Possession of Burglarious Tools

Massachusetts Possession of Burglarious Tools Defense Attorney

"Possession of Burglarious Tools" is a crime in Massachusetts.  However, the prosecution often has difficulty proving the necessary elements of this offense beyond a reasonable doubt. 

In order to be convicted of this offense, the prosecution must prove each of the following:

  1. The defendant knowingly possessed the tool in question;
  2. The tool could reasonably be used to break into a building, room, vault, or safe;
  3. The defendant knew that the tool could reasonably be used for that purpose; and
  4. The defendant had the specific intent to use the tool for the purpose of breaking into a building, room, vault, or safe.
The most problematic issue for the prosecution is usually the fourth element, "intent."  Without other corroborating evidence, it may be difficult for the prosecution to prove beyond a reasonable doubt that you specifically intended to use the crowbar in the back of your jeep in order to break into someone's home.  After all, there are plenty of legitimate uses for most tools that can be classified as "burglarious" under this statute.  But it is not your job to prove that you DID have a legitimate purpose- you are presumed innocent and have the right to remain silent.  If the prosecution cannot prove beyond a reasonable doubt that you specifically intended to use the tool for the purpose of breaking into a building, room, or safe, then you are entitled to a finding of "Not Guilty."

If you have been charged with Burglary or Possession of Burglarious Tools in Massachusetts, contact my office, 24 hours a day, 7 days a week, for your free initial phone consultation:

Urbelis Law, LLC
98 North Washington St.
Suite 403
Boston, MA 02114
Tel: (617) 830-2188