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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

50 Milk St 16th Floor
Boston, MA 02109
Phone: (617) 830-2188

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"Ben Urbelis recently represented me in an OUI case in which I had crashed my car. I honestly did not believe I had any chance of beating it, but fortunately for me Ben was outstanding and all charges were dropped. In my first hearing he was calm, assertive and straight to the point. I was extremely impressed and satisfied. I left my hearing feeling confident that I had made the right choice of hiring him. I am positive I would have lost this case and walked away with an OUI if I hadn't. I am very happy with how he handled my case and how reassured I felt having him as my lawyer." MC
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"Huge thank you to not only my friend, but my lawyer,Ben Urbelis..I presented him with a case that at first was a bit tricky on paper... but we worked hard together and got all information we needed to prove i was innocent! He knew from the get go a year ago that he was gonna smash this case, and he did!! Cant thank you enough man! If anyone needs a lawyer, hes your guy... no question" PB
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