Massachusetts Laws on Armed Robbery and Burglary

Massachusetts Laws on Armed Robbery and Burglary

Massachusetts has specific laws governing armed robbery and burglary, both of which are considered serious offenses. Understanding these laws can help individuals navigate the legal landscape and comprehend the potential consequences of such crimes.

Armed Robbery in Massachusetts

In Massachusetts, armed robbery is defined under General Laws Chapter 265, Section 17. This crime occurs when an individual takes property from another person by using or threatening the use of a dangerous weapon. The use of a weapon elevates the severity of the crime, resulting in harsher penalties compared to unarmed robbery.

The penalties for armed robbery in Massachusetts can be severe. A guilty party may face:

  • Up to life in prison.
  • A minimum sentence of five years, which cannot be reduced.
  • Substantial fines in addition to imprisonment.

While armed robbery is classified as a felony, the specific circumstances of the crime can significantly influence the sentence. Factors such as previous criminal history, the nature of the weapon used, and whether the crime resulted in injury can lead to enhanced penalties.

Burglaries in Massachusetts

Burglaries in Massachusetts are primarily addressed under General Laws Chapter 266, Section 15. This law defines burglary as entering a building or structure with the intent to commit a crime inside. The punishment for burglary depends on whether the building was a dwelling (home) or a commercial property.

There are two main categories of burglary:

  • First-Degree Burglary: This involves entering a dwelling at night with the intent to commit a crime. It is categorized as a felony and can result in:
    • Up to 20 years in prison.
    • Substantial fines.
  • Second-Degree Burglary: This occurs when a person enters a building with the intent to commit a crime but without the additional circumstances that elevate it to first-degree burglary (e.g., entering a business during the day). Penalties can include:
    • Up to 10 years in prison.
    • Fines imposed by the court.

Defenses Against Armed Robbery and Burglary Charges

Individuals charged with armed robbery or burglary have various potential defenses. Common defenses may include:

  • Lack of intent: Demonstrating that the accused did not have the intention to commit a crime.
  • Alibi: Providing evidence that the accused was not present at the scene of the crime.
  • Consent: Arguing that the property owner had given permission to be present in the property.

Legal representation is crucial for navigating these charges, as skilled attorneys can provide guidance tailored to specific cases.

Conclusion

Massachusetts laws regarding armed robbery and burglary are strict and carry significant penalties. Understanding the nuances of these laws and the available defenses can help individuals make informed decisions if they are involved in such legal matters. Anyone facing charges should seek knowledgeable legal counsel to ensure their rights are effectively represented.