Motor Vehicle Theft Defense Attorney Massachusetts

Motor vehicle theft in Massachusetts is a felony that carries penalties up to 15 years in state prison, automatic license suspension, and a mandatory minimum 1-year sentence on a second conviction. We defend individuals charged with motor vehicle theft in Essex County and throughout Eastern Massachusetts.

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

Motor vehicle theft charges carry serious consequences that go well beyond a typical theft case, including license suspension and a mandatory minimum sentence on a second offense. We have defended people facing motor vehicle theft charges for over 30 years in Massachusetts courts.

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

If you are looking at charging documents that mention motor vehicle theft, the law you have been charged under is M.G.L. c. 266, § 28. This statute is broad. It covers more than just driving away in someone else's car. It also covers possessing a stolen vehicle, concealing one, damaging one maliciously, and stripping parts. Each of these scenarios can result in the same statutory penalties.

Massachusetts recognizes several distinct ways a person can be charged under § 28, all sharing the same penalty structure but differing in what the Commonwealth must prove.

This is the core form of the offense. The Commonwealth must prove the defendant took and carried away a motor vehicle owned by someone else with the intent to permanently deprive the owner of the vehicle. The value of the vehicle is not an element. A car worth three hundred dollars and a car worth thirty thousand dollars are treated the same for purposes of this charge.

Section 28 also makes it a crime to buy, receive, possess, conceal, or obtain control of a motor vehicle that the person knew or had reason to know was stolen. The Commonwealth does not need to prove the defendant stole the vehicle, only that the defendant knew or had reason to know it was stolen and exercised some form of possession or control. An altered or removed vehicle identification number (VIN) is treated by the statute as prima facie evidence that the defendant knew or had reason to know the vehicle was stolen.

Maliciously damaging a motor vehicle is also charged under § 28 and carries the same penalties as stealing one. "Malice" in this context means a state of mind of cruelty, hostility, or revenge. The Commonwealth must prove the defendant acted with malice toward the owner of the vehicle, not merely that damage occurred during another act.

Taking a motor vehicle without the owner's permission and stealing any of its parts or accessories is also covered by § 28. This provision often comes into play in catalytic-converter cases and in cases involving stripped or partially-stripped vehicles. Massachusetts has additional statutes specifically addressing catalytic converters.

Use without authority, often called joyriding, is a different and less serious offense charged under M.G.L. c. 90, § 24(2)(a). The crucial difference is intent. Motor vehicle theft requires intent to permanently deprive the owner of the vehicle. Joyriding presumes only the intent to use the vehicle temporarily, with eventual return or abandonment. A first-offense joyriding charge is a misdemeanor. Whether a case is correctly charged as motor vehicle theft or joyriding often depends on circumstantial evidence about the defendant's state of mind, and challenging the intent element is a common defense strategy.

We know you are already worried about what comes next, especially because motor vehicle theft penalties are unusually steep compared to other property crimes. The penalty structure under § 28 applies regardless of the value of the vehicle and regardless of which subsection (stealing, possession, malicious damage, or stripping parts) the case is charged under.

Upon conviction, motor vehicle theft is punishable by up to 15 years in state prison or up to 2.5 years in a jail or house of correction or a fine of up to $15,000, or both fine and incarceration. A first conviction also carries a mandatory 1-year suspension of the defendant's driver's license, and a subsequent conviction carries a 5-year license suspension. Motor vehicle theft cannot be continued without a finding (CWOF), so a conviction creates a permanent felony record.

A second or subsequent conviction under § 28 carries a mandatory minimum 1-year sentence upon conviction, meaning the judge has no discretion to impose a lesser sentence. Concealing a motor vehicle thief, knowing the person is a thief, carries up to 10 years in state prison or up to 2.5 years in a jail or house of correction or a fine of up to $5,000, or both. Restitution to the owner or the owner's insurer is mandatory upon conviction.

Beyond incarceration, a felony record affects employment and professional licensure, immigration status (theft offenses are typically classified as crimes involving moral turpitude), housing, and loan applications. Many of these consequences continue long after any sentence ends. None of this is automatic. Charges can be reduced to use without authority or to misdemeanor offenses, and many defenses turn on the question of intent or knowledge that the vehicle was stolen.

Right now this may feel overwhelming, especially with the license suspension and mandatory minimum on a second offense. There are real defenses available in motor vehicle theft cases, and the prosecution's burden is high. Possible defenses include:

‍Lack of intent to permanently deprive. This is often the strongest defense. The Commonwealth must prove the defendant intended to permanently deprive the owner of the vehicle. If the defendant intended to return the vehicle, this charge does not apply, and the case may be properly charged as joyriding instead.

‍Honest claim of right. Where a defendant genuinely believed they had permission to use the vehicle, or believed the vehicle was theirs (such as in family-vehicle disputes or rental disputes), the specific intent to steal is negated under Commonwealth v. Liebenow.

‍Lack of knowledge that vehicle was stolen. For possession charges, the Commonwealth must prove the defendant knew or had reason to know the vehicle was stolen. Genuine ignorance, especially when no VIN was altered and the vehicle appeared legitimate, is a defense.

‍Mistaken identification. Many cases turn on identification by witnesses or surveillance footage. Identification evidence is well known to be unreliable.

‍Constitutional violations. Stops, searches, and seizures of vehicles are heavily regulated under the Fourth Amendment. Evidence obtained through an unlawful stop or search may be suppressed.

‍Charge reduction to use without authority. Where intent to permanently deprive cannot be shown, the case may be properly resolved as a misdemeanor joyriding charge with significantly less serious consequences.

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 by explaining how you got the vehicle
● Don't discuss your case with anyone except your attorney
● Don't drive any vehicle if your license has been suspended, even briefly, while the case is pending
● Preserve any evidence that might help your defense, including text messages, rental agreements, loan documents, communications with the registered owner, and receipts
● Write down everything you remember about how you came to be in possession of the vehicle, who you spoke with, and what you were told
● Don't post anything about your case, the vehicle, or the people involved on social media
● Follow all court orders and conditions of release
● 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 address license-suspension issues that begin upon conviction.