What is the Penalty for Larceny in Massachusetts?

Written By: Matthew W. Peterson

Published: 06/08/2019

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Overview of Larceny Penalties in Massachusetts

The penalty for larceny in Massachusetts can vary from jail time to probation, depending on the circumstances of the offense and your record. At the Law Office of Matthew Peterson, we are here to guide and help you with legal matters, especially in criminal defense.

Definition of Larceny

In Massachusetts, larceny is defined as taking someone’s property without force against them or the threat of force. It can be classified as either a felony or a misdemeanor.

Classification of Larceny

Misdemeanor Larceny (Petty Larceny)

The main difference between misdemeanor larceny and felony larceny is the value of the property taken. If the property is worth less than $1,200 (unless it involves an elderly person), it is considered misdemeanor larceny. The penalties for misdemeanor larceny can include:

Jail Time: Up to one year
Fine: Up to $300

Felony Larceny (Grand Larceny)

If the property is worth more than $1,200, it is classified as felony larceny. The penalties for felony larceny can include:

Prison Time: Up to five years in Massachusetts State Prison
Fine: Up to $25,000 and additional prison time of up to two years

Special Circumstances Affecting Penalties

Larceny is punished differently if it involves specific circumstances, such as:

Theft from a common carrier
Theft of a trade secret
Theft from a person over sixty years old or a disabled person
Theft of a vehicle

Immigration Consequences

Larceny can also have severe immigration consequences for non-citizens. If you’re not a citizen and have been charged with larceny, it’s crucial to contact a Boston criminal defense lawyer who understands immigration law.

Importance of Legal Representation

If you’ve been arrested for larceny, it’s vital to start your defense immediately with a criminal defense attorney in Boston MA.

Our office is located in Boston, Massachusetts, but I handle criminal cases, including larceny, in all Massachusetts courts.

Frequently Asked Questions (FAQs) About Larceny in Massachusetts

1. What are the defenses against larceny charges in Massachusetts?

Defenses against penalty of larceny charges can include proving that you had permission to take the property, demonstrating a lack of intent to permanently deprive the owner of their property, or showing that the property was abandoned. Consulting with a criminal lawyer can help identify the best defense strategy for your case.

2. How does a prior criminal record affect larceny charges?

A prior criminal record can significantly impact the penalty for larceny. Repeat offenders may face harsher sentences, including longer jail or prison terms. Additionally, a history of similar offenses can influence the judge’s discretion during sentencing.

3. What should I do if I am falsely accused of larceny?

If you are falsely accused of larceny, it is essential to gather evidence that supports your innocence, such as alibis or witness statements. You should also contact a Boston criminal defense lawyer immediately to discuss your situation and develop a defense strategy.

4. Can larceny charges be expunged from my record in Massachusetts?

In Massachusetts, certain criminal offenses may be eligible for expungement under specific conditions. However, larceny charges typically remain on your record unless you meet particular criteria. Consulting with a lawyer can provide guidance on whether your case qualifies for expungement.

5. What happens during a larceny trial in Massachusetts?

During a larceny trial, both the prosecution and defense present evidence and witness testimonies to support their arguments. The prosecution must prove beyond a reasonable doubt that the defendant committed larceny. The trial may include jury selection, opening statements, examination of witnesses, and closing arguments before a verdict is reached.