Strategic Defense of Theft Crimes
Theft is a crime of moral turpitude. Often times, the moral implications associated with a theft conviction far exceed the legal ramifications. A theft crime leaves a stain on your criminal record. This is visible by employers, housing authorities, credit bureaus, lenders and educational facilities who may deny you service or benefits due to a conviction.
What is Robbery?
In Massachusetts, robbery is defined as the illegal taking of property from another person, or in the person's presence, by violence or intimidation. A person may also be charged with armed robbery, where the robbery is committed with a weapon, or aggravated robbery, where a person inflicts bodily harm on a victim while committing the robbery.
A key issue in many robbery cases is often the identity of the person who committed the alleged robbery. There are very specific procedures that the police and the district attorney's office must follow in attempting to determine who committed the robbery. If the police do not act properly, the evidence gathered may be suppressed, or the charges may be dismissed altogether.
In the event you are charged with robbery in the Boston area, or anywhere in Massachusetts, do not discuss the case with anyone until you have retained an attorney. If you wish to talk to an experienced and professional criminal defense attorney, please call the office of Attorney Steven J. Topazio at 617-245-0218 or 1-866-726-4590 for a free consultation.
What is Burglary?
Traditionally, Courts in Massachusetts have defined burglary as the entering of a dwelling at night with the intent to commit a felony. In modern times, however, the definition of burglary has been expanded to include the breaking and entering into any building (not just a dwelling), at any time (not just at night) with the intent to commit a felony.
Courts will treat burglary as either a misdemeanor or as a felony, depending on the specific case. A number of factors will go into which class of crime it will fit; among these factors are the time of day, whether any person was injured, the type of building entered, and the value of the property stolen. Depending on the specific facts of the case, a person may receive a sentence ranging from probation to jail time.
Attorney Topazio Will Plan Your Defense
Intent and knowledge play a large role in defense against a theft-related crime. For example, you may not even be aware that you are in possession of stolen property until it is too late. Perhaps desperate circumstances pushed you to act irrationally. These circumstances are forgivable in the eyes of the court; however they will not be heard without the assistance of a lawyer.
Have you been charged with robbery, burglary, larceny or receipt of stolen property? Boston criminal defense attorney Steven J. Topazio can mount an aggressive defense. Contact Boston criminal defense attorney Steven J. Topazio.
Armed Robbery; (G.L. c. 265 § 17)
Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years; provided, however, that any person who commits any offence described herein while masked or disguised or while having his features artificially distorted shall, for the first offence be sentenced to imprisonment for not less than five years and for any subsequent offence for not less than ten years. Whoever commits any offense described herein while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years. Any person who commits a subsequent offense while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than 15 years.
Simple Assault; Intent to Rob or Steal; (G.L. c. 265 § 20)
Whoever, not being armed with a dangerous weapon, assaults another with force and violence and with intent to rob or steal shall be punished by imprisonment in the state prison for not more than ten years.
Burglary; Armed; Assault on Occupants; Weapons; (G.L. c. 266 § 14)
Whoever breaks and enters a dwelling house in the night time, with intent to commit a felony, or whoever, after having entered with such intent, breaks such dwelling house in the night time, any person being then lawfully therein, and the offender being armed with a dangerous weapon at the time of such breaking or entry, or so arming himself in such house, or making an actual assault on a person lawfully therein, shall be punished by imprisonment in the state prison for life or for any term of not less than ten years.
Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years. Whoever commits a subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 20 years. The sentence imposed upon a person who, after being convicted of any offence mentioned in this section, commits the like offence, or any other of the offences therein mentioned, shall not be suspended, nor shall he be placed on probation.
Burglary; Unarmed (G.L. c. 266 § 15)
Whoever breaks and enters a dwelling house in the night time, with the intent mentioned in the preceding section, or, having entered with such intent, breaks such dwelling house in the night time, the offender not being armed, nor arming himself in such house, with a dangerous weapon, nor making an assault upon a person lawfully therein, shall be punished by imprisonment in the state prison for not more than twenty years and, if he shall have been previously convicted of any crime named in this or the preceding section, for not less than five years.
Breaking and Entering at Night (G.L. c. 266 § 16)
Whoever, in the night time, breaks and enters a building, ship, vessel or vehicle, with intent to commit a felony, or who attempts to or does break, burn, blow up or otherwise injures or destroys a safe, vault or other depository of money, bonds or other valuables in any building, vehicle or place, with intent to commit a larceny or felony, whether he succeeds or fails in the perpetration of such larceny or felony, shall be punished by imprisonment in the state prison for not more than twenty years or in a jail or house of correction for not more than two and one-half years.
Breaking and Entering with Intent to Commit Misdemeanor (G.L. c. 266 § 16A)
Whoever in the nighttime or daytime breaks and enters a building, ship, vessel or vehicle with intent to commit a misdemeanor shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both.
Larceny By Stealing; (G.L. c. 266 § 25)
Section 25. (a) Whoever commits larceny by stealing from the person of a person sixty-five years or older shall be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one-half years.
Whoever, after having been convicted of said crime commits a second or subsequent such crime, shall be punished by imprisonment for not less than two years. Said sentence shall not be reduced until one year of said sentence has been served nor shall the person convicted be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served one year of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection.
(b) Whoever commits larceny by stealing from the person of another shall be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one-half years.
Contact a Skilled Boston Criminal Defense Lawyer
For additional information about Attorney Topazio's ability to protect your rights and liberties involving accusations of theft, contact his Boston office at 617-245-0218 or toll-free at 1-866-726-4590.
