Larceny Defense Attorney Massachusetts

Larceny charges in Massachusetts can range from misdemeanor petty theft to serious felonies, depending on the value and type of property involved. We defend individuals facing larceny charges in Essex County and throughout Eastern Massachusetts.

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

Being charged with larceny is serious, and the choices you make right now can shape the outcome of your case. We have defended people facing theft and larceny charges for over 30 years in Massachusetts courts.

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

If you are looking at charging documents that say "larceny," you are probably trying to figure out exactly what the prosecution has to prove and how much trouble you are actually in. The answer depends on the value of the property, how the property was allegedly taken, and where the alleged theft happened. The same word, "larceny," covers a wide range of conduct in Massachusetts, from a minor mistake at a register to a complex allegation involving years of records.

Massachusetts recognizes several types of larceny charges based on how the property was taken, where it was taken, and what kind of property was involved.

This is the form of larceny most people picture when they hear the word: the wrongful taking and carrying away of someone else’s property with the intent to keep it permanently. To convict you, the prosecution must prove three things beyond a reasonable doubt: that you took and carried away property, that the property belonged to or was in the possession of someone else, and that you intended to deprive that person of it permanently. The taking does not have to be dramatic. Even a brief separation from the owner’s control can be enough.

The classification turns on value. If the property is worth $1,200 or less, larceny by stealing is a misdemeanor punishable by up to 1 year in jail or a fine of up to $1,500. If the property is worth more than $1,200, it becomes a felony punishable by up to 5 years in state prison, or up to 2 years in jail and a fine of up to $25,000. The $1,200 threshold was raised from $250 in 2018, so older information you may find online about a $250 cutoff is out of date.

Larceny by false pretenses applies the same statute to a different kind of taking. Instead of grabbing something, the accusation is that you obtained property by deception: you knowingly made a false statement of fact, you intended the other person to rely on it, that person did rely on it, and as a result that person handed over money or property. False pretenses cases often involve business deals, online transactions, applications for benefits, or claims about goods or services that did not match reality. The penalty range is the same as larceny by stealing and turns on the same $1,200 felony threshold.

Embezzlement is what gets charged when someone is accused of taking property they were already trusted with. A bookkeeper, a treasurer of an organization, a person with signature authority on an account, an employee handling cash or inventory, a fiduciary holding funds, all of these can face embezzlement charges if the prosecution believes funds or property were converted for personal use. The key feature is the position of trust: the property came into the defendant’s hands lawfully, and the alleged crime is what happened next. Embezzlement cases typically turn on detailed financial records, bank statements, and forensic accounting, which means how the case is built matters as much as the dollar amount. The penalties follow the same $1,200 misdemeanor-felony cutoff. We treat embezzlement defense in greater depth on our financial crimes page.

When a theft is alleged to have occurred inside a building, ship, or railroad car, Massachusetts treats it more seriously than ordinary larceny. Larceny in a building is a felony regardless of the value of the property taken, punishable by up to 5 years in state prison or up to 2 years in jail. The law requires that the building itself, not a particular person, was the thing protecting the property. A theft from inside a store, an office, or a warehouse can be charged this way even when the dollar amount is small.

Larceny involving a firearm is a felony regardless of the value of the firearm, punishable by up to 5 years in state prison, or up to 2 years in jail and a fine of up to $25,000. Firearm larceny charges almost always carry collateral consequences for firearm rights and licensing on top of the criminal exposure.

If multiple smaller thefts are alleged to be part of one continuing plan, the prosecution can add the values together and charge a single count of larceny by single scheme. This matters because individual thefts that would each be misdemeanors may add up to a felony amount. The Commonwealth has to prove the thefts were connected by one continuing intent, not separately motivated incidents. Challenging that connection is often a central part of the defense.

We know you are already thinking about what a conviction could mean for your job, your record, and your life. The classification of the charge matters because it determines both the potential penalties and the lasting impact.

A misdemeanor larceny conviction (property valued at $1,200 or less, with no special factors like a building or firearm) can be punished by up to 1 year in jail or a fine of up to $1,500. A felony larceny conviction (property over $1,200, a firearm, larceny in a building, or a trade secret) can be punished by up to 5 years in state prison, or up to 2 years in jail and a fine of up to $25,000. Restitution is almost always part of the conversation in larceny cases and often shapes plea offers and sentences.

Beyond the courtroom, larceny convictions are particularly damaging because they go to honesty. Employers, professional licensing boards, landlords, and immigration authorities all treat theft offenses as crimes involving moral turpitude. A conviction can affect job applications, professional licenses (medical, nursing, teaching, financial services, legal), security clearances, and immigration status. For non-citizens, even a single misdemeanor larceny can have serious immigration consequences.

The first thing worth knowing is that a charge is not a conviction. Massachusetts law allows for several outcomes short of a guilty finding, including dismissal, reduction of charges, pretrial probation, and continuances without a finding (CWOF), which avoid a conviction on your record if you complete the conditions. The right path depends on the facts of your case.

Right now it may feel like the case against you is overwhelming. It often is not. Larceny cases turn on intent, identification, value, and possession, and each of those elements can be challenged.

‍Lack of intent to deprive permanently. Larceny requires a specific intent to keep the property permanently. If you took something believing you had permission, intended to return it, or believed it had been abandoned, the intent element fails. Mistake-of-fact defenses are common in larceny cases and frequently successful.

‍Honest claim of right. If you took the property in an honest belief that it belonged to you or that you had a legal right to it, that belief negates criminal intent. The claim does not have to be correct, only honestly held.

‍Insufficient evidence of identification or possession. The prosecution has to prove you are the person who took the property. Surveillance video, eyewitness identification, and circumstantial possession evidence can all be challenged, especially when the original investigation was rushed or incomplete.

‍Challenging the value. In a borderline felony case, the difference between $1,200 and $1,201 can be the difference between a misdemeanor and a felony. Prosecutors sometimes overstate value, group items improperly, or rely on retail price when fair market value is the right measure. Forcing the Commonwealth to prove value precisely can convert a felony into a misdemeanor.

‍Challenging a single scheme theory. When the prosecution combines multiple incidents into one charge to reach a felony amount, the defense can attack the connection between incidents and force the Commonwealth to prove a single, continuing intent.

‍Constitutional violations. Searches, seizures, statements made to police, and the way evidence was collected are all subject to legal challenge. Evidence obtained in violation of your rights can be suppressed.

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 or investigators without a lawyer present
● Don’t discuss your case with anyone except your attorney
● Don’t try to contact the alleged victim, the store, the employer, or anyone else involved in the allegation
● Don’t post anything about your case, the alleged incident, or the people involved on social media
● Preserve any evidence that might help your case, including text messages, emails, receipts, financial records, and any surveillance video you may have access to
● Write down everything you remember about the incident while it is fresh, including dates, times, and the names of any witnesses
● Follow all court orders and conditions of release
● Contact an experienced Massachusetts criminal defense attorney immediately

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

The first decisions you make in a larceny case are often the most important. Getting an attorney involved early gives you the best chance to shape the outcome.