Will i go to jail on a first time felony offense?

The fact that you have a clean record will help you. It really doesn't matter if the alleged victims are pressing charges or not once you have been charged it is in the hands of the District Attorney's Office, they have the sole discretion on whether to proceed. These are serious charges both of which are felonies. I have provided links below for more information on both charges. Given your lack of record, the return of property and the position of the alleged victim you have a good chance of avoiding jail. You really need to get an attorney to aid you in this. Many attorneys are reasonably priced and even offer payment plans.

I would think your chances of not going to jail are good. You need to ask for a court appointed attorney and see if that attorney can help you avoid going to jail for this incident. Good luck.

I am not licensed in Massachusetts, yet, anyone charged with a felony must retain a good counsel to ensure a full, proper and attentive legal representation for all purposes, including lessening any possibility of jail time or any collateral ramifications.

I agree and would state that the court may find you indigent and appoint a lawyer for you.

It is unlikely that you would be sentenced to jail under the circumstances your describe. Assuming for the moment that you cannot beat the charges outright, the goal in your case in a plea bargain situation is to avoid a "conviction" (that is, a Guilty finding) and an amendment of the charges to misdemeanors as part of the plea deal. A continuation without a finding (CWOF) with probation would be a non-conviction type disposition and the charges could be amended to B&E for misdemeanor and Larceny under $250 to make them misdemeanors. If you cannot afford a lawyer, you can ask the court to appoint one for you. The court usually assesses the defendant $150 or 15 hours of community service for the legal counsel fee. I would not try to handle this matter without a lawyer, as you could be missing out on critical defenses in your case and/or may not get the best plea deal. Good luck, Dominic Pang (617-538-1127)

Understand that the DA is the one who will decide whether to proceed with the criminal case and that the offenses for which you were charged do allow the judge to sentence you to a term of incarceration. The sentencing guidelines call for a potential 0-24 month sentence for a defendant convicted for most of the B&E and Larceny over 250 convictions, with minimal or no criminal record. The guidelines also permit intermediate sentencing such as probation. However, where the facts above indicate that the victims are not wishing to pursue the case and where the items had been returned unharmed, I would suspect that you would treated with leniency. BUT UNDERSTAND, even a sentence of probation for these charges could make you a convicted felon. I would strongly recommend either hiring a lawyer or, if as indicated above you are indigent, then the court will appoint an attorney to represent you. Finally, you did not provide your citizenship status. Should you plead guilty to a probation conviction for B&E or Larceny over 250, these convictions may qualify as "aggravated" offenses and subject you to unfortunate immigration consequences. Obtain a lawyer for this.