Crimes Involving “Theft”

The term “Larceny” in Massachusetts encompasses a wide variety of crimes. The general crime of larceny is defined in Massachusetts General Laws Chapter 266 Section 30. Larceny is broadly defined as the non-consensual taking of another person’s property with the intent to deprive them permanently of that property. Depending on the specific circumstances of the case, the act can be charged under any number of different statutes involving theft.  For example, larceny, shoplifting, larceny by check, larceny by scheme, any number of fraud offenses, embezzlement are all different types of “theft.”  A skilled south shore criminal defense attorney will be needed to navigate this complex area of law.

Recently, the law changed the parameters for misdemeanors and felonies. Originally, the threshold for felony theft was two-hundred fifty dollars.  The Massachusetts legislature changed that, and raised the threshold to One-Thousand Two Hundred Dollars. The maximum incarceration sentence for a felony theft is five years in prison.  The reason behind this change was that many people were prosecuted for relatively minor shoplifting offenses as felony charges.  For example, a pair of headphones can easily exceed Two-Hundred Fifty Dollars.  Larceny of a motor vehicle however will add an additionally ten years to this maximum sentence.

Fighting a Theft Charge

There are several ways to defend yourself against a theft charge.  However it is not a straightforward area of the law, and a skilled criminal attorney will be necessary to guide you through this process.

1.     Lack of intent to deprive permanently

The government bears the burden to show that you intended to permanently deprive the owner of the property.  If they cannot, the charge cannot stand.  For example, if you take someone’s car without permission but return it, or plan to return it shortly, the appropriate charge is “use without authority” as opposed to “larceny of a motor vehicle.”  The difference here is several years in prison, versus potentially none. 

2.     Consent

If you have proof that the owner consented to giving you the property in question, you cannot be convicted of a theft crime.

3.     Mere presence while theft is committed

Because theft requires intent, mere presence alone is not enough to convict you of theft.  There has to be some evidence that you intended to partake in the theft.

4.     Mistake of identity

This sounds relatively straightforward, it is the “It wasn’t me” defense.  While you are not contesting that a theft happened, a skilled attorney will be able to cast doubt on eyewitness accounts, digital evidence, or anything else that allegedly points to you as the perpetrator. 

Theft crimes can have serious ramifications on your life and liberty.  It is critical that if you are charged with a theft crime that you contact a skilled south shore criminal defense lawyer to help you through the process from start to finish to get the best result possible.