If you took property worth more than $1,200, you’re facing a felony under Massachusetts General Laws chapter 266, section 30. If the property is worth $1,200 or less, it’s a misdemeanor. That single line is the entire threshold, and it decides whether you’re looking at a Superior Court felony record or a district court misdemeanor.
The numbers behind that line matter just as much as the label. A felony conviction can bring up to five years in state prison and fines as high as $25,000. A misdemeanor caps out at one year in a house of correction and a $1,500 fine.
Here’s what this article walks through:
- How the statute is worded, and what each clause actually means for you
- The exact penalty ranges for felony and misdemeanor larceny, including enhanced charges
- How prosecutors prove value, and when police can arrest without a warrant
- Realistic defenses, common outcomes, and what to do if you’re charged right now
Larceny of property valued at more than $1,200 is punished as a felony in Massachusetts; property valued at $1,200 or less is a misdemeanor, under Mass. Gen. Laws ch. 266, § 30.
Key Takeaways
Massachusetts draws the felony/misdemeanor line for larceny at $1,200, and that single number decides both the charge and the maximum sentence a court can impose.
| Point | Details |
|---|---|
| $1,200 is the threshold | Property valued over $1,200 is a felony; $1,200 or less is a misdemeanor under Mass. Gen. Laws ch. 266, § 30. |
| Felony exposure is steep | Up to 5 years in state prison or up to $25,000 in fines plus up to 2 years in jail. |
| Misdemeanor still carries real risk | Up to 1 year in a house of correction or a $1,500 fine. |
| Value can be aggregated | Multiple thefts in a single scheme can combine to cross the felony line. |
| Early counsel changes outcomes | Contant Law, P.C. helps contest valuation, negotiate diversion, and protect your record from the start. |
Table of Contents
- Larceny Felony or Misdemeanor: What the Statute Says
- Larceny Penalties in Massachusetts: Prison Time and Fines
- How Prosecutors Prove Value and When Police Can Arrest You
- Common Larceny Scenarios: Shoplifting, Fraud, and Conversion
- Defenses, Diversion, and What a Conviction Follows You With
- If You’re Charged With Larceny, Act on These Steps First
- Talk to a Massachusetts Larceny Defense Attorney Now
- Sources
- FAQ
Larceny Felony or Misdemeanor: What the Statute Says
Section 30 of chapter 266 is the backbone of every larceny case in Massachusetts, whether it started as shoplifting, a bounced check, or a dispute over a car deal gone bad. The statute doesn’t use soft language. It sets a hard dollar line and attaches specific consequences on either side of it.
“Whoever steals… or fraudulently converts… the property of another… if the value of the property stolen exceeds $1,200 or if the property stolen is a firearm…” triggers felony-level penalties, according to Mass. Gen. Laws ch. 266, § 30.
Breaking that language down:
- Felony trigger: stolen property valued over $1,200, or any firearm regardless of its dollar value
- Misdemeanor default: stolen property valued at $1,200 or less, absent an enhancement
- Elderly/disabled enhancement: a victim age 60 or older, or a person with a disability, can push penalties well above the standard felony range
- Warrantless arrest reference: the statute separately allows arrest without a warrant when the property is worth more than $250
The $1,200 threshold itself is a relatively recent change. It replaced a $250 line effective April 13, 2018, which means a huge swath of theft that used to be charged as felonies now qualifies as misdemeanors. If you’re researching an older case or a family member’s record from before 2018, that shift matters.
Larceny Penalties in Massachusetts: Prison Time and Fines
The dollar amount stolen doesn’t just decide the label. It sets the entire sentencing range a judge can work within.
Felony larceny, meaning property valued at more than $1,200, carries up to five years in state prison, or a fine of up to $25,000 combined with up to two years in jail, under section 30’s penalty language. Misdemeanor larceny, property valued at $1,200 or less, carries up to one year in a house of correction or a fine of up to $1,500. Those are maximums, not automatic sentences, but they define what’s legally possible.
| Classification | Value Threshold | Maximum Prison/Jail | Maximum Fine |
|---|---|---|---|
| Misdemeanor | $1,200 or less | Up to 1 year (house of correction) | Up to $1,500 |
| Felony | More than $1,200 | Up to 5 years (state prison) or up to 2 years (jail) | Up to $25,000 |
| Enhanced felony | Firearm, or victim 60+/disabled | Up to 10 years in some circumstances | Higher fines |
Enhanced penalties change the math entirely. If the stolen property is a firearm, or the victim is 60 or older or has a disability, the statute allows significantly harsher maximums, including sentences up to 10 years in certain circumstances. That enhancement applies regardless of whether the underlying dollar value would otherwise have kept the charge in misdemeanor territory.
Restitution sits on top of whatever sentence a judge imposes. Courts can order repayment to the victim commensurate with the property’s value, whether the case resolved as a felony or a misdemeanor. A $1,500 fine cap on a misdemeanor doesn’t cap what you might owe the victim directly.
How Prosecutors Prove Value and When Police Can Arrest You
Value isn’t just a number attached to a charge. It’s an element the Commonwealth has to prove beyond a reasonable doubt, and that proof shapes everything from the initial arrest to the final verdict.
Massachusetts jury instructions allow jurors to rely on ordinary common knowledge to estimate value rather than requiring formal expert appraisal testimony. A juror who knows what a used laptop or a bicycle typically sells for can apply that knowledge directly. This matters at the arrest stage too: officers can make a warrantless arrest when they have probable cause to believe the property stolen exceeds $250, a much lower bar than the $1,200 felony line.
Prosecutors typically build their value case from:
- Store receipts or original purchase price records
- Manufacturer’s suggested retail price (MSRP) documentation
- Witness or victim testimony about the item’s condition and worth
- Retailer loss-prevention policies and internal valuation logs
Pro Tip: If you’re facing a larceny allegation, start gathering your own receipts, photos, and any texts or emails related to the property immediately. Value disputes are won or lost on documentation, and evidence that supports a lower valuation can be the difference between a felony and a misdemeanor.
Common Larceny Scenarios: Shoplifting, Fraud, and Conversion
The same basic conduct, taking something that isn’t yours, gets charged very differently depending on dollar amount and pattern.
- Shoplifting a $40 shirt: misdemeanor, likely resolved through diversion for a first offense
- Shoplifting electronics worth $1,500: felony exposure from a single incident
- False pretenses on a $900 online sale: misdemeanor, but a pattern of similar transactions can push it into felony territory through aggregated single-scheme value
- Employee conversion of funds over several months: even small individual takings can aggregate into felony-level totals if they’re part of one ongoing scheme
Prosecutors often route small-dollar, first-offense cases toward diversion or a continuance without a finding. High-dollar or repeat cases tend to move toward negotiated pleas or trial.
Defenses, Diversion, and What a Conviction Follows You With
A larceny charge isn’t a conviction, and the value the police or store estimated at the time of arrest isn’t always the value that survives to trial.
Common defenses include lack of intent to permanently deprive the owner of the property, mistaken identity, a claim of consent or ownership, and, frequently, insufficient proof that the value actually crossed $1,200. Diversion programs and pretrial probation can resolve first-time misdemeanor cases without a lasting record, and skilled plea negotiation can sometimes move a felony charge down to a misdemeanor or a noncriminal disposition entirely.
The consequences that outlast the courtroom are often worse than the sentence itself. A larceny conviction, especially a felony, can affect employment applications, housing approvals, and professional licensing for years. Probation conditions frequently include restitution payments and no-contact terms with the alleged victim.
Pro Tip: If the valuation feels inflated, an independent appraisal or comparable sales listing can be a powerful early tool. Raising a value dispute before arraignment, rather than at trial, gives your attorney more room to negotiate the charge down.
If You’re Charged With Larceny, Act on These Steps First
What you do in the first 48 hours after a larceny charge shapes everything that follows.
- Provide only identifying information to police; don’t explain or justify anything without counsel present
- Preserve receipts, texts, emails, and photos related to the property in question
- Contact a criminal defense attorney before your arraignment date
- Show up to arraignment and every scheduled hearing
- Stay off social media about the case entirely
A defense attorney’s early involvement typically focuses on:
- Contesting the Commonwealth’s valuation evidence
- Negotiating diversion or a reduced plea before formal charges harden
- Challenging aggregation in multi-incident cases
- Protecting your job, housing, and licensing interests during the process
Two patterns show up often: a first-time offender diverted out of the system entirely, and a disputed valuation that knocks a felony charge down to a misdemeanor before trial ever starts.
A note on realistic expectations
Most larceny cases don’t go to trial, and most defendants make their biggest mistake in the first conversation with police. Get counsel involved early. That’s when value disputes and diversion options actually have room to work.
Talk to a Massachusetts Larceny Defense Attorney Now
Contant Law, P.C. handles larceny cases across Massachusetts from offices in Woburn and Newburyport, with the same felony/misdemeanor line at the center of nearly every case we take on. Three things set early representation apart: a same-week case assessment that flags valuation weaknesses before the Commonwealth locks in its number, direct experience negotiating diversion and reduced pleas on both felony and misdemeanor larceny charges, and courtroom advocacy that doesn’t wait until trial to start pushing back. If you or someone you know has been charged, visit our larceny defense practice page or contact our office today to schedule a consultation before your arraignment date.
Sources
This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.
FAQ
Is larceny under $1,200 a felony in Massachusetts?
No. Larceny of property valued at $1,200 or less is a misdemeanor under Mass. Gen. Laws ch. 266, § 30, punishable by up to one year in a house of correction or a $1,500 fine.
Is larceny over $1,200 a felony?
Yes. Once the value of stolen property exceeds $1,200, the charge becomes a felony carrying up to five years in state prison or up to $25,000 in fines and up to two years in jail.
Can larceny charges be dropped?
Larceny charges can be dropped, reduced, or diverted, particularly for first-time offenders or when the prosecution’s valuation evidence is weak; an attorney like those at Contant Law can negotiate these outcomes directly with prosecutors.
Is larceny a felony in Massachusetts?
It depends entirely on value: larceny becomes a felony only when the property stolen is worth more than $1,200, or when a firearm or an enhancement involving an elderly or disabled victim applies.
