Submitted by Heller on Tue, 01/25/2011 - 08:56
My buddy walked into a neighbors apartment (the guy who owns the house was at a party at my buddy's house!) and took the guys video camera. He claims he was just taking it to use at the party and was going to give it back and all that but he got busted anyway. So I'm wondering what kind of prison time he could be looking at. He was charged with breaking without entering at night instead of breaking and entering because the door was open. Any idea?
Breaking and entering in MA
Entering without breaking is a felony punishable by state prison not more than 10 years pursuant to section 17 of chapter 266 of the MGL. The sentence imposed can be no more than 2 1/2 years in jail if the matter is not indicted, or transferred, to the superior court. The actual sentence will depend on a number of factors, including your buddies prior record, facts and circumstances of the crime as well as the victims feelings on sentencing. There may be a number of defenses a competent defense attorney will be able to assert on his behalf.
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.