Understanding Theft and Larceny Charges in Massachusetts

Theft crimes in Massachusetts are prosecuted as larceny offenses, with penalties determined by property value: petty larceny under $250 carries up to 1 year jail, while grand larceny over $250 can result in up to 5 years prison and $25,000 fines.

Legal Definition: Unlawfully taking property of another with intent to permanently deprive (M.G.L. c. 266, § 30)
Petty Larceny: Under $250 value - up to 1 year jail, $300 fine
Grand Larceny: Over $250 value - up to 5 years prison, $25,000 fine
Required Elements: Taking property, belonging to another, without permission, intent to permanently deprive
Common Types: Shoplifting, motor vehicle larceny, fraud, forgery

What Is Larceny in Massachusetts?

The term "theft" is commonly used to describe offenses involving the unlawful taking of someone else's property. In Massachusetts, such offenses are more precisely categorized under various types of larceny.

As defined by Massachusetts General Laws Chapter 266, Section 30, larceny occurs when a person takes property owned by another without their permission and with the intent to permanently deprive them of its use or ownership.

Classification Based on Property Value

The charges associated with a theft offense in Massachusetts are determined by the circumstances of the incident and the value of the property involved:

Petty Larceny (Misdemeanor) - Property valued at less than $250

- Maximum penalty: Up to 1 year in jail

- Fine: Up to $300

Grand Larceny (Felony) - Property valued at more than $250

- Maximum penalty: Up to 5 years in prison

- Fine: Up to $25,000

Elements the Prosecution Must Prove

To secure a larceny conviction, prosecutors must prove beyond a reasonable doubt:

Taking: The defendant took property

Ownership: The property belonged to another person

Lack of Permission: The taking occurred without the owner's consent

Intent: The defendant intended to permanently deprive the owner of the property

Common Types of Larceny Offenses

Shoplifting: Taking merchandise from retail stores without paying, including concealing items with intent to steal.

Larceny of a Motor Vehicle: Taking someone else's vehicle without permission, even temporarily.

Larceny of Leased or Rented Property: Failing to return leased or rented property according to agreement terms.

Larceny by Stealing: The basic form involving direct taking of another's property.

Fraud & Forgery: Using deception or false documents to obtain property or money.

Defenses to Larceny Charges

Lack of Intent

- Believed you had permission to take the property

- Intended to return the property

- Mistaken belief that property was yours

Insufficient Evidence

- Prosecution cannot prove value of property

- Lack of evidence showing you took the property

- Chain of custody problems with evidence

Mistaken Identity

- Wrong person identified as perpetrator

- Alibi evidence showing you were elsewhere

- Witness identification issues

Enhanced Penalties for Certain Circumstances

Some theft-related offenses come with heightened penalties due to their specific circumstances:

- Prior convictions can enhance sentences

- Property type (firearms, drugs) may increase penalties

- Amount stolen in cases significantly over $250

- Method used (breaking and entering, use of force)

Long-Term Consequences

Beyond immediate penalties, larceny convictions can result in:

- Permanent criminal record

- Employment difficulties especially in retail or financial sectors

- Professional license impacts

- Immigration consequences for non-citizens

- Civil restitution requirements to victims

Frequently Asked Questions

What is the difference between petty and grand larceny?

The distinction is based solely on property value. Petty larceny involves property worth less than $250 and is a misdemeanor. Grand larceny involves property worth more than $250 and is a felony with much harsher penalties.

Can I be charged with larceny if I intended to return the property?

Intent to permanently deprive is a required element. If you genuinely intended to return the property and can prove this intent, it may provide a defense to larceny charges.

What happens if the property value is disputed?

The prosecution must prove the property's value beyond a reasonable doubt. We can challenge their valuation methods, present alternative appraisals, or argue insufficient evidence of value.

Can shoplifting charges be reduced or dismissed?

Yes, with proper legal representation. First-time offenders may be eligible for pretrial diversion programs, community service, or other alternatives that can result in dismissed charges.

Will I go to jail for a first-time larceny offense?

For petty larceny, first-time offenders often receive probation or community service rather than jail time. Grand larceny carries higher stakes, but experienced defense counsel can often negotiate alternatives to incarceration.

Contact Ernest Stone Today

If you've been charged with larceny, theft, or any related offense, you need experienced legal representation. These charges can result in serious penalties and create lasting consequences for your future.

Free consultation available. Call (978) 969-2890. We're available 24/7 to respond to urgent legal matters.

H. Ernest Stone, Attorney PC
Criminal Defense

Email: es@herneststone.com
Phone: (978) 969-2890
Office: 900 Cummings Center, Suite 321-U, Beverly, Massachusetts 01915

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