Dismissed - Malicious Destruction of Property Under $1,200 and Larceny Under $1,200

February 2020

Our client was charged with one count of Larceny Under $1,200 and another count of Malicious Destruction of Property Under $1,200. Both of these charges are misdemeanors with the potential consequence of jail. 

A larceny by stealing is defined as "the wrongful taking of the personal property of another person, with the intent to deprive that person of such property permanently." This definition comes from Massachusetts General Laws chapter 266 § 30.

Larceny Under $1,200 is a misdemeanor charge with the potential punishment of imprisonment in jail (county House of Correction) for not more than one (1) year and a fine of not more than $1,500. 

Malicious Destruction of Property Under $1,200 comes from Massachusetts General Laws c. 266, § 127, which punishes, "Whoever destroys or injures the personal property, dwelling house or building of another in any manner or by any means." 

Malicious Destruction of Property Under $1,200 is a misdemeanor punishable by up to 2.5 years jail in the House of Correction and a fine of 3 times the value of the damage to property. 

Our client was accused by ex-roommates of damaging property in their home along with stealing items. We hired an investigator to investigate this matter and did our own investigation separate from the police investigation. We determined that the case was worth taking to trial. 

At trial, the prosecution did not have enough evidence to proceed. As a result, both charges were dismissed. 

Practice area(s): Criminal Defense

David Ellison

Attorney David Ellison is the Founding Attorney of Ellison Law LLC.

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