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Originally Posted by Sluggoslinger
I'm making some progress on this. The car happens to be the same make and model of one of the fisherman in town that I worked on the same boat with 3 years ago. I don't know how he would know where the key is but I called the cops and gave his name as a suspect. They know him well at the station so hopefully they can show a mug shot to the girl and close this case.
What sort of punishment to you get for B&E?
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Depends on the reasons why he's so well known at the station
If he has priors for B&E, there may be a mandatory sentence. B&E of a dwelling in the nightime is actually classified as "Unarmed Burglary:
MGL Chapter 266, Section 15--"Whoever breaks and enters a dwelling house in the night time, with the intent [to commit a felony], 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 20 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".
It might not matter whether anyone was home, either, if it could be proved he broke in at night. A "dwelling" doesn't necessarily have to be occupied at the time of the crime for it to be a B&E of a dwelling.
B&E is a felony no matter what, but a daytime B&E is a concurrent jurisdiction felony, which means it can be prosecuted in a lower court and a misdemeanor sentence can be handed out.
The Commonwealth still has to prove that he broke and entered with the intent to commit a felony. That may be the sticking point here, if nothing was taken.
as long as they live
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