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Massachusetts Larceny Lawyer

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Massachusetts Larceny Attorney

A larceny case can be a very serious matter. It can be charged as a misdemeanor or as a felony depending on the circumstances. If you are charged with a Massachusetts theft or Massachusetts larceny, it can be a very serious matter with serious consequences. If you are charged with larceny, it is important to hire an experienced Massachusetts criminal defense lawyer to help you with your case.

What is Larceny in Massachusetts?

In Massachusetts, larceny is when you unlawfully take, steal or carry away someone else’s property with the intent to permanently deprive that person of their property. Larceny encompasses various forms of theft and can include simple theft to even more complex schemes that involve embezzlement or fraud.

A theft or larceny case in Massachusetts occurs when somebody takes somebody else’s property without their permission and does not give it back. A larceny by stealing, defined by Massachusetts General Laws chapter 266 § 30, is “the wrongful taking of the personal property of another person, with the intent to deprive that person of such property permanently.”

What are the Penalties for Larceny in Massachusetts?

In Massachusetts, the penalties for a larceny depend on the circumstances of the larceny, what was stolen and how much was allegedly stolen. For a basic larceny, the threshold for a felony vs. a misdemeanor is $1,200. The threshold used to be $250, however, effective April 13, 2018, the amount went up to $1,200.

Larceny Over $1,200 penalties:

  • a felony charge
  • imprisonment in the state prison for not more than five (5) years
  • a fine of not more than $2,500
  • imprisonment in jail (county House of Correction) for not more than two (2) years

Larceny Under $1,200 penalties:

  • a misdemeanor charge
  • imprisonment in jail (county House of Correction) for not more than one (1) year
  • a fine of not more than $1,500

What are some types of Larceny in Massachusetts?

Larceny is a broad category that is under theft related offenses which encompasses different methods of unlawfully taking or obtaining the property of another person. While the core concept of unlawfully taking someone else’s property is present in all types of larceny, there are different forms and each one has particular characteristics and implications.

  • Larceny by Property or Stealing
    Larceny by property is the most straightforward form of theft and it occurs when you physically take a property that belongs to someone else without their permission and with the intent of keeping the stolen item. This can include:

    • Stealing a wallet or purse
    • Stealing cash
    • Taking items from a store without paying
    • Taking items from someone else’s home or vehicle

    The penalties will depend on the value of the stolen item. If the value exceeds $1,200, the offense will be considered a felony and will result in harsher penalties. If the value is $1,200 or less, it’s usually charged as a misdemeanor.

  • Larceny by False Pretense
    Larceny by False Pretense  involves obtaining someone else’s property through deception or misrepresentation. In these cases, the offender uses false statements that they knew were false to convince a person to voluntarily transfer ownership of their property. This can include:

    • Scamming someone into transferring money
    • A false investment opportunity
    • Posing as a false charity for donations

    Larceny by false pretense is when you convince a person to willingly hand over their property because of a false statement that was told to them, making it distinct from directly taking someone else’s property.

  • Larceny by Embezzlement
    Larceny by Embezzlement occurs when you were entrusted with somebody else’s property or funds, and you unlawfully convert them for your personal use or gain without the consent of the owner. Embezzlement requires that you were in a position of trust and violated it to steal property or money. Commonly, this type of larceny occurs in workplace settings or other situations that involves trust like:

    • An employee that steals funds from a company;
    • A financial advisor that misuses a client’s money;
    • A caretaker that takes another’s finances that they control.
  • Larceny of a Motor Vehicle
    Larceny of a Motor Vehicle is a special type of larceny charge for when you steal another person’s motor vehicle. It is a felony charge. This offense is different from the charge of “Use without Authority” which applies to taking a car without intent to permanently deprive the owner of the car.
  • Larceny by Check
    Larceny by check occurs when someone knowingly 1) writes a bad check, cashes a check drawn, passes a check drawn or delivers a check drawn 2) obtains money, property or services as a result and 3) knew they didn’t have the sufficient funds to cover the check and 4) had an intent to defraud or somebody else.

More Types of Massachusetts Theft and Larceny Cases:

Massachusetts Larceny From the Person

Massachusetts Receiving Stolen Property

Massachusetts Shoplifting

Massachusetts Breaking and Entering

Depending on the circumstances, a conviction for theft or larceny can potentially lead to incarceration, a criminal record, probation and/or hefty fines and fees. The stakes are high, and you need a high-quality Massachusetts theft and larceny lawyer to help fight the charges.

We will help create a unique defense and strategy given your circumstances to help fight your charges. Do not hesitate, contact Ellison Law LLC today at 401-230-5520.

What’s the difference between Larceny, Burglary and Robbery in Massachusetts?

Although larceny, burglary and robbery involve some type of theft, they’re distinct crimes with different definitions and penalties.

  • Larceny is when you unlawfully take someone else’s property with the intent to permanently deprive them of it. Actions such as shoplifting, embezzlement or stealing valuables are examples of larceny. Larceny can be charged as a misdemeanor or a felony, depending on the value of the property.
  • Burglary can involve when you unlawfully break and enter a dwelling house at night with the intent to commit a felony.
  • Robbery, similar to larceny, is when you steal something from someone but the biggest difference is that when you rob someone you are using force, threat or intimidation. In other words, a robbery requires direct confrontation with the victim while using force to steal something.

Is Larceny a Felony or Misdemeanor in Massachusetts?

In Massachusetts, a larceny charge is classified as both: a misdemeanor or a felony, depending on the value of the stolen property and the circumstances of the crime.

If the value of the stolen property is $1,200 or less, then the larceny charge will be considered a misdemeanor. A conviction can result in up to 1 year in the House of Correction but if the value of the stolen property is over $1,200, this offense will be classified as a felony. You will face up to 5 years in the state prison or up to 2 years in the House of Correction.

There are certain types of larcenies, like stealing a motor vehicle or firearm that will be charged as a felony, regardless of the value of the property

How are larceny charges proven in Massachusetts?

In order for the prosecution to secure a larceny conviction in Massachusetts, they must prove the following three elements beyond a reasonable doubt:

  • You unlawfully took or carried away the property. This means that you physically transferred the property from the other person’s control to yours, even just for a slight moment.
  • The property belonged to someone else;
  • You intended to permanently deprive the owner of their property.

A key component of a larceny case is intent. The prosecution has to prove your intention of not returning the property. Some of the evidence they can use is witness testimony, video footage, financial records or communications such as text messages, emails or even calls.

What are the long term consequences of a Larceny Conviction in Massachusetts?

A larceny conviction in Massachusetts can have long-term consequences beyond potential jail time and fines. One of the most serious is ending up with a criminal record. This may affect employment and housing opportunities. If you have a professional license, it could have an adverse impact on your license too.

What are some defenses against a Larceny charge in Massachusetts?

If you’re accused of larceny that doesn’t mean that you will automatically be convicted. There are legal defenses that can be used to challenge the charges, depending on the circumstances.

One defense is a lack of intent, since larceny requires proof that you intended to permanently deprive the owner of their property. If the property was borrowed or mistakenly taken, this could be a potential defense. There could be a claim of ownership if you believed that you had a rightful claim to the property. If the owner gave you consent to take the property, that is another potential defense.

Another defense is mistaken identity. The person who did the theft could be somebody else and not you. A defense attorney may challenge the evidence pointing out the lack of evidence since the prosecution must prove all elements of larceny beyond a reasonable doubt. If the evidence is weak, circumstantial or based on unreliable witnesses, there could be potential defenses within the evidence that you did not commit a larceny.

What should I do if I receive a larceny charge in Massachusetts?

If you or a loved one is charged with larceny, it is important that you reach out to a Massachusetts theft and larceny lawyer to help you with your case. The attorneys at Ellison Law LLC have larceny lawyers that have helped countless clients with the convictions, transforming that negative moment in their lives into positive outcomes. Do not hesitate to contact us today at 401-230-5520.

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David gets a 5 star rating from me. He was compassionate and professional in the case against my Mother by the Commonwealth of MA. The case required a significant amount of leg work on his…

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"I first met David just before Covid 19 hit to represent me in my DMV Intoxolock violation appeal hearing. While waiting for the court date the world was shut down as well as the hearings…

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I just want to thank Mr Ellison for his outstanding legal expertise and professionalism. In the short amount of time that we have met you were quick with responses and paid attention to every detail.…

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Hands down the best. Via Google

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My first experience ever needing representation: David was engaged, responsive, and above all else empathetic to my situation. Many times I was frustrated with the process, David was there to lend an ear and offer…

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David was great. He helped proved my innocence and won my case. He also helped me with my insurance issue. I will always keep his number by my side. I would reccomend him to anybody.

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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David went above and beyond helping to resolve the matter quickly. He got the best possible outcome and was kind and easily accessible throughout the whole process. I can not recommend him more highly!

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"David Ellison worked diligently to get me a great result for my case. I would recommend his services to friends or family if they should need legal representation. Despite the circumstances, he was a pleasure…

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David has represented me on a few things, and every time he has made me feel comfortable, safe, he reassured me that It was going to be okay. He is a great lawyer, I'm so…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"David is a great lawyer but more importantly a solid and genuine human being. He was effective, engaged, and honest throughout my entire case. He gave me sound, nuanced advice and kept me in the…

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"I was referred to Dave Ellison by a colleague and he is just the most kind, genuine, and knowledgeable lawyer I've had the pleasure of working with. He treats you like a good family member…

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"I hired Attorney David Ellison to represent me on a traffic violation. My license was at risk of suspension and he immediately recognized the impact this would have on me personally and professionally. I was…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"Attorney David Elliison is top notch! He guided me through the process, told me what to expect and he did come through for me with great results! I would highly recommend." Via Google

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"David worked so hard on my case and really kept pushing for what I deserved! I can't thank him enough for always keeping me up to date and the great communication throughout this process. David…

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"Thank you attorney Allison and attorney David Ellison for their diligent work on my case. I had received a traffic violation in the State of RI and she kept me informed throughout the entire process.…

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"Attorney David Ellison was so helpful throughout the ENTIRE process of my traffic ticket case. He was so consoling and made everything understandable for me. Any questions or help that I needed even AFTER everything…

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"I had the pleasure of being represented by Allyson Quay last month. What would normally have been a stressful experience was made much easier thanks to her assistance. She is confident, reassuring and very knowledgeable.…

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"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

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"I had a great experience in working with Allyson and she did her best to get things right, I would recommend her to get tickets handled in Rhode Island." Via Google

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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"I was recently represented by David Ellison law and attained a not guilty verdict. This was vital, as school (law) was just about to start for me as well as work, and if found guilty…

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"If you're reading these reviews, I'm sure you're nervous for what's to come (whatever that may be), and you may be thinking "can they even help me?", "can I even afford the help?". With David…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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"I had the pleasure of being represented by David Ellison. He patiently and carefully listened to all the information related to my case. He explained everything to me in a way I could easily understand…

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David Ellison helped me get all legal documents together for my LLC. He was extremely time efficient and always friendly. I am very new to the small business world but he made everything super easy…

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"Best lawyer for traffic citations. He will do the most in his power and efforts to see you are much better off than going into battle alone. He is honest and didn't sell me a…

- The Best Lawyer for Traffic Citations: Highly Recommend

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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"David Ellison was great! He had a few appointments today and made sure to fit me in his schedule before hand. He made sure to go over everything with me so he knew what he…

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"Good people, professional service the best." Via Google

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"David is an amazing person. When I was 18 I was getting into my first real legal trouble, going to jail and what not. David was my court appointed attorney and I figured “I'm screwed…

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- Cares About His Clients

"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

- Takes His Job and Role in Society Very Seriously

"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Providence Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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