Larceny from a Person Defense Attorney Massachusetts

Larceny from a person is a felony in Massachusetts that carries up to five years in state prison, regardless of the value of the property taken. We defend individuals charged with larceny from a person in Essex County and throughout Eastern Massachusetts.

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

Being charged with larceny from a person is serious because it is a felony, even when the property at issue is worth very little. We have defended people facing larceny from a person 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 from a person," you may be confused about what makes this charge different from regular theft. The answer is significant: under Massachusetts law, taking property directly from another person, or from their immediate area of control, is automatically a felony. The value of the property does not matter. A pickpocketed wallet with five dollars in it is treated the same as one with five hundred dollars.

Massachusetts recognizes two forms of this offense based on the age of the alleged victim. Both are felonies, but the law imposes additional consequences when the victim is 65 or older.

This offense involves taking property from the body of another person, or from their immediate area of control while they are present. Classic examples include pickpocketing and grabbing a bag from someone's shoulder. The Commonwealth must prove the defendant took and carried away property of another, from the person or from their area of control in their presence, with intent to deprive permanently. There is no force or threat element. If force or fear is used, the charge becomes unarmed robbery, which is a more serious offense.

A first conviction is punishable by up to 5 years in state prison or up to 2.5 years in a jail or house of correction. Because this is a felony, it cannot be continued without a finding (CWOF), and a conviction creates a permanent felony record that affects employment, housing, and immigration status.

When the alleged victim is 65 or older, the charge becomes an aggravated form of larceny from a person. The base penalties remain up to 5 years in state prison or up to 2.5 years in a jail or house of correction. However, a second or subsequent conviction carries a mandatory minimum sentence of 2 years upon conviction, meaning the court has no discretion to impose a lesser sentence if a person is convicted a second time.

Massachusetts juries can consider a victim's physical appearance as one factor in determining age. Appearance alone, however, is not sufficient evidence of age unless the victim is at a "marked extreme" of age, so the Commonwealth typically presents documentary or testimonial evidence of the victim's actual age.

The line between larceny from a person and unarmed robbery turns on whether force, threat, or intimidation was used. An ordinary pickpocketing where the victim was unaware, or even aware but not threatened, is typically charged as larceny from a person. A purse snatching where the victim feels the pull, or where the snatching happens fast enough to deny the victim any opportunity to resist, can be charged as unarmed robbery, which carries up to life in state prison. The factual difference is small but the legal difference is enormous, which is why the specific facts of the encounter matter so much.

Shoplifting under M.G.L. c. 266, § 30A is a separate, less serious offense. Shoplifting involves taking merchandise from a store. Larceny from a person involves taking property from the body or immediate presence of another individual. A person who slips a wallet from a customer's back pocket inside a store may be charged with larceny from a person, not shoplifting, because the property taken belonged to the customer, not the store.

We know you are already thinking about what could happen next, and the felony classification of this charge is what makes it especially worrying. Larceny from a person is a felony regardless of the dollar value involved. That single fact drives most of the consequences.

Upon conviction, larceny from a person is punishable by up to 5 years in state prison or up to 2.5 years in a jail or house of correction. The Commonwealth can also seek probation, restitution, fines, and community service as part of any sentence. When the alleged victim was 65 or older and a defendant has a prior conviction for the same offense, Massachusetts law imposes a mandatory minimum 2-year sentence upon a second conviction, meaning the judge has no discretion to impose a shorter sentence after conviction.

A felony conviction carries collateral consequences that often outlast any incarceration: difficulty finding employment, particularly in fields requiring background checks, professional licensure, or trust positions; loss of certain civil rights; potential immigration consequences for non-citizens, including deportation for what is often classified as a crime involving moral turpitude; and lasting damage to housing applications and educational opportunities.

All of that is real. None of it is automatic. A charge is not a conviction. Charges can be reduced, dismissed, resolved with diversion, or defeated at trial, and the strength of the Commonwealth's case depends on the specific facts and the quality of the defense.

Right now this may feel like there are no good options. There are. Larceny from a person cases often have factual and legal weaknesses that can be developed into a strong defense. Possible defenses include:

Mistaken identification. Many of these cases turn on a brief, stressful observation by the alleged victim or a witness. Identification evidence is notoriously unreliable, especially in crowded settings, and Massachusetts courts have recognized this in numerous cases.

‍Lack of intent to permanently deprive. The Commonwealth must prove a specific intent to permanently deprive the owner of the property. Picking up something the defendant believed was lost or abandoned, or intending to return it, can defeat this element.

‍Property was not taken from the person or area of control. Property left somewhere the alleged victim no longer had immediate control over may not satisfy the "from the person" element. The location of the property at the time of the alleged taking matters.

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

‍Constitutional violations. If the stop, search, or arrest violated the Fourth Amendment, evidence obtained as a result may be suppressed and the case may not survive.

‍Charge reduction strategies. In some cases, factual development can support reducing a felony larceny from a person charge to a misdemeanor larceny under $1,200 or to another lesser offense.

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 you can clear things up
● Don't discuss your case with anyone except your attorney
● Don't contact the alleged victim or anyone connected to the case
● Preserve any evidence that might help your defense, including receipts, text messages, surveillance you have legal access to, and documentation of where you were
● Write down everything you remember about the encounter, your location, and the people present, while it is still fresh
● Don't post anything about your case, your whereabouts, or the alleged victim on social media
● Follow all court orders and conditions of release, including any stay-away orders
● 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, identify witnesses, and preserve evidence before it disappears.