Theft Crimes Defense Attorney Massachusetts

Theft crimes in Massachusetts span a wide range, from misdemeanor larceny under $1,200 to armed robbery and burglary carrying life in state prison. We defend individuals charged with all forms of theft offenses in Essex County and throughout Eastern Massachusetts.

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

Theft charges in Massachusetts vary enormously, and the specific statute charged determines whether you are facing a misdemeanor with a fine or a felony with mandatory state prison time. We have defended people facing theft charges for over 30 years in Massachusetts courts.

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

If you are looking at charging documents involving theft, the first thing to understand is that "theft" is not a single charge in Massachusetts. It is a category that contains many distinct offenses, each with its own statute, elements, and penalty structure. The charge filed against you turns on what was taken, how it was taken, who it was taken from, and whether force or threat was involved.

Massachusetts recognizes eight major categories of theft offense, ranging from misdemeanor larceny under $1,200 to armed robbery and burglary carrying life in state prison. Each is covered on a dedicated page that explains the elements, penalties, defenses, and immediate next steps.

Larceny under M.G.L. c. 266, § 30 is the foundational theft offense in Massachusetts. It covers stealing, false pretenses, embezzlement, and conversion, with penalties depending on the value of the property: more than $1,200 is a felony, $1,200 or less is a misdemeanor. Larceny of a firearm is a felony regardless of value.

Larceny from a person under M.G.L. c. 266, § 25 covers taking property directly from someone's body or immediate area of control, such as pickpocketing. Unlike general larceny, this offense is a felony regardless of the value of the property taken, with up to 5 years in state prison. Aggravated penalties apply when the alleged victim is 65 or older.

Elder larceny under M.G.L. c. 266, § 30(5) imposes enhanced penalties when the alleged victim is 60 or older or has a disability. Property over $250 carries up to 10 years in state prison, double the maximum for ordinary larceny. Many of these cases arise from family financial disputes, caregiver relationships, or power-of-attorney arrangements.

Larceny by check under M.G.L. c. 266, § 37 covers writing or passing a check with intent to defraud and knowledge of insufficient funds. Penalties scale to the value of property obtained, with the same $1,200 felony threshold as general larceny. Not every bounced check is a crime: the Commonwealth must prove a specific intent to defraud, and the Massachusetts SJC tightened that requirement in 2017.

Motor vehicle theft under M.G.L. c. 266, § 28 is a felony carrying up to 15 years in state prison, plus a mandatory 1-year license suspension on a first offense and 5 years on a subsequent. A second conviction triggers a mandatory minimum 1-year sentence. The statute also covers possessing a stolen vehicle, maliciously damaging a vehicle, and stripping parts.

Receiving stolen property under M.G.L. c. 266, § 60 covers buying, receiving, or possessing property that the defendant knew or had reason to know was stolen. Knowledge is the central element, and good-faith purchases without reason to suspect theft are not crimes. Property over $1,200 makes the offense a felony with up to 5 years in state prison.

Robbery is theft committed through force, violence, or fear under M.G.L. c. 265, §§ 17 and 19. It is one of the most serious offense categories in Massachusetts, with armed robbery and unarmed robbery both carrying maximum penalties of life in state prison. Mandatory minimum sentences apply when a firearm is involved, when the defendant was masked, and on subsequent convictions when the alleged victim was 60 or older. Carjacking under § 21A is a related robbery offense specific to motor vehicles.

Breaking and entering and burglary under M.G.L. c. 266, §§ 14 through 18A cover unauthorized entry into a building, vehicle, or vessel with intent to commit a crime. Penalties depend on the time of day, the type of structure, whether anyone was present, and whether the defendant was armed: armed burglary carries a mandatory minimum 10 years in state prison, while breaking and entering with intent to commit a misdemeanor under § 16A is a misdemeanor with a 6-month maximum.

We know you are already worried about what could happen, and the breadth of the theft category makes it hard to know where your case actually falls on the seriousness scale. The exact consequences depend entirely on which statute has been charged, the value involved, the alleged victim's status, and whether force or a weapon was used.

Misdemeanor larceny under $1,200 carries up to 1 year in jail or a fine of up to $1,500. Felony larceny over $1,200 carries up to 5 years in state prison or up to 2 years in jail with a fine up to $25,000. Larceny from a person, motor vehicle theft, and receiving felony-level stolen property each carry felony exposure with maximum sentences from 5 to 15 years in state prison. Robbery and burglary are at the top of the scale: armed robbery and unarmed robbery both carry up to life in state prison, and armed burglary upon conviction imposes a mandatory minimum 10 years (15 with a firearm, 20 on a subsequent offense).

Beyond direct sentencing, theft convictions carry collateral consequences that follow a person for years. Convictions are classified as crimes involving moral turpitude, which can disqualify defendants from employment requiring background checks, professional licensure in healthcare, finance, education, and government work, and can trigger deportation for non-citizens. Robbery convictions are additionally classified as violent felonies and aggravated felonies under federal law, with permanent loss of firearms rights.

A charge is not a conviction. Theft cases turn on contested questions of intent, identification, value, knowledge that property was stolen, and the existence and use of force or a weapon. Each of these elements has to be proved beyond a reasonable doubt, and the proof is often based on circumstantial evidence that can be challenged.

Right now this may feel hopeless, especially if the charge is a felony with state prison exposure. There are real defenses available across the entire theft category, and the Commonwealth's burden is high on every element. Possible defenses include:

‍Lack of intent to permanently deprive. Every theft offense in Massachusetts requires the specific intent to permanently deprive the owner of property. Borrowing, mistake, claim of right, and intent to return all defeat this element under Commonwealth v. Liebenow.

‍Mistaken identification. Many theft cases turn on stressful, brief observations by witnesses or alleged victims, surveillance footage of variable quality, or cross-racial identification. Massachusetts courts have repeatedly recognized the unreliability of identification evidence.

‍Lack of knowledge. For receiving stolen property, larceny by check, and similar charges, the Commonwealth must prove the defendant knew or had reason to know certain facts. Genuine ignorance, even when a more careful person would have asked questions, is a defense.

‍Authorization or consent. For elder larceny and family-related cases, authorization by the alleged victim, by a power of attorney, or by an established course of dealing can defeat the offense entirely.

‍No use of force or fear. For robbery cases, the Commonwealth must prove force, violence, or threat. Without it, the case may be reducible to larceny from a person, with significantly lower exposure.

‍Constitutional violations. Stops, searches, identifications, and statements must comply with the Fourth, Fifth, and Sixth Amendments. Successful suppression motions often dismantle the prosecution's case.

‍Charge reduction strategies. Many theft cases can be reduced from felony to misdemeanor, or from one offense to a lesser-included offense (for example, robbery to larceny from a person, or armed burglary to a lesser B&E variant), based on what the evidence actually supports.

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 officers suggest you can clear things up by giving your side of the story
● Don't discuss your case with anyone except your attorney
● Don't contact the alleged victim or any potential witnesses, including family members involved in the case
● Preserve any evidence that might help your defense, including text messages, financial records, receipts, surveillance footage you have legal access to, and documentation of your whereabouts
● Write down everything you remember about the time of the alleged offense, your purpose, who you were with, and what was discussed
● Don't post anything about your case, the alleged victim, or the property involved on social media
● Follow all court orders including any stay-away orders or 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, preserve evidence before it disappears, and build the strongest possible defense.