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B&E in house- Boston

Submitted by momoftwo on Sat, 02/12/2011 - 22:54
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my exboyfriend gained access into my home at night by forcing a locked side door open with a screwdriver. i was home at the time and confronted him when i noticed him standing with the screwdriver in hand. Fled before cops arrived, but he was still charged with B&E. What punishment can be expected?

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Breaking and entering in MA

Submitted by The Editor on Mon, 02/14/2011 - 09:43.

Sorry you had to experience that.  It sounds very frightening.  There are several crimes your ex could be charged with, depending on the circumstances surrounding the event and his intent.  Massachusetts General Laws chapter 266 spells out many of the possibilities.  The charges will be different, and the punishment will vary, depending on such factors (among others) as whether he entered at night or during the day, whether the screwdriver is considered a weapon, and whether he intended to commit a felony after gaining entry. 

In this post, dealing with breaking without entering, Attorney Kevin Gaughen, Jr. explains that, even after you know what a person is charged with, the actual sentence will depend on a number of factors, including your ex's prior record, facts and circumstances of the crime as well as the victims feelings on sentencing.  Hope that helps.

 

Breaking and Entering in MA

Submitted by kevingaughenjr@... on Mon, 02/14/2011 - 09:59.

In addition to the factors mentioned by the editor, the Court and the DA will be very interested in the history of your relationship including what, if any, restraining orders were in effect at the time of the crime and what, if any, prior allegations of violence there have been. If he violated a restraining order by breaking into your home the DA will most likely move to hold him in jail, without bail, for 90 days because he poses a danger to the community. The DA will also have a victims advocate to answer additional questions you may have. You can contact him or her by calling the district attorney's office.
 
Attorney Kevin Gaughen, Jr.
 
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

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