possible plea agreements, and represent you at trial if necessary. Their goal is to protect your rights and pursue the best resolution available.