October 31, 2012

• Steven Topazio wrote this April 27, 2014 at 6:58 pm

The client, a 28 year old individual, was arrested and held in custody by the Chelsea Police Department. According to the Arrest Report, an unnamed off-duty Boston Police Officer stated to dispatch that two male parties were seen throwing items over the fence from a construction site onto Beech St. The police report stated that when Chelsea Police responded the client was seen walking within ten yards of a construction site. The police report does not indicate that any person broke and entered into any building, ship, vessel or vehicle. After other officers arrived the client and a co-defendant were arrested. The client was represented by Boston Massachusetts Criminal Defense Attorney Steven J. Topazio. Attorney Topazio initially attacked the case by filing motions to dismiss and suppress. Attorney Topazio argued that a fenced construction site does not qualify as a building pursuant to statute. Attorney Topazio argued to the court that the second element of the offense of B&E is that the defendant in fact entered a (building) (ship) (vessel) or (vehicle). “Entry” is the unlawful making of one’s way into a (building) (ship) (vessel) (vehicle). Entry occurs if any part of the defendant’s body—even a hand or foot—or any instrument or weapon controlled by the defendant physically enters the (building) (ship) (vessel) (vehicle). Breaking an outer storm window and reaching inside between the outer and inner windows with one’s hand is an entry. Attorney Topazio argued that entering a fenced in area of a construction site or being seen near a construction site fence does not qualify as a building, ship, vessel, or vehicle, justifying a B&E charge and the court agreed.