Crimes Against Property in Massachusetts

• Arson
• Breaking and Entering
• Burglary
• Entering Dwelling
• Home Invasion
• Malicious Destruction of Property
• Tagging
• Trespass After Notice
• Vandalizing Property

Insufficient Evidence

As with all criminal cases, the government must provide evidence that the defendant is guilty beyond a reasonable doubt. This is a very high burden. The government must provide sufficient evidence that each and every element of the charged crime is met beyond a reasonable doubt.

Consent

Crimes such as trespassing and entering a dwelling require you to be at the location “unlawfully”, this can be rebutted if you have permission (consent) to be in that location from the landowner.

Lack of Intent

Many of these property crimes contain an intent element, if the prosecution is unable to prove the required intent for those charges then they have not met their burden of proving all elements of the crime beyond a reasonable doubt.

How is Intent Typically Proven in Property Crime Cases?

Intent in property crime cases is often established through circumstantial evidence. The prosecution may present evidence showing the defendant’s actions, behavior, or statements that indicate a willful or knowing participation in the unlawful interference with or destruction of property.

Can I be Charged with a Property Crime if I Didn’t Physically Damage the Property?

Yes, in certain property crimes, physical damage is not always a prerequisite for being charged. For example, trespassing after notice may not require physical damage but can still result in criminal charges based on unlawful entry or presence on the property.

Can the Property Owner Drop the Charges in a Property Crime Case?

While the property owner may express their desire for charges to be dropped, it is ultimately up to the prosecutor to decide whether to proceed with or dismiss the case. The property owner’s wishes may be taken into consideration, but the final decision rests with the prosecution.

Can I be Charged with Multiple Property Crimes for the Same Incident?

Yes, it is possible to face multiple property crime charges for the same incident if different offenses were committed or if the prosecution can establish separate elements for each offense. The specific circumstances and evidence will determine the charges brought forth.

When one is confronted with property crime charges, it is crucial to be informed about your rights and understand the legal options available to you. Our team at Nate Amendola Defense is committed to assisting you in constructing a robust defense. We offer a range of services, including:

• Comprehensive Investigations
• Legal Expertise
• Negotiation Strategies
• Trial Advocacy
• Experienced Guidance

Our experienced attorneys are here to help explain your options and protect your future. Don’t delay; reach out to us today for a comprehensive consultation tailored to your specific legal needs. Call our office at 781-650-6940 or fill out an online form.