Larceny in Massachusetts is the unlawful taking and carrying away of someone else’s property with the intent to permanently deprive the owner of it. It can be classified into various degrees based on the value of the property stolen. If the value exceeds $1,200, it’s considered larceny over $1,200, a felony. If the value is $1,200 or less, it’s larceny under $1,200, typically a misdemeanor. Penalties can include fines, imprisonment, or both, depending on the severity and the specific circumstances of the crime.
What Are Larceny Charges in Massachusetts?
Larceny charges in Massachusetts can range from petty larceny to grand larceny, depending on the value of the property stolen. If the value of the stolen property is $1,200 or less, the charge is usually considered petty larceny, which is a misdemeanor. However, if the property value exceeds $1,200, the charge escalates to grand larceny, which is a felony under Massachusetts General Laws Chapter 266, Section 30. It’s important to understand that even a misdemeanor larceny charge can have serious consequences, including fines, community service, and a potential jail sentence in a house of correction.
Elements of Larceny in Massachusetts
In order to find you guilty of larceny in Massachusetts, the Commonwealth must prove 3 things beyond a reasonable doubt:
- That you took and carried away property,
- That the property was owned or possessed by someone other than you, and
- That you did so with the intent to permanently deprive the rightful owner of that property.
The value of the property is also crucial, as it determines whether the charge is a misdemeanor or a felony. Understanding these elements can help you build a strong defense and challenge the prosecution’s case.
What Are The Penalties for Larceny in Massachusetts
The penalties for larceny in Massachusetts are determined by the value of the property stolen and the specific circumstances of the case. For petty larceny (larceny under $1,200), you may face up to one year in a house of correction and a fine of up to $1,500. On the other hand, a grand larceny (larceny over $1,200) conviction can lead to more severe penalties, including up to five years in state prison or up to two and one-half years in a house of correction, along with significant fines. The criminal record that accompanies a larceny conviction can also impact your future employment opportunities and other aspects of your life.
Is Larceny Over $1,200 a Felony in Massachusetts?
Larceny by Single Scheme in Massachusetts
Larceny by a single scheme occurs when multiple thefts are committed as part of a single plan or scheme. Under Massachusetts law, these thefts can be added together to increase the value of the stolen property, potentially elevating the charge from a misdemeanor to a felony.
This type of larceny is treated seriously by the courts, as it indicates a premeditated effort to defraud the victim.
In addition to the 3 elements of larceny mentioned above, the Commonwealth must prove that during a specific period of time, you acted out of a single, continuing intent to steal.
If convicted, the penalties can be just as severe as those for grand larceny (larceny over $1,200), depending on the total value of the property involved.
What Is Larceny by Check in Massachusetts?
Larceny by check in Massachusetts occurs when you write a check with insufficient funds, knowing you don’t have enough money in your account to cover the payment. This crime is essentially a form of theft that involves the use of a check as the means to unlawfully obtain:
- goods,
- services, or
- money.
It’s a serious offense that can lead to legal consequences, depending on the circumstances surrounding the incident.
What Are the Elements of Larceny by Check in Massachusetts?
In order for you to be found guilty of larceny by check, the Commonwealth must prove 4 things beyond a reasonable doubt:
- That you wrote or passed a check,
- That in exchange for that check, you received something of value,
- That when you wrote or passed that check, you knew there wasn’t enough money in the account to cover the check, and
- That you did so with the intent to defraud the bank or someone else.
Is Larceny by Check a Felony in Massachusetts?
Larceny by check can be a felony or a misdemeanor, depending on the circumstances. If the value of the stolen property is less than $250, it’s a misdemeanor that carries a maximum penalty of 1 year in the House of Corrections.
If the value is over $250 or the item received in exchange for the bad check is a firearm, then it’s a felony. The maximum penalty you face is up to 5 years in the state prison or 2 years in the House of Corrections.
The penalty increases if the victim is over 60 years old or disabled. In that case, if the check is over $250, you face a maximum penalty of 10 years in the state prison. If the check is less than $250 you could be looking at 2 ½ years in the House of Corrections.
Larceny by False Pretenses in Massachusetts
Larceny by false pretenses occurs when you obtain another person’s property through deceit or fraud. This can include situations where you make a false representation or promise to gain control of someone else’s property. In Massachusetts, larceny by false pretenses is treated as a serious crime and can lead to both misdemeanor and felony charges, depending on the property’s value. The key element in these cases is proving that you intentionally deceived the victim to obtain the property.
What Are the Elements of Larceny by False Pretenses in Massachusetts?
To be convicted of larceny of false pretenses in Massachusetts, the government must prove 5 things beyond a reasonable doubt:
- That you made a false statement of fact,
- That you knew that statement was false when you made it,
- That you intended that heard the statement to rely on it,
- That the other person did rely on it, and
- That the other person gave you something of value as a result.
What Is Larceny By Stealing In a Building in Massachusetts?
Larceny by stealing in a building is a felony charge that applies when someone steals property directly from a building, such as a:
- house,
- office, or
- store.
This charge is more serious than standard larceny due to the location of the theft, and it often carries harsher penalties.
What Are the Elements of Larceny By Stealing in a Building in Massachusetts?
The prosecutor must prove 4 things beyond a reasonable doubt to find you guilty of this crime:
- That you took and carried away property,
- That the property was being kept safe by being in that building,
- That the property belonged to someone else, and
- That you intended to permanently deprive the owner of their property.
What Is the Penalty for Larceny from a Building in Massachusetts?
If you’re convicted of larceny from a building, you could face a maximum sentence of 5 years in state prison or 2 years in the House of Corrections.
What Is Embezzlement in Massachusetts?
Embezzlement is a form of larceny that involves the theft of property by someone who was entrusted with it, such as an employee or financial advisor. In Massachusetts, embezzlement is treated as a serious crime, and the penalties can be severe, depending on the value of the stolen property.
What Are the Elements of Embezzlement in Massachusetts?
You can be convicted of embezzlement if the prosecution proves 3 things beyond a reasonable doubt:
- That someone trusted you to take possession of their property,
- That you took that property and used it for your own purposes without the owner’s consent, and
- That you did so with the intent to permanently deprive the owner of their property.
What is the Penalty for Embezzlement in Massachusetts?
If the value of the items is over $250, or is a firearm, you could be looking at a maximum penalty of 5 years in the state prison or 2 ½ years in the House of Corrections.
The Statute of Limitations on Larceny in Massachusetts
The statute of limitations for larceny in Massachusetts is generally six years. This means that the state has six years from the date of the alleged crime to file charges against the defendant. However, there are exceptions to this rule, particularly in cases involving fraud or when the defendant has left the state. If the statute of limitations has expired, the defendant may have grounds to dismiss the charges. It’s important to consult with a skilled attorney to understand how the statute of limitations might apply to your case.
Defending Against Larceny Charges in Massachusetts
If you’re facing larceny charges in Massachusetts, it’s essential to understand your legal rights and options. A strong defense can make a significant difference in the outcome of your case. Common defenses include challenging the prosecution’s evidence, questioning the value of the stolen property, and proving that you did not intend to permanently deprive the owner of their property. Each larceny case is unique, and the best defense strategy will depend on the specific facts of your situation.
Conclusion
Larceny charges in Massachusetts can lead to serious consequences, including jail time, fines, and a lasting criminal record. Understanding the different types of larceny, the potential penalties, and the legal process is the first step in defending yourself against these charges. If you’re facing larceny charges, it’s crucial to act quickly and seek legal advice to protect your rights and achieve the best possible outcome.
I have been practicing law in Massachusetts since 1995. My focus is in the areas of criminal and family law. I’m dedicated to providing high-quality legal help at an affordable price. I practice throughout Massachusetts. I earned my MBA from the University of Rhode Island in 2023. I earned my JD from New England School of Law in 1994. I earned my BA from Rhode Island College in 1990.