In May of 2011, our Client was arrested by the Tiverton Police Department and charged with
attempted breaking and entering, a felony. In July of 2011, our Client was again arrested by the Tiverton Police Department and charged with
breaking and entering with intent to commit larceny and conspiracy, both felony charges.
Pursuant to Rhode Island General Laws 11-8-1.1, attempted breaking and entering is defined as whoever attempts to commit the breaking and entering of any structure as set out in §§ 11-8-2, 11-8-2.1, 11-8-2.2, 11-8-2.3, 11-8-3, 11-8-4 or 11-8-5.1 by doing any overt act toward the commission of the offense while in the curtilage of the structure, but fails in its perpetration, shall, unless otherwise provided, suffer the same punishment which might have been imposed if the attempted offense had been committed.
(b) An "overt act" is defined as any act of an individual by which the individual physically attempts to gain entrance into a type of structure set forth in the sections listed in subsection (a) of this section.
The penalties for attempted breaking and entering are the same as actually breaking and entering. If convicted, our Client would have faced imprisonment for not less than two (2) years and not more than ten (10) years for the first conviction, and for the second and subsequent conviction shall be imprisoned for not less than four (4) years and not more than fifteen (15) years, or fined not more than ten thousand dollars ($10,000), or both.
(b) Every person convicted pursuant to subsection (a) of this section shall be ordered to make restitution to the victim of the offense or to perform up to five hundred (500) hours of public community restitution work, or both, or any combination of them approved by the sentencing judge. The court may not waive the obligation to make restitution and/or public community restitution work. The restitution and/or public community restitution work shall be in addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence.
Pursuant to R.I.G.L. 11-8-3, breaking and entering with intent to commit additional crimes is defined as, every person who, with intent to commit murder, sexual assault, robbery, arson or larceny, shall enter any dwelling house or apartment at any time of the day or night, or who with such intent shall, during the daytime, enter any other building, or ship or vessel, shall be imprisoned not more than ten (10) years, or be fined not more than five hundred dollars ($500), or both.
However, due to Attorney Humphrey's experience in representing clients charged with serious felony cases, both of the breaking and entering charges were amended to misdemeanor willful trespass and the felony conspiracy charge was dismissed. Pursuant to R.I.G.L. 11-44-2, willful trespass is a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000), or imprisonment for a term not exceeding one year, or both.
If you or a family member has been charged with robbery,
breaking and entering, or other
felony charges, please allow
Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.
Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.