Larceny by False Pretenses Defense Attorney Massachusetts

Right now this may feel hopeless, especially if the alleged victim has already pointed to documents that look damning out of context. There are real defenses available across the entire false pretenses category, and the Commonwealth's burden on intent and reliance is high. Possible defenses include:

‍Statement was about future conduct. False pretenses requires a statement about an existing or past fact. False promises about the future, predictions, expressions of opinion, and forward-looking representations are not crimes. The line between past fact and future conduct is often the central defense question.

‍Statement was opinion or puffery. Honest sales optimism, statements of opinion, and ordinary commercial puffery are not false pretenses. "This is a great investment" is opinion; "this property has 100 acres" is fact. Massachusetts courts have repeatedly distinguished between the two.

‍Statutory exemption under § 35. Where the alleged false pretense concerns the purchaser's means, occupation, or financial standing, the case is barred unless the misrepresentation was in a signed writing. Many oral representations about ability to pay, employment, or income fall within this exemption.

‍No reliance. The alleged victim must have actually relied on the false statement. Where the victim conducted independent investigation, where the misrepresentation was not material to the decision, or where the victim had reason to know the truth, the reliance element fails.

‍Lack of intent to defraud. Every false pretenses statute requires specific intent to defraud at the time the statement was made. Honest mistake, good faith belief in the truth of statements, evolving understanding of facts, and innocent error all defeat this element.

‍Civil dispute, not crime. Many cases reflect contractual disputes, business deals gone bad, or family financial disagreements. The line between civil dispute and criminal false pretenses turns on intent, and these cases often belong in civil court rather than criminal court.

‍Disputed valuation. Where the alleged loss is at or near a felony threshold ($1,200 generally, $250 in elder cases), or near the $10,000 aggravated-felony immigration threshold, contesting valuation can dramatically change the case.

‍Constitutional violations. Searches, statements, and document seizures during false pretenses investigations must comply with the Fourth, Fifth, and Sixth Amendments. Successful suppression motions often dismantle prosecutions.

‍Charge reduction strategies. Many false pretenses cases can be reduced from felony to misdemeanor, from one larceny theory to another, or from criminal to civil resolution depending on what the evidence supports.

Every case is different. Call (978) 705-4537 to discuss your situation and your options.

If you have just been arrested, served with a summons, contacted by an investigator, or threatened with charges by an alleged victim, take a breath. Here is what you need to do right now.

● Don't talk to investigators from any agency, the alleged victim, or the alleged victim's attorney without a lawyer present, even if you are told this is just an opportunity to clear things up
● Don't sign anything presented by the alleged victim, including general releases, repayment agreements, or admissions, without consulting an attorney
● Don't repay the alleged loss before consulting counsel. Repayment can sometimes be the right strategy, but it must be timed and structured carefully so it does not become evidence of fraudulent intent
● Don't discuss your case with anyone except your attorney, including business partners, family members, or anyone else who might later be interviewed
● Don't destroy or alter records related to the alleged transaction. Spoliation of evidence creates additional charges and converts a defensible case into an obstruction case
● Preserve all relevant records including emails, text messages, contracts, financial records, marketing materials, and any documents that might show the actual content and context of the disputed statements
● Write down everything you remember about the relevant transactions, conversations, and what was actually said about the disputed facts
● Don't post anything about your case, the alleged victim, the investigation, or the disputed transaction on social media
● Contact an experienced Massachusetts false pretenses 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 engage with prosecutors before formal charges issue, preserve favorable evidence, and build the strongest possible defense.