Possession of burglarious tools in Massachusetts is a criminal offense under Massachusetts General Laws Chapter 266, Section 49. It occurs when someone is found in possession of tools or implements that can be used for burglary, with the intent to commit a crime. These tools can include items like crowbars, lockpicks, or any object commonly associated with breaking and entering. The prosecution must prove both possession of the tools and intent to use them for illegal purposes. Conviction can result in penalties of up to 10 years in state prison or up to 2.5 years in a house of correction.
Possession of Burglarious Tools in Massachusetts: Understanding the Charges
If you’ve been charged with possession of burglarious tools in Massachusetts, it’s important to understand what that means and what you could be facing. This charge can be confusing, especially because even everyday tools like screwdrivers can lead to serious consequences under the right circumstances.
In Massachusetts, being in possession of certain tools with the intent to commit a crime can result in a felony charge. The prosecution needs to prove you not only had the tool but also intended to use it to commit burglary or another crime. This is a serious offense, and it’s critical to know how these cases are handled in court.
What Are the Elements of Possession of Burglarious Tools in Massachusetts?
In order to find you guilty of possession of burglarious tools in Massachusetts, the Commonwealth must prove 5 things beyond a reasonable doubt:
- That you knowingly possessed a tool or implement,
- That such tool or implement could reasonably used to break into something,
- That you knew such tool or implement could be used for that purpose,
- That you intended to use that tool or implement for that purpose, and
- That you had the specific intention of committing a crime in that location.
What’s the Penalty for Possession of Burglarious Tools in Massachusetts?
In Massachusetts, the penalties for possession of burglarious tools are serious. A conviction can lead to up to 10 years in state prison. If sentenced in district court, the penalty could be up to 2.5 years in a house of correction.
These sentences are meant to reflect the seriousness of the crime, and the judge may consider factors such as your prior criminal history and the specifics of the case. It’s important to note that even being found in possession of simple tools like a screwdriver can carry these heavy penalties if the prosecution can show intent to commit a crime.
Is Possession of Burglarious Tools a Felony in Massachusetts?
Yes, possession of burglarious tools is a felony offense in Massachusetts. This is significant because felonies carry long-term consequences beyond the immediate penalties, such as prison time and fines. A felony conviction can affect your ability to:
- find employment,
- secure housing, and
- could even result in the loss of certain civil rights.
Felony convictions remain on your record permanently unless they are sealed or expunged, which is why fighting this charge is critical to protecting your future. It’s also important to understand that being convicted of this crime could affect future legal cases if you face additional charges down the road.
What Is Considered a Burglarious Tool in Massachusetts?
A burglarious tool is any object that could be used to commit a burglary or other similar crimes. Some common examples include tools like crowbars, lockpicks, slim jims, and bolt cutters. However, ordinary items like screwdrivers, pliers, or even a hammer could be considered burglarious tools depending on the circumstances.
What’s important is how these tools are being used, or more specifically, how the prosecution claims you intended to use them. If you had a screwdriver in your backpack, for example, that might not be enough to charge you. But if you had the same screwdriver while standing next to a locked door at night, that could lead to more serious charges.
How Can They Prove You Intended to Use a Tool to Break Into Something in Massachusetts?
Proving intent is often one of the most challenging aspects of these cases for the prosecution. They must show that you not only had the tool but also planned to use it for illegal purposes. This is typically done by looking at the surrounding circumstances, such as your location when stopped by the police or any statements you may have made.
The prosecution may also use evidence such as the time of day, the location of the alleged crime, and your actions before and after being stopped. For example, if you were near a locked building or car and had tools commonly used for breaking in, that could be used to suggest intent.
Can You Be Convicted for Carrying a Screwdriver in Massachusetts?
While carrying a screwdriver is legal and common, it can still lead to charges if it is found in suspicious circumstances. Possession of burglarious tools can include common household items like a screwdriver if the prosecution can prove you intended to use it for illegal purposes.
For example, if you were found near a locked car or building late at night with a screwdriver, the police might argue that you intended to break in. However, without additional evidence of intent, carrying a screwdriver alone is not enough to convict someone of possessing burglarious tools.
Defenses to a Charge of Possession of Burglarious Tools in Massachusetts
Several defenses can be used to fight a charge of possession of burglarious tools in Massachusetts. One common defense is lack of intent. If you had a legitimate reason for possessing the tools—such as for work or home repairs—it can be difficult for the prosecution to prove that you intended to use them for a crime.
Another defense could be unlawful search and seizure. If the police found the tools during an unlawful search, the evidence may be inadmissible in court. Additionally, it may be possible to argue insufficient evidence if the prosecution cannot prove you had intent to use the tools in a criminal act.
What If the Tools Belonged to Someone Else?
In some cases, you may be in possession of a tool without knowing it or the tool may belong to someone else. This can be a defense in a possession of burglarious tools case if you can show that you had no control over or knowledge of the tool. For example, if the tools were found in a shared space or someone else’s car, it may be harder for the prosecution to prove that you had control and intent.
It’s essential to clarify your connection to the tool and explain the circumstances. Even if you were aware of the tool’s presence, your intent will still need to be proven for a conviction.
Understanding How Massachusetts Courts Handle These Charges
Courts in Massachusetts take possession of burglarious tools charges seriously because of the potential for property crimes. That being said, each case is unique, and the courts will consider all the circumstances, including your history and the context of the situation.
In cases where intent is difficult to prove, the court may be more lenient, especially if there’s a reasonable explanation for the possession of the tools. Judges also have discretion in sentencing and may opt for probation or alternative sentences depending on the case’s specifics.
I have been practicing law in Massachusetts since 1995. My focus is in the areas of criminal and family law. I’m dedicated to providing high-quality legal help at an affordable price. I practice throughout Massachusetts. I earned my MBA from the University of Rhode Island in 2023. I earned my JD from New England School of Law in 1994. I earned my BA from Rhode Island College in 1990.