Experienced Boston Area Criminal Defense Attorneys
Massachusetts General Laws Chapter 266 Section 49 makes it a crime for anyone to knowingly possess “an engine, machine, tool or implement adapted and designed for cutting through, forcing or breaking open a building, room, vault, safe or other depository, in order to steal therefrom money or other property, or to commit any other crime… ”
In order get a conviction for possession of burglarious tools the prosecution must prove the following elements beyond a reasonable doubt:
- The defendant knowingly possessed a tool;
- This tool could reasonably be used to break into a building, house, vault, or safe;
- The defendant knew that the tool could reasonably be used to break into a building, house, vault or safe;
- The defendant specifically intended to use the tool for the purpose of breaking into a building, room, vault, or safe.
- The defendant specifically intended to steal from or commit a crime in that place.
The tool doesn’t have to be specifically designed or used for burglary related activities. In fact burglarious tools can be any item that is used for legal purposes like gloves, dinner knives, screwdrivers, and crowbars. Basically, anything that can be used to break into a house, room or vault and that is possessed for that specific purpose meets the definition. The defendant doesn’t need to use the tools in an attempted break-in in order to be guilty. Simply possessing these tools in the truck of a car may be sufficient.
The Problem Of Intent
Not only does the prosecutor have to show the defendant knew the tools could be used to commit a break-in but he must also show that the defendant intended to use the tools to commit a break-in. If the tool has many legal and legitimate uses like, say, a screw driver, then the prosecution may have difficulty proving beyond a reasonable doubt that the defendant intended to use the tool to commit an unlawful break-in. As a result the prosecution usually might need other corroborating evidence in order to support a conviction.
Call For Your Free Consultation With Aggressive Boston Area Criminal Defense Lawyer
If you have been arrested and charged with Possession of Burglarious Tools and whether or not it’s your first such offense—you need an experienced theft crime lawyer at your side who can plead down your case with the district attorney or (if circumstances warrant) fight the charges head-on. The attorneys at The Law Offices of Gerald J. Noonan have decades of experience with felony charges, and will work to secure the best possible outcome for your case.
Our knowledgeable and experienced Brockton criminal defense law attorneys at The Law Offices of Gerald J. Noonan are available to assist clients throughout all of Massachusetts, including but not limited to Plymouth County including Brockton, Plymouth, Bridgewater, Hingham, Wareham, Middleboro; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Wrentham, Attleboro, Mansfield, Easton, Raynham; and Middlesex County including Cambridge, Lowell, Somerville, Newton, Woburn, Framingham, Malden, Chelsea, Everett, Arlington, Medford and Waltham; Cape Cod, Barnstable, Falmouth and Worcester; Essex County including Lynn, Lawrence and Salem; and the Greater Boston area including South Boston, Revere, Dorchester and Roxbury.
No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and consultation at (508) 588-0422 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.
