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Rhode Island Breaking and Entering Lawyer

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Rhode Island Breaking and Entering Attorney

Breaking and entering is a criminal offense under Rhode Island law. Under Rhode Island law, it is unlawful to enter a dwelling without the consent of the owner or tenant of the dwelling. This includes dwellings such as houses, apartments, buildings, garages, businesses, ships, and other structures.

The experienced criminal defense attorneys at Ellison Law LLC have helped many clients in Rhode Island avoid fines, prison time, and other consequences of a criminal conviction under a breaking and entering charge.

When Can You Be Charged With Breaking And Entering in Rhode Island?

There are multiple Rhode Island laws covering breaking and entering charges. You could get charged with a different Rhode Island breaking and entering law depending on the type of structure that is allegedly broken into, whether a resident is on the premises, the type of resident who may be present at the time, and what intent you have when you commit the alleged breaking and entering.

The different Rhode Island breaking and entering laws include:

Additionally, you can be charged with attempted breaking and entering under Rhode Island General Laws 11-8-1.1

If you attempt to commit a breaking and entering in any structure under the breaking and entering laws above with any overt act toward the commission of the offense while in the curtilage of the structure. An overt act means any act that an individual does to physically attempt to gain entry into any structure that is included under the breaking and entering laws.

What Is The Difference Between Breaking And Entering And Burglary in Rhode Island?

Though breaking and entering and burglary are somewhat similar, there are some key differences. Burglary is the unlawful entry into a structure with the intent to commit a crime. Breaking and entering is the unlawful entry into a structure without the consent of the owner or tenant of the structure. You can be charged with both breaking and entering and burglary in Rhode Island without actually stealing anything.

Penalties for burglary and breaking and entering differ as well. Under Rhode Island General Laws 11-8-1, you could face a mandatory minimum of 5 years or up to life in prison for a charge under this burglary statute. The penalties for breaking and entering vary based on a variety of factors and do not include a potential for life in prison.

What Are The Penalties For Breaking And Entering?

The penalties for breaking and entering vary based on the specific statute you are charged with.

For a charge of unlawful breaking and entering under Rhode Island General Laws 11-8-2, you could face:

  • A fine of up to $10,000
  • A prison term of 2-10 years
  • Both a fine and imprisonment
  • Additionally, someone convicted of breaking and entering must make restitution to the victim of the offense, perform up to 500 hours of community service, or both pay restitution and perform community service.

If you are convicted of breaking and entering and then are subsequently charged with unlawful breaking and entering under Rhode Island General Laws 11-8-2, you could face more severe penalties including:

  • A fine of up to $10,000
  • A prison term of 4-15 years
  • Both a fine and imprisonment
  • Additionally, someone convicted of breaking and entering must make restitution to the victim of the offense, perform up to 500 hours of community service, or both pay restitution and perform community service

These penalties change based on additional factors covered under other breaking and entering statutes. For instance, the penalties for a first time breaking and entering conviction when a resident of the dwelling is 60 years old or older and is on the premises at the time could face:

  • A fine of up to $15,000
  • A prison term of 4-20 years
  • Both a fine and imprisonment
  • Additionally, someone convicted of breaking and entering must make restitution to the victim of the offense, perform up to 500 hours of community service, or both pay restitution and perform community service

Because breaking and entering is a felony in Rhode Island, a conviction can result in a felony on your record and possible probation time.

What Should I Do If I Am Charged With Breaking And Entering In Rhode Island?

Because there are many different statutes covering breaking and entering and a conviction can hold serious financial and life consequences, it is important to work with an experienced Rhode Island criminal defense attorney like the attorneys at Ellison Law LLC if you are charged with breaking and entering.

A skilled criminal defense attorney can advise you on how to best navigate the charge against you and make the difference between getting a criminal conviction on your record and not getting a conviction.

The attorneys at Ellison Law LLC have helped many clients avoid fines and prison time associated with breaking and entering charges. If you or someone you know has been charged with breaking and entering, contact us today at 401-230-5520.

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1000 Chapel View Blvd., Suite 260
Cranston, RI 02920

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

1000 Chapel View Blvd. Suite 260
Cranston, RI 02920

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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