Possession of Burglarious Tools or Implements

A common property crime in Massachusetts that many people aren’t aware of is possessing tools or an instrument or implement that can be used as a burglarious tool. Examples of a “burglarious tool” can be a:

• Wrench
• Kitchen/Dinner Knife
• Gloves
• Crowbar
• Screwdriver

In Massachusetts, pursuant to M.G.L. c 266 § 49 whoever is in possession of a tool that can be used or implemented to steal or break into property with the intent to do so can be charged with possession of burglarious tools. In order to prove the defendant guilty of this felony offense, the Commonwealth must prove five things beyond a reasonable doubt:

1. That the defendant knowingly possessed a tool or implement;
2. That such tool or implement could reasonable be used to break into a building; room, vault, safe or any place for keeping valuables;
3. That the defendant knew that the tool or implement could reasonable be used for that purpose;
4. That the defendant intended to use the tool or implement for that purpose;
5. That the defendant had the specific intention of stealing or committing a crime in that place.

It is important to recognize that in this definition, the term “burglarious tool” can involve such common items such as screwdrivers, chisels or kitchen knives. Obviously, these tools have lawful purposes and are commonly used as the tools of the trade in various lawful businesses. There are many legitimate reasons to have these tools in your possession and a skilled lawyer can raise many issues of reasonable doubt. The prosecution must prove that the tool or implement was intended to be used to force, cut, or break into certain places or things. It is often difficult for a prosecutor to prove the intent element where there are no additional facts or corroborating evidence to prove the intent element required. With a skilled Massachusetts property crimes lawyer on your side the prosecutor has an uphill battle proving that there is intent to break into some of the following places or things:

• Building
• House
• Vault
• Safe
• Another person’s property

If convicted of possession of burglarious tools in Massachusetts, a defendant can face up to ten years in state prison, or a fine of $1,000 or possibly even 2 ½ years in jail. There is also the possibility of probation, fines and fees. Unfortunately, as an alleged “burglarious tool” or instrument can be any type household item, it is easily possible for an innocent person to be falsely prosecuted for this crime if they have such an item in their possession and the police suspect foul play of some sort. That is why it is important to contact an experienced Boston, Massachusetts burglarious tools criminal defense attorney right away to discuss your case and plan an effective defense strategy to win your case.

The Law Office of Patrick J. Murphy provides comprehensive criminal defense to the Massachusetts crime of possession of burglarious tools or implements. As indicated, the prosecution of these crimes is taken very seriously and your criminal defense choice must seriously consider a Massachusetts criminal defense law firm that aggressively defends all property crime allegations with a serious skill and determination. If you have been charged with a Massachusetts property crime such as possession of burglarious tools, contact Attorney Murphy now to get a free and absolutely confidential legal consultation with regarding your case by dialing (617) 367-0450 or by emailing Attorney Murphy directly by completing the email contacts tab on the website. Don’t leave your legal representation to chance; speak to an experienced criminal defense lawyer now.