Larceny by Stealing
Massachusetts General Laws Chapter 266 §30 codifies the crime of larceny in Massachusetts. The law makes it a crime to steal (or to obtain by a false pretense, or to convert property with the intent to steal such property) someone else's property. Larceny of property with a value that exceeds $250 or larceny of a firearm is a felony in Massachusetts. It is punishable by up to 5 years in prison. Larceny of items with a value less than $250 is a misdemeanor and punishable by up to 1 year in jail. According to the law, the term "property" means money, bonds, promissory notes, chattels, stored data, animals and more. The term "steal" is defined as the wrongful taking of the personal property of another person, with the intent to deprive that person of such property permanently.What are the Elements of Larceny in Massachusetts?
The prosecution must prove three elements beyond a reasonable doubt to convict you of larceny by stealing.
- That you took and carried away property;
- That the property was owned or possessed by someone other than you;
- That you intended to deprive the person of the property permanently.
Taking and carrying away property can be accomplished when you physically transfer property from another person's control to your own. This occurs even if the movement of the property is slight or if it lasts for a short time. Any separation from the victim's control, no matter how slight suffices to establish "taking and carrying away". A literal carrying away of the property is not required.
Property includes money, moveable items of personal property, things that are attached to real estate. "Property of another" means that the item was owned or possessed by someone other than the defendant. The owner of property is anyone who has actual or constructive possession of the item.
The intent to permanently deprive someone of his or her property may be proven by direct or circumstantial evidence. An intent to make restitution later is not a defense to larceny by stealing.What Should My Lawyer do to Defend a Larceny Charge?
Larceny is one of the most common theft crimes charged in Massachusetts. Essentially, when someone is accused of stealing from another person he will likely be charged with larceny. Larceny cases are usually resolved without the need to go to trial. In Massachusetts a good criminal defense lawyer will be able to effectively resolve a larceny case through negotiations with the district attorney prosecuting the case or with the judge presiding over the case. Many times these cases are resolved so that you do not have a criminal record. Other times however going to trial might be the best option to pursue. People who complain that their property was stolen frequently have no proof that in fact the property was ever their’s. Many people try to manipulate the legal system to collect a debt or in retaliation for something that happened to them that is not criminal in nature. They initiate criminal actions as a means of extortion. We have successfully exploited these illicit motive at trial and won cases for our clients. Hiring the right criminal lawyer is the most important decision you will make. Call our office now to discuss your case.
Newton District Court: Charges of Felony Larceny Over $250 Do Not Issue After Clerk Magistrate Hearing
The defendant supervised the victim at a local fitness facility. Unbeknownst to the victim the defendant had taken information from the victim's employment application and obtained several high limit credit cards. The cards were used systematically and charges far exceeded $250 making the crime a felony. The Newton Police Detective generously applied for a criminal complaint for larceny over $250, G.L. c. 266 Section 30 rather than directly felony charges. Attorney Neyman was retained to represent the defendant. After a clerk magistrate hearing, no charges issued against the defendant.
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Somerville District Court: Charges of Larceny Over $250 by Single Scheme Dismissed
The defendant and several family members were involved in a dispute involving a single family home in Somerville, Massachusetts. The victims claimed that our client forged several bank documents resulting in the transfer of their home to him. They brought this to the attention of the district attorney's office. An investigation convinced the prosecution that this did in fact happen and our client was charged with felony larceny by a single scheme, violating G.L. c. 266 Section 30(1). The accused hired Attorney Stephen Neyman just after the charges issued in February of 2016. Today, Attorney Neyman got the entire case dismissed.
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Woburn District Court: Felony Charges of Forgery of a Prescription Dismissed and Pretrial Probation on Remaining Charges on Prescription Fraud Case
Our client is a sixty year old physician's assistant who was licensed to prescribe medications and also permitted to write on supervising physician's licenses. Between April 2015 and September 2015 the accused wrote twenty two prescriptions on a doctor's prescription pad, and used the prescriptions to obtain gift cards at a pharmacy providing incentives to customers who obtained their medications from that store. The gift cards exceeded $250 making the theft a felony under G.L. c. 266 Section 30. The prescription fraud and forgery charges are also felonies under G.L. c. 94C Section 33 and G.L. c. 267 Section 1 respectively. Today, Attorney Neyman was able to get pretrial probation under G.L. c. 266 Section 87 for the felony larceny and prescription fraud cases, all twenty three of them. The forgery charges were dismissed. The client will have no criminal record and will be able to work in her field again.
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