Lawyer for Larceny and Theft
Larceny is one of the most frequent crimes, occurring on a daily basis. This crime is most commonly known as stealing or theft. If you have been charged with this crime it is very important that you seek the counsel of an experienced Middlesex County Larceny Lawyer.
I have been defending individuals charged with larceny since 2002. I offer a free consultation, and provide affordable, tenacious representation to those charged with a crime.
What is larceny?
It is a combination of 3 offenses that people generally recognize as stealing: larceny, embezzlement, and obtaining by false pretenses. All three are understood as the unlawful taking of another property with the intent to permanently deny that person of the use of their property.
For property to be considered stolen it must be the property of another that has been taken or carried away. There are many types of property that can be stolen, including:
- Personal property
- Real property (land)
- Bills of exchange
- Book of accounts concerning money due or to be delivered
- Valuable contracts
- Electronically processed/stored data
The stolen property can be obtained in a variety of ways, including using false pretenses to gain access to otherwise inaccessible property or areas. The crime focuses on the intent to deprive another of property that lawfully belongs to them. To be held criminally liable, the government must be able to demonstrate the intent to commit the crime.
Permanent Deprivation Requirement
Larceny by false pretenses does not require the intent to permanently deprive the owner. In all other circumstances, the intent to permanently deprive can be shown by taking the property without authority and then using/disposing of it in a manner that suggests indifference as to whether it will be returned to its owner.
Value of the Property
To be considered felonious larceny, the property must have a value of over $100. The value of the property determines the punishment for the crime, not whether or not a crime has been committed. For instance, property worth a dollar, that is stolen, will still constitute larceny, it will just have a lesser sentence than more valuable property.
Larceny of Motor Vehicles
Larceny of a motor vehicle occurs when another’s car is taken with the intent to permanently deprive the owner of use of the vehicle.
Receiving Stolen Property
Often, if evidence is weak, a person will be charged with Receiving Stolen Property instead of Larceny. This is most often seen in cases involving the selling of stolen property to pawn shops where an identification of the accused at the scene of the larceny cannot be made. Despite not identifying the person as the individual who stole the property, these cases involve a person who either possesses or buys property having knowledge that the property is stolen.
In situations involving allegations that a small value of property is stolen from a store, an individual is charged with shoplifting. With effective counsel, these charges can often be dismissed in the State of Massachusetts.
What are the Penalties for Larceny in Massachusetts?
Penalties for larceny are directly related to the value of the property that was stolen and often results in imprisonment for the wrongdoer.
Please Call for a Free Consultation if You Have Been Charged with Larceny
Conviction of larceny of other crimes can have serious implications, including possible future employment. I understand, and will work vigorously in seeking the best result possible for you.
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