Larceny by False Pretenses Defense Attorney Massachusetts
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Larceny by false pretenses in Massachusetts means obtaining property through a knowing lie about a fact that the other person relied on. Depending on the value and the alleged victim, the maximum upon conviction ranges from 1 year to 10 years in state prison. We defend people facing these charges in District and Superior Courts throughout Greater Boston and Eastern Massachusetts.
Over 30 Years Defending Larceny by False Pretenses Charges in Massachusetts Courts
Larceny by false pretenses in Massachusetts means obtaining property through a knowing lie about a fact, and it is one form of larceny. The maximum penalty upon conviction ranges from 1 year for smaller amounts to 10 years in state prison when the alleged victim is 60 or older or has a disability. We have defended people facing these charges for over 30 years throughout Greater Boston and Eastern Massachusetts, as part of our financial crimes practice.
Understanding Your Situation
A false pretenses charge can feel like being called a liar in public. Many of these cases grow out of a business deal, a loan between friends or family, or a transaction the other side later came to regret.
If you are reading this, you may be worried about your reputation, your work, or a relationship that has already been damaged. Many of the people we defend are good people who have had a really bad day, and a charge is the beginning of the story, not the end of it.
Two things about Massachusetts law surprise many people. A broken promise is not a crime by itself, and an unkept promise alone does not prove you meant to deceive anyone. But an intent to repay is not a defense, so how you respond now matters.
Understanding Larceny by False Pretenses Charges in Massachusetts
If you are looking at charging documents for larceny by false pretenses, the first thing to understand is that it is one of three ways the Commonwealth can charge larceny, alongside stealing and embezzlement. The theory it chooses decides what it has to prove.
Larceny by false pretenses requires proof of five things: a false statement of fact, that you knew or believed it was false, that you made it intending the other person to rely on it, that the person did rely on it, and that the person parted with property as a result. Related statutes cover obtaining a signature, credit, or other financial benefits by false pretenses.
Larceny by False Pretenses
Larceny by false pretenses is punished under the same general larceny statute as stealing and embezzlement. Upon conviction, property worth more than $1,200, or any firearm, is a felony carrying up to 5 years in state prison, or a fine of up to $25,000 and up to 2 years in jail. Property worth $1,200 or less is a misdemeanor carrying up to 1 year in jail or a fine of up to $1,500.
The statement must be one of fact. An opinion or a sales pitch is generally not enough, unless it is presented as knowledge of a fact. The false statement must also have mattered to the decision, although it does not have to be the only reason the person handed over the property.
Promises are more complicated. A promise that later goes unkept is not proof of a crime, and intent to deceive cannot be inferred from the broken promise alone. But making a promise you already intend not to keep can itself be a false statement, so what you intended at the time is often the central question.
Elder Larceny by False Pretenses
When the alleged victim is 60 or older or has a disability, the penalties increase and the felony line drops to $250. Upon conviction, property worth more than $250 carries up to 10 years in state prison, up to 2 and a half years in the house of correction, a fine of up to $50,000, or a combination. Property worth $250 or less carries up to 2 and a half years in the house of correction, a fine of up to $1,000, or both.
Many of these cases involve family members, partners, or trusted helpers of an older relative, where the line between authorized help with finances and misrepresentation can be unclear. We cover these cases in detail on our elder larceny page.
Obtaining Signature by False Pretenses
Obtaining a signature by false pretenses is a separate offense. The Commonwealth must prove four things: that you obtained someone's signature on a written instrument, that the instrument is one whose false making would be a forgery, that you obtained the signature by a false pretense, and that you intended to defraud.
Upon conviction, it carries up to 10 years in state prison, or a fine of up to $500 and up to 2 years in jail. That is a higher maximum than general larceny. The instruments it reaches are the kinds of documents covered by the forgery statute, which we explain on our forgery and uttering page.
False Pretenses Relating to Contracts, Banking, or Credit
A related statute treats certain financial deceptions as larceny. It covers using a false pretense, with intent to defraud, to obtain the making, acceptance, or endorsement of a bill of exchange or promissory note, the release or substitution of collateral, an extension of time to pay an obligation, or the release or alteration of a written contract obligation.
It also covers obtaining credit from a bank, mortgage lender, or retail seller through a false written statement about your own or someone else's financial condition or ability to pay. Because these offenses are punished as larceny, the same value-based penalties apply.
Inducement to Part with Property by False Pretense
Another statute makes it larceny to induce someone, with intent to defraud and by a false pretense, to part with property of any kind or with the financial benefits described above. It carries no separate penalty of its own and is punished as larceny.
The Exemption for Statements About Ability to Pay
Massachusetts law contains an exemption many people do not know about. The false pretenses and signature statutes do not apply to a purchase made through a false statement about the buyer's means or ability to pay, where payment is not due until after the property is delivered, unless the false statement was in writing and signed by the buyer.
In other words, a spoken misstatement about your ability to pay, made in a purchase on credit, is not larceny by false pretenses under those statutes. Whether the exemption applies depends on the exact terms of the purchase and what was put in writing.
Potential Consequences Under Massachusetts Law
We know you are already worried about what could happen, particularly if the alleged loss is large or the other side has been building a case for months. The consequences depend on which statute is charged, the value involved, and the age or disability status of the alleged victim.
Felony or misdemeanor: False pretenses involving more than $1,200, or more than $250 where the alleged victim is 60 or older or has a disability, is a felony. Smaller amounts are misdemeanors, and the jury decides value beyond a reasonable doubt.
Maximum penalties upon conviction: They range from 1 year for the misdemeanor forms to 5 years in state prison for most felony cases, and 10 years for elder cases and for obtaining a signature by false pretenses.
Restitution: Anyone who lost money has a legal right to ask that repayment be ordered as part of any disposition. An intent to repay is not a defense to the charge, so any repayment should be discussed with your lawyer first.
Resolution without a conviction: In the District Court, a continuance without a finding may be available. The case is continued on conditions and dismissed if those conditions are met, with no conviction entered.
Your record: A conviction can generally be sealed after 3 years for a misdemeanor and 7 years for a felony if other conditions are met, which we explain on our record sealing page.
Work and immigration: Because false pretenses involves dishonesty, a conviction can affect professional licenses and jobs that depend on trust. If you are not a U.S. citizen, even an admission to sufficient facts can carry immigration consequences, so that must be reviewed before any plea.
A charge is not a conviction. The Commonwealth must prove every element beyond a reasonable doubt, and these cases usually turn on what you knew and intended when you made the statement.
Possible Defenses Under Massachusetts Law
Right now this may feel hopeless, especially if the other side has emails or documents that look bad out of context. Those documents show what was said, but not necessarily what you knew or intended, and those are what the Commonwealth has to prove.
No false statement of fact: Opinions, predictions, and sales talk are generally not false statements of fact. A promise that later goes unkept is not enough by itself, because intent to deceive cannot be inferred from the broken promise alone.
You believed it was true: The Commonwealth must prove you knew or believed the statement was false when you made it. An honest mistake, or a belief that later turned out to be wrong, does not meet that element.
No reliance: The other person must actually have relied on the statement. If they already knew the truth, or made their decision for reasons that had nothing to do with it, the reliance element is in doubt.
The ability-to-pay exemption: A spoken misstatement about your means or ability to pay, made in a purchase where payment comes after delivery, is not covered by these statutes unless it was in a signed writing.
A civil dispute, not a crime: Many cases grow out of contracts, business deals, or family loans that went wrong. A broken deal is not a crime without proof of a knowing false statement made to get the other person to rely on it.
Disputed value: The felony line depends on value, and the Commonwealth must prove value beyond a reasonable doubt. Valuation disputes can turn a felony into a misdemeanor.
Unlawful searches and statements: Searches of phones, computers, and homes must comply with constitutional protections, and statements made to police can raise constitutional issues too. Evidence gathered unlawfully can be challenged and, in some cases, suppressed.
Every case is different, and the right defense depends on your facts. Call (978) 969-2890 to talk through yours.
When a False Pretenses Case Starts Before Any Charge
Many false pretenses cases begin with a demand letter, a complaint from the other party, or a call from a detective rather than an arrest. What you do in that stretch can shape everything that follows, and it is often where a lawyer can do the most good.
The Clerk Magistrate Hearing
When someone who has not been arrested is accused of a misdemeanor in the District Court, Massachusetts law gives that person the right to be heard, personally or through a lawyer, before a criminal complaint issues. For a felony, the hearing is required if the police request one and is otherwise up to the court.
The question at the hearing is whether there is probable cause to believe you committed the offense. If there is not, the complaint should not issue and no criminal case begins. If you receive a notice of a hearing, speak with a lawyer before the date.
Demand Letters, Repayment, and Your Records
The other side may send a demand letter or suggest that repaying the money will make the problem go away. Because an intent to repay is not a defense to the charge, any repayment or written response should be planned with your lawyer rather than sent in a hurry.
Leave your records alone. Massachusetts makes it a crime to alter, destroy, or conceal a record or document with the intent to impair its use in an official proceeding, so keep documents, devices, and accounts exactly as they are and let your lawyer handle what is preserved and produced.
If You've Just Been Charged with Larceny by False Pretenses
If you have just been arrested, received a summons or a notice of a clerk magistrate hearing, or received a demand letter or a call from a detective, take a breath. Here is what matters most 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 talking with a lawyer. Repayment can sometimes help, but an intent to repay is not a defense, and its timing and form matter
● 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. Altering records to impair their use in a court proceeding is itself a crime
● 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) 969-2890 for a free, confidential consultation. Phones answered 24/7 by a real person.
Acting early gives your lawyer time to respond before any complaint issues, protect helpful evidence, and prepare your defense. You do not have to go through this alone.
● 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 talking with a lawyer. Repayment can sometimes help, but an intent to repay is not a defense, and its timing and form matter
● 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. Altering records to impair their use in a court proceeding is itself a crime
● 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) 969-2890 for a free, confidential consultation. Phones answered 24/7 by a real person.
Acting early gives your lawyer time to respond before any complaint issues, protect helpful evidence, and prepare your defense. You do not have to go through this alone.
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What to Expect When You Call
We know this call is hard to make. You may feel embarrassed, worried about your reputation, or unsure of what to say. That is okay. You do not need to have the right words.
● We will listen to your story and answer your questions
● We will explain the specific false pretenses charge and what the Commonwealth must prove
● We will discuss possible defense strategies and resolution options for your specific situation
● We will explain how an investigation might be addressed before formal charges issue
● We will explain the line between civil dispute and criminal false pretenses, and where your case falls
● We will explain our approach and how we can help you through this
● Everything you tell us is confidential
● There is no obligation to hire us
You do not need to have the answers. Just call, and we will take it from there. Phones answered 24/7 by a real person. Free, confidential consultation.
● We will listen to your story and answer your questions
● We will explain the specific false pretenses charge and what the Commonwealth must prove
● We will discuss possible defense strategies and resolution options for your specific situation
● We will explain how an investigation might be addressed before formal charges issue
● We will explain the line between civil dispute and criminal false pretenses, and where your case falls
● We will explain our approach and how we can help you through this
● Everything you tell us is confidential
● There is no obligation to hire us
You do not need to have the answers. Just call, and we will take it from there. Phones answered 24/7 by a real person. Free, confidential consultation.
We'll Get You Through the Storm
Larceny by false pretenses charges demand experienced legal representation. We can help you through this storm.
Call (978) 969-2890 for a free consultation.
Over 30 years of Massachusetts criminal defense experience. Serving Greater Boston and Eastern Massachusetts including Beverly, Salem, Lynn, Peabody, Gloucester, Newburyport, Lawrence, and Haverhill.
Call (978) 969-2890 for a free consultation.
Over 30 years of Massachusetts criminal defense experience. Serving Greater Boston and Eastern Massachusetts including Beverly, Salem, Lynn, Peabody, Gloucester, Newburyport, Lawrence, and Haverhill.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
