Burglary

August 21, 2018

Theft Laws in Massachusetts

Also known as larceny, theft refers to the taking of another’s property without their permission. It could be something as insignificant as a microwave, or something as valuable as a Lexus. Theft can be non-violent and occur on public property, such as when someone takes a purse that has been left on a picnic table. On the other hand, theft can involve violence or force, and the unlawful entry into someone’s home. Each type of theft is punished differently, and can range from a misdemeanor to a felony.

Petty Theft / Grand Theft

Theft that does not involve violence or unlawful entry is classified as either petty theft or grand theft. Petty theft applies when the stolen property is worth no more than $250. It is a misdemeanor offense, and carries fines of up to $300 and a max of up to one year in jail. Grand theft occurs when the stolen property is worth more than $250. It is a felony offense with a potential sentence of up to five years in prison and a fine of up to $25,000. As with all crimes, the penalties are largely dependent on the circumstances of the offense and any prior criminal history. The type of property stolen is also taken into account. For example, stealing a firearm is considered grand theft, even if it’s worth less than $250. And if the stolen property is a motor vehicle, a conviction of grant theft auto could land you in prison for up to 15 years.

Burglary

When a person breaks into the home of another person with the intent to steal something, it is considered burglary. Depending on the circumstances of the case, burglary can be charged as a misdemeanor or a felony. For example, if the burglary occurred in the middle of the night while the owner was inside sleeping, it is more likely to be charged as a felony than if it occurred during the day while nobody was home. Burglary penalties can range from probation to life in prison if it involved the use of weapons or force. A Boston criminal defense attorney can help you determine how to proceed if you’ve been charged with burglary.

Robbery

Robbery is similar to basic theft because it involves the taking of another’s property without their permission, but it is different in that it involves violence. If you purposely assault someone with the intent to steal his/her property, it will likely be charged as a felony. This is true even if you were unsuccessful in your attempt. In fact, in MA, you don’t even need to use physical force to be charged with robbery; if the victim is intimidated and reasonably fears bodily harm, you could be charged with robbery. Robbing a convenience store with a gun is a good example.

Identity Theft

Identity theft occurs when someone uses another person’s identifying information, such as a name and social security number, or bank account, to obtain credit or services, or to purchase things. Identity theft can be very damaging to the victim, resulting in large financial losses and even destroying their credit rating. In MA, a conviction of identity theft carries a penalty of up to two-and-a-half years in jail and a maximum fine of $5,000. A MA defense attorney can help you protect your rights if you’ve been charged with identity theft. Continue reading

April 19, 2018

Surprising Facts About Crime in the U.S. (and Boston)

by Altman & Altman

If you base your knowledge of crime on what is presented by the media, and the Trump administration, it would be easy to assume that U.S. crime is at an all-time high. However, quite the opposite is true. Here are some surprising facts about current crime rates, nationwide.

Drop in Violent Crimes

The rate of violent crime has dropped dramatically over the past 25 years, following its peak in the early 1990s. According to the FBI’s annual crime report and a Bureau of Justice Statistics (BJS) survey of more than 90,000 U.S. households, violent crime has fallen between 48 and 74 percent since 1993. That being said, the FBI did report a 20 percent rise in the murder rate between 2014 and 2016. Even so, overall violent crime is the lowest its been in decades, across the nation.

Drop in Property Crimes

Property crimes—which include burglary and motor vehicle theft—have also seen a significant decrease in recent years. Similar to the drop in violent crime, property crime in the U.S. has fallen between 48 and 66 percent between 1993 and 2016, and property crimes are much more common than those of a violent nature. A Boston criminal defense attorney can help you protect your rights if you’ve been charged with any type of criminal offense.

Pessimism

Public opinions about U.S. crime rarely lines up with actual statistics. For example, according to several polls, Americans commonly report that crime is up when data shows the exact opposite. In fact, according to 17 Gallup surveys taken since 1993, at least six-in-ten Americans said they believed there was more crime in that year compared to the previous year. Pew Research Center has experienced a similar outcome with their surveys. In a 2016 survey, more than half of registered voters said U.S. crime had worsened since 2008, even though it saw a rapid decline during that period.

Location, Location, Location

Crime varies widely based on geography. For example, while there were more than 600 violent crimes per 100,000 residents in Alaska and Nevada, violent crime rates in Vermont and New Hampshire were below 200 for every 100,000 people. And Boston is no exception. According to statistics and police reports, serious crimes in Boston have dropped by up to 22 percent since 2014. But for many residents who live in areas with a higher concentration of violent crime—such as Dorchester, Mattapan, and Roxbury—the drop isn’t as noticeable. “We still have a lot of work to do,” said Police Commissioner William B. Evans, who went on to say that even the most violent neighborhoods are more peaceful than in the past. A MA criminal defense lawyer can help you determine how to proceed if you’ve been charged with a crime. Continue reading

September 14, 2017

Burglar Gets 327 Years for Home Invasions and Robberies Targeting Senior Citizens

by Altman & Altman

A San Francisco burglar just received a 327-year sentence for wreaking havoc on the city’s elderly residents. In 2014, German Woods began his criminal spree of home invasions and robberies. The 60-year-old burglar targeted vulnerable senior citizens who lived alone. He would hide in the shadows, attacking as they entered their homes. Many of the seniors spoke very little English, or none at all. In 2016, Woods was convicted on multiple charges, including some for elder abuse.

Consecutive Sentencing vs. Concurrent Sentencing

In the case above, Woods was charged on 17 counts, including burglary, robbery, and elder abuse. Each of these counts carries its own sentence. When a judge decides that a convict must serve multiple count sentences consecutively, each sentence is added to the next. This is how Woods ended up with a 327-year sentence. If, on the other hand, a judge decides on a concurrent sentence, all of the separate sentences will be served simultaneously. A Boston defense lawyer can help you determine how to proceed if you’ve been charged with burglary.

Burglary Penalties in MA

In MA, burglary is loosely defined as unlawful entry into a structure with the intent to commit a felony. Although theft is not necessary to justify a burglary charge, it is a common element of the crime. As with most crimes, the penalties for burglary depend largely on the underlying circumstances, prior criminal history, and the severity of the offense. For example, someone who enters a home for the sole purpose of trespassing will likely receive a lesser punishment than someone who enters a home, ties up the occupants, and steals valuable jewelry. If you are convicted of burglary in MA, you may face the following penalties:

Burglary: This crime is a felony offense and carries a penalty of up to 20 years in prison. If it’s a first offense and no one was home at the time of the burglary, the sentence will generally be less severe. A second offense carries a mandatory minimum sentence of five years.
Armed burglary: Burglarizing an occupied home with a weapon in your possession carries a 15-year minimum sentence for a first offense.
Burglary with assault: Assault doesn’t require the use of a weapon. In fact, you don’t even have to physically harm someone to commit assault. Simply causing another to fear for their safety is enough to justify an assault charge. Burglary with assault carries a 10-year minimum sentence for a first offense.
Home invasion: This offense is similar to burglary in that it requires unlawful entry into a structure with the intent to commit a felony. However, to be considered a home invasion, the crime had to occur at night, in a home, and the defendant had to be armed, know someone was at home, and use force or threats. The penalty for home invasion is a minimum sentence of 20 years, and up to life in prison.

Remember, you don’t have to kick down a door to commit burglary. Burglary can be the simple act of unlawfully entering a structure, even if that means opening an unlocked door and stepping inside. A MA criminal defense attorney can protect your rights if you’ve been charged with burglary or any other crime. Continue reading

September 8, 2017

Theft, Burglary, and Robbery – What’s the Difference?

by Altman & Altman

Most people use the words theft, burglary, and robbery interchangeably. Although these three property crimes share some similarities, they are distinctly different. They all involve the act of taking or unlawfully entering another’s property, but that’s pretty much where the similarities end.

Theft

Also known as larceny, theft involves the unauthorized taking of another’s property. In order to prove theft, the intent must be to permanently deprive another of his or her property. For example, if Sara takes a friend’s bicycle to have it fixed for her birthday and brings it back the next morning, that is not theft. If Sara takes a friend’s bicycle and hides it in her shed for months because she thinks the “friend” is having an affair with her husband, that is theft. Theft is the most basic, and usually the least serious, of these crimes. A MA defense lawyer can help you protect your rights if you’ve been charged with theft or any type of property crime.

Burglary

Burglary involves unlawful entry into another’s structure. Although theft is often a component of burglary, nothing needs to be taken to justify a burglary charge. In fact, the intent to steal isn’t even necessary. What is necessary is the intent to commit a crime. If Bob breaks into an abandoned building because he wants to rescue a dog that was locked inside, that’s not burglary. If Bob breaks into an abandoned building to steal items that were left behind, he will likely be charged with burglary. But Bob can be charged with burglary even if he doesn’t steal anything. If he breaks into the abandoned building to commit a crime – to sell drugs, for example – a burglary charge may follow. Furthermore, breaking and entering isn’t even necessary. If Bob just turns the door handle and walks inside – with the intent to commit a crime – this act of unlawful entry may still result in a burglary charge.

Further, the intended crime doesn’t even need to be committed for a person to be charged with burglary. For example, if Bob broke into the building to sell drugs but never went through with the transaction, he can still be charged with burglary.

Robbery

Robbery, on the other hand, does involve the intent to steal. It also involves physical force or the threat of harm. If someone grabs your purse out of a shopping cart and runs, this is theft, but it’s not robbery. If, however, the person knocks you down and grabs your purse from the shopping cart, this is robbery. A Boston criminal defense attorney can help you determine how to proceed if you’ve been charged with robbery or another type of property crime.

Penalties for Theft, Burglary and Robbery

In MA, you may face the following penalties if you are convicted of theft, burglary, or robbery:

Theft: If the stolen property is valued at $250 or less, the penalties are a fine of up to $300 and up to one year in jail. If the property is worth more than $250, the penalties are up to two years in jail and a fine of up to $25,000.

Burglary: As with most crimes, the unique circumstances of the crime and prior history will impact the penalties. Burglary is a felony and those convicted could see up to 20 years behind bars. For second and subsequent offenses, however, there is a mandatory minimum sentence of at least five years. If you committed armed robbery, the mandatory minimum is increased to 15 years.

Robbery: If you assault someone with the intention of stealing from him, you may be convicted of felony robbery. This is true even if you are not successful in your attempt to steal. This crime carries a penalty of up to 10 years in prison. If the robbery involves confining the victim or victims and threatening violence (for example, a bank robbery), you may face up to life in prison.

December 2, 2016

Burglary, Robbery, and Theft – What’s the Difference?

by Altman & Altman

Let’s start with how burglary, robbery, and theft are the same. They are all commonly associated with the unlawful taking of another’s property. Theft and robbery do, in fact, always involve this scenario, or an attempt at this scenario. However, burglary doesn’t necessarily involve theft, or even attempted theft. Burglary basically refers to the unlawful breaking and entering of another person’s property with the intent to commit a crime. If you’re facing any of the above charges, contact a Boston defense lawyer today.

Theft: Also known as larceny, and petty or grand theft, this is one of the most commonly committed criminal offenses in the United States. Theft is loosely defined as the taking of another’s property without consent. To constitute theft, the individual must have also intended to permanently deprive the owner of this possession. Therefore, a neighbor who “borrows” your lawnmower to mow his lawn while you’re at work, without your consent, is not likely to be charged with theft. You might be angry about this unapproved loan, but it’s not an act of theft.

Robbery: The simplest way to explain robbery is to describe it as “theft by force.” Robbery also involves the unlawful taking of another’s property without their consent, and with the intent to permanently deprive them of their possession. However, to be robbery, the property must be taken by force. Consider the following two scenarios, for example: If someone steals your purse from your car while you’re in the store, it’s an act of theft, not robbery. But if someone points a gun at you and demands you hand over your purse, it’s an act of robbery. Even if there is no physical contact and no weapon in sight, an act of theft can still be robbery if the there is a threat of physical violence. Therefore, although robbery is considered a violent crime, no injuries have to be suffered for a robbery conviction to occur.

Burglary: The least understood of the three, burglary involves entering a dwelling or structure with the intent to commit a crime in that dwelling or structure. You don’t even have to commit a crime to be convicted; the prosecution just has to show that you intended to commit a crime. Breaking into a structure with the intent to commit a crime is burglary. The structure doesn’t have to be a home, either; it can be a tent, or even a cave. You don’t need to break in using force to commit a burglary; crawling through an already open window can be burglary if all other factors are present. Furthermore, you don’t need to fully enter a structure to be convicted of burglary. If, for example, you reach your arm through an open window and steal a purse, you may be convicted of burglary.

January 29, 2016

ATTORNEY SAM QUESTIONS WHETHER BROOKLINE SHOOTING/STABBING ARRESTS ARE A RUSH TO JUDGMENT

by Samuel Goldberg

Yesterday, we discussed the recent shooting/stabbing case which unfolded in Brookline this week.

“Yes, you were kind of mean to the nice Police Chief about his statements and the arrests.”

Do you think so?

“Yes and you left off suggesting that the way the police handled this matter put me in some kind of danger”.

So I did. I tend to find that when the authorities decide to make “urgent” and rushed arrests…before even thinking the whole matter through… the general population is put at risk.

“How so?”

In a number of ways. For example, one thing I often find when law enforcement rushes through to make arrests is that they increase the risks of getting it wrong. This is a reality to which, when mentioned, officers generally scoff. You will notice that they also seldom reconsider and admit that they might have been wrong.

Not solving a violent case correctly, as opposed to “expediently” puts us all in danger as the true culprits are often left unprosecuted. This should be apparent on its face. The flip side of this danger is something fewer people end up having to worry about.

This would be the folks who end up facing charges for things like home invasion, assault and attempted murder who shouldn’t be.

January 28, 2016

ARRESTS MADE IN BROOKLINE SHOOTING AND STABBING CRIMINAL INVESTIGATION

by Samuel Goldberg

It is a Boston violent story that is continuing to unfold. The ongoing criminal investigation apparently continues although law enforcement is already pointing fingers.

Wednesday, three men were wounded in shootings and stabbings in Brookline’s Coolidge Corner. Brookline police say that the violence was related to a home invasion.

Brookline Police Chief Daniel C. O’Leary explained that the incident began around 11:50 a.m. Wednesday when officers responded to a report a disturbance on St. Paul Street. When officers arrived, they say they found signs of a struggle in the stairs and hallway leading up to an apartment. One man, who was found with several gunshot wounds to the leg as well as a stab wound, was found and taken out of the apartment.
Continue reading

August 11, 2015

25 Years Later – Are We Any Closer To Solving The Gardner Museum Heist

by Altman & Altman

An attorney from Quincy, Massachusetts believes that one of his clients may have valuable information that could help FBI agents identify the men involved in an art heist that took place at Boston’s Isabella Stewart Gardner Museum in 1990. The attorney George Burke, who formally worked as a district attorney for Norfolk County, has stated that his client believes he can identify one of the men pictured in surveillance footage released from the museum that depicts the heist taking place.

The client, who has respectfully requested to remain anonymous at this time, is an antiques dealer who recognized one of the individuals in the video as someone he knew who also worked with antiques at the time. He has stated that the individual in question had connections to a man by the name of Myles Connor—Connor, a man from Milton, Massachusetts, had been suspected of playing a role in the heist for many years. At the time of the incident however, Myles Connor was already in federal jail for other crimes. He has stated to authorities that while he had originally planned an art heist at the Isabella Stewart Gardner Museum in 1988, he was not the one who hired this crew in 1990. The client of George Burke who was able to identify the man in question contacted his attorney after surveillance footage had been released earlier in the week. The man asked for attorney Burke to release the information on his behalf, stating that he was “…deathly afraid of being killed.” Following this exchange, George Burke contacted the U.S. District to notify Carmen Ortiz of the development. Continue reading

July 23, 2015

Bedford MA Home Invasion Suspects Remain at Large.

by Altman & Altman

An armed home invasion in Bedford, Massachusetts has left three individuals with various non-life threatening injuries. According to preliminary reports provided by the Bedford Police Department, three additional men broke into the home of the three victims at approximately 2:00 AM on Wednesday morning. The apartment where the altercation occurred is on the second floor of a shop located on North Road in Bedford. The suspects fled from the scene before police arrived—and now Bedford Police are requesting help from anyone who has information pertaining to the invasion.

The men who were injured in the attack are all in their twenties and they all suffered non-life threatening injuries. After police responded to the home invasion, the three victims were transported to a local hospital where they were further interviewed for information that could be helpful in identifying their attackers. Bedford Police Chief Robert Bongiorno issued a statement to reporters saying that he believes that these attacks are not random. Based on evidence acquired from the initial investigation, Chief Robert Bongiorno surmises that the home invasion and subsequent assault are possibly drug related or could have been an attempted robbery. He believes that at least one of the three suspects that carried out the attacks knew one of the victims personally, perhaps through a work connection. Continue reading

February 14, 2014

A NORTH ANDOVER MAN IS FOUND UNCONSCIOUS IN CONVENIENCE STORE AND CHARGED WITH BURGLARY

by Samuel Goldberg

A convenience-store burglar was out cold when cops found him in the drop ceiling of a North Andover mini-mart in the morning, police said.

Investigators say they’re trying to figure out how Justin Roeger, 26, of North Andover, ended up unconscious and among the rafters of the Richdale Convenience Store, where cops found him about 12:40 a.m. while responding to a burglar alarm.

The front door was smashed, and police and the store owner were inspecting the premises for damages when investigators “observed an unconscious male inside the drop ceiling.”