What Constitutes Larceny in Massachusetts?

What can you expect if you are facing a larceny charge in Massachusetts? When is larceny a misdemeanor in this state, and when is it a felony? How will a Woburn larceny attorney help you contest a larceny charge and fight for the justice you will need? What constitutes larceny?

In Massachusetts, larceny is taking property that belongs to another person with the intention of depriving the person permanently of that property. The property may include physical items, money, land deeds, contracts, services, and domesticated animals. In 2023, larceny accounted for more than 77 percent of the property crimes in Massachusetts.

The terms “larceny” and “robbery” are often used casually and interchangeably, but larceny is the lesser charge. Robbery involves the threat or use of force or violence; larceny does not. If you face a larceny charge, you must have the assistance of an experienced Woburn larceny lawyer.

When is Larceny a Felony?

Larceny charges and the penalties for larceny convictions in Massachusetts are based on the value of the stolen property, the type of property, and the victim’s age or disability. Stealing property with a value of $1,200 or more is always a felony in this state.

Stealing property with a value below $1,200 is usually a misdemeanor, but it depends on the type of property. For example, stealing a firearm or a motor vehicle is always a felony. Finally, when a larceny victim is disabled or over age sixty, the charge is always felony larceny.

A felony conviction for a larceny offense may result in up to five years in prison and a fine of up to $25,000. A misdemeanor conviction for a larceny offense may result in up to a year in jail and a fine of up to $1,500.

Should You Accept a Plea Deal?

If you face a larceny charge, your Woburn larceny attorney will speak with the prosecutor and try to resolve your case without going to trial. What happens next will depend on the prosecutor, your defense attorney, and the case details. Do not attempt to represent yourself.

Criminal law in Massachusetts is complicated, and your future and freedom will be at stake. Anything you say or any mistake you make could result in a criminal conviction. Do not accept a plea offer until you have discussed the offer’s details with your Woburn larceny lawyer.

In many plea deals, the defendant enters an admission or sometimes a guilty plea to a reduced charge and, in return, receives a reduced penalty. For example, a felony larceny charge may be reduced to a misdemeanor charge. If the state’s case against you is convincing, taking a plea deal may be your best option.

What if You Are Innocent?

However, if you are innocent and did not commit larceny, you should not accept any plea offer in most situations. Instead, you should insist on your right to a jury trial. If your larceny case goes to trial, your attorney may offer one of these defenses:

  1. You reasonably believed that you legally owned or had a legal right to the property or cash, and you had no criminal intent.
  2. You have been misidentified, and another person perpetrated the larceny.
  3. The larceny allegation against you is a fabrication, and no crime occurred.

When Should You Contact a Defense Lawyer?

If you face a felony or misdemeanor larceny charge in Massachusetts – currently or in the future – you must immediately obtain effective defense representation and sound legal advice. Make the call – as quickly as possible – to the offices of a Woburn criminal defense attorney.

While in police custody, the wisest thing you can do is to exercise your constitutional right to remain silent and insist politely on your constitutional right to legal counsel. You can tell the police, “I prefer not to answer questions until my lawyer can be here,” and say nothing more.

What Will It Take to Convict You of Larceny?

If you are prosecuted for larceny in Massachusetts, do not presume that you will be convicted. To convict anyone of a criminal charge, a Massachusetts prosecutor must prove that person’s guilt beyond a reasonable doubt, and proving guilt is not always easy in larceny cases.

In a larceny case, your defense lawyer will cast doubt on the state’s evidence against you and seek to have the charge dropped or reduced or the case dismissed. If the case goes to trial, your lawyer will advocate aggressively on your behalf.

Is Shoplifting Larceny?

Shoplifting, the theft of merchandise from a store, is a common type of theft in Massachusetts. It includes taking items without paying, changing price tags on store items, changing the contents of packages, and colluding with employees to charge you lower prices.

In this state, a first conviction for shoplifting items worth less than $100 may result in a fine of up to $250. A second conviction can result in a fine of up to $500. A third or subsequent offense and conviction may result in up to two years in jail.

However, even shoplifting is oftentimes charges as larceny, and when the value of shoplifted items exceeds $1,200, the charge is felony larceny. If you are accused of any larceny or shoplifting crime in Massachusetts, call the offices of Contant Law immediately.

We Defend Our Clients Aggressively and Effectively

If you are prosecuted for larceny in Massachusetts, you must have the frank legal advice and effective defense representation that Contant Law provides. Award-winning criminal defense lawyer Michael A. Contant will bring your larceny case to its best possible resolution.

Attorney Michael A. Contant has more than twenty-six years of experience representing clients in larceny and shoplifting cases and winning justice for those clients. The team at Contant Law is dedicated to outstanding client service and legal excellence.

Let us put our experience and legal skills to work on your behalf. If you face a larceny or shoplifting charge, currently or in the future, you can schedule a no-obligation, no-cost legal consultation with Contant Law by promptly calling our offices in Woburn at 617-221-8221.