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Massachusetts Shoplifting Lawyer

If you are charged with Shoplifting in Massachusetts it is important that you reach out to an experienced Massachusetts criminal defense attorney to help you craft a defense strategy for your case. Shoplifting is a criminal offense in the Commonwealth of Massachusetts. It is a serious charge that has the potential serious consequences. Attorney David Ellison is a Massachusetts criminal defense lawyer, who has represented many clients throughout his career on shoplifting charges.

What are the elements of Shoplifting in Massachusetts? 

In order to prove shoplifting, the prosecution has to prove you did the following three things:

  1. That you intentionally took possession of, carried away, or transferred OR caused to be carried away or transferred retail merchandise;
  2. That the merchandise was owned or possessed by someone other than you; and
  3. That you took possession of, carried away, or transferred OR caused to be carried away or transferred that merchandise and did so with an intent to deprive the merchant of its possession, use or benefit OR with an intent to convert it to his or her own use without having paid full value for it.

What are Some Defenses to Shoplifting? 

There are many different defenses to Massachusetts Shoplifting and each case requires a unique defense.  However, some common defenses to Shoplifting are

  • It was an accident
  • You paid for it
  • The property belonged to you
  • You thought someone else paid for the property

What are Some of the Laws for Shoplifting in Massachusetts? 

Shoplifting comes from Massachusetts General Laws chapter 266 section 30A which states “Any person who intentionally takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use of benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or 

any person who intentionally conceals upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of proceeds, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or

any person who intentionally alters, transfers or removes any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the retail value thereof; or

any person who intentionally transfers any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof; or

any person who intentionally records a value for the merchandise which is less than the actual retail value with the intention of depriving the merchant of the full retail value thereof; or

any person who intentionally removes a shopping cart from the premises of a store or other retail mercantile establishment, without the consent of the merchant given at the time of such removal, with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.”

The jury may use its common knowledge, and does not require expert evidence, in evaluating value. Commonwealth v. Hosman, 257 Mass. 379, 386 (1925); Commonwealth v. McCann, 16 Mass. App. Ct. 990, 991 (1983). 

If you or a loved one are charged with Shoplifting in Massachusetts and are in need of a Massachusetts Shoplifting attorney, please contact Massachusetts Criminal Defense Attorney David Ellison today at 401-230-5520.

Advocating For You

When you hire Attorney David Ellison, not only are you getting a skilled, experienced, and aggressive lawyer in your corner, but you're getting a lawyer who understands the importance of empathy, honesty, and trustworthiness. Attorney Ellison is a lawyer who loves to advocate for you.

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