Elder Larceny Defense Attorney Massachusetts

Elder larceny in Massachusetts carries enhanced penalties of up to 10 years in state prison when the alleged victim is 60 or older or has a disability. We defend individuals charged with elder larceny in Essex County and throughout Eastern Massachusetts.

‍Call (978) 705-4537 for a free consultation available 24/7.

Elder larceny charges often arise out of family caregiving, financial assistance, or business relationships, and they carry penalties far more serious than ordinary theft. We have defended people facing elder larceny charges for over 30 years in Massachusetts courts.

Call (978) 705-4537 for a free consultation.

If you are looking at charging documents alleging larceny from a person 60 or older or a person with a disability, the most important thing to understand is that Massachusetts treats this offense significantly more seriously than ordinary larceny. Under M.G.L. c. 266, § 30(5), what would otherwise be a misdemeanor under $1,200 can become a felony when the alleged victim falls into a protected category.

Massachusetts recognizes elder larceny across several factual scenarios, all of which share the same underlying elements but vary based on how the property was allegedly taken and the relationship between the parties.

This is the broadest form of the offense. It applies to any larceny by stealing, by false pretenses, by conversion, or by embezzlement when the alleged victim is 60 or older. The Commonwealth must prove the underlying larceny elements (taking, carrying away, property of another, intent to deprive permanently) plus the additional element that the alleged victim was at least 60 years old at the time of the offense.

The penalties depend on the value of the property. If the property exceeds $250, the offense is punishable by up to 10 years in state prison or up to 2.5 years in a house of correction or a fine of up to $50,000, or both. If the property does not exceed $250, the penalty is up to 2.5 years in a house of correction or a fine of up to $1,000.

The same enhanced penalty structure applies when the alleged victim is a person with a disability as defined in M.G.L. c. 265, § 13K. The disability definition is specific and includes physical or mental impairments that substantially limit one or more major life activities. The Commonwealth must prove not only the underlying larceny but also that the defendant knew or should have known of the disability.

Many elder larceny cases arise inside families. An adult child who has been managing a parent's finances, a caregiver paid privately or through an agency, a friend with access to bank accounts or signed checks, or a family member named on a power of attorney can find themselves accused of larceny by another family member who disagrees with how money was spent. These cases often turn on questions of authorization, gift, loan, or repayment for past services. The factual reality is rarely as clear as the charging documents suggest.

Not every disagreement over money is a crime. Massachusetts has separate civil and probate court remedies for disputes over wills, trusts, joint accounts, and powers of attorney. When a family disagreement becomes a criminal complaint, the question is whether there was actually an intent to permanently deprive the alleged victim of property, or whether the dispute is really about competing accounts of authorization, repayment, or gift. Telling these stories apart is often the heart of the defense.

We know you are already thinking about what could happen next, and the elevated penalties in elder larceny cases make this a particularly stressful charge to face. The penalties depend on the value of the property and the specific subsection charged.

Upon conviction for elder larceny involving property worth more than $250, Massachusetts law provides for up to 10 years in state prison or up to 2.5 years in a house of correction, or a fine of up to $50,000, or both fine and incarceration. Upon conviction involving property worth $250 or less, the penalty is up to 2.5 years in a house of correction or a fine of up to $1,000. Restitution is typically ordered in any conviction.

The collateral consequences extend well beyond any sentence. Elder larceny convictions can disqualify a defendant from working with elderly or vulnerable populations under Massachusetts background-check laws (CORI), affect professional licensure in healthcare, finance, and education, complicate immigration status because crimes involving moral turpitude can trigger deportation for non-citizens, and damage relationships with the family, since these cases frequently involve relatives.

A charge is not a conviction. Many elder larceny cases involve real disputes over authorization or use of funds that were transferred for legitimate purposes. The strength of the Commonwealth's case depends on whether the prosecution can actually prove an intent to permanently deprive, not just an unhappy family member or a paper trail that looks suspicious in hindsight.

Right now this may feel hopeless, especially if family members are pressing the charges. It is not. Elder larceny cases often have strong factual defenses that can be developed once the underlying relationships and transactions are properly investigated. Possible defenses include:

‍Authorization or consent. If the alleged victim authorized the transaction, gift, or use of funds, there is no larceny. This includes verbal authorization, course-of-dealing patterns, and authorization by power of attorney.

‍Honest claim of right. If a defendant honestly believed they had a right to the property, even if mistaken, the specific intent to steal is negated under Commonwealth v. Liebenow.

‍Lack of intent to permanently deprive. Borrowing, loan arrangements, repayment for past services or expenses, and intent to return funds can all defeat the intent element.

‍Capacity questions. Where the alleged victim has cognitive impairment, the defense may turn on whether the alleged victim consented at a time when they had the capacity to do so. Capacity at the time of the transaction matters, not capacity at the time of the complaint.

‍Knowledge of disability. For charges based on disability, the Commonwealth must prove the defendant knew or should have known of the disability. Genuine lack of awareness is a defense.

‍Charge reduction. In some cases, factual development supports reducing an enhanced elder larceny charge to ordinary larceny, which carries far less serious penalties when value is under $1,200. Every case is different.

Call (978) 705-4537 to discuss your situation and your options.

If you have just been arrested, released, or received a summons, take a breath. Here is what you need to do right now.

● Don't talk to police without a lawyer present, even if they suggest the matter can be cleared up easily
● Don't discuss your case with anyone except your attorney, including family members involved in the dispute
● Don't contact the alleged victim or other family members who may be witnesses
● Preserve all financial records including bank statements, checks, receipts, text messages, emails, and any documentation of the transactions at issue
● Preserve power of attorney documents caregiver agreements, payment records, and any written authorization for transactions
● Write down everything you remember about the financial relationship, the timeline of transactions, and any discussions about money
● Don't post anything about your case or the alleged victim on social media
● Follow all court orders including any stay-away orders or restrictions on contact
● Contact an experienced Massachusetts criminal defense attorney as soon as possible

‍Call (978) 705-4537 for a free consultation 24/7.

Acting quickly gives your attorney the best chance to investigate, gather records, and identify witnesses who can speak to authorized transactions or the actual financial relationship.