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Massachusetts G.L. c. 266, §28: Receiving Stolen Motor Vehicle
Massachusetts General Laws Chapter 266, Section 28 prohibits receiving a motor vehicle if one knows or has reason to know it was stolen.
In order to convict a defendant under the statute, the government is required to prove, beyond a reasonable doubt, that:
- The defendant bought, received, possessed, concealed, or obtained control of a motor vehicle. To prove receipt, the Commonwealth must prove that the defendant knowingly took control or custody of the vehicle. It is not necessary that the Commonwealth prove that the defendant personally possessed the vehicle, as long as it proves that the defendant knowingly exerted control over the vehicle.
- The motor vehicle was stolen.
- The defendant knew or believed that the motor vehicle had been stolen. The defendant’s presence in the vehicle is not enough to prove knowledge that the car was stolen. However, presence combined with other evidence may be enough. The Commonwealth may satisfy this element, even if the defendant did not know that the vehicle was stolen at the time of receipt, if it proves that the defendant later learned that the vehicle was stolen and decided to keep it.
This statute also governs the crimes of stealing a motor vehicle and maliciously damaging a motor vehicle.Receiving Stolen Motor Vehicle Punishment
Under the Massachusetts receiving stolen motor vehicle statute, a defendant convicted of the crime may face: (1) not more than 15 years of imprisonment in the state prison; (2) not more than two and a half (2 ½) years imprisonment in a jail or house of correction; (3) a fine of not more than fifteen thousand ($15,000) dollars; or (4) both fine and imprisonment.
Anyone convicted of a second or subsequent offense will have to serve one year in jail. This sentence is mandatory, meaning that even if the judge does not want to sentence you to jail, the law says that she or he must. These charges cannot be placed on file or continued without a finding. You need an experienced lawyer to defend you against these and all criminal charges. Massachusetts criminal defense attorney Stephen Neyman has successfully represented numerous individuals throughout the Commonwealth charged with receiving a stolen motor vehicle and all other criminal offenses. He consistently achieves exceptional results for his clients.Defenses to Receiving Stolen Motor Vehicle Charges
Attorney Neyman, one of Massachusetts’ best criminal defense lawyers, has represented countless clients accused of receiving stolen motor vehicles and other theft crimes during his decades of practice. He will pursue all viable defense strategies in his efforts to protect your rights and freedom. One such strategy may involve the issue that “an identifying number,” as referenced in the statute, is not something a reasonable person would observe. Another strategy may raise the issue that the defendant’s use of the vehicle was permissive and that claims of theft were fraudulent. Yet another strategy may involve identity issues concerning the person in receipt of the vehicle. While the possibilities are dependent upon the facts of the case, a creative and aggressive lawyer like Attorney Neyman will work tirelessly to craft a solid defense strategy.Receiving Stolen Motor Vehicle Attorney in Massachusetts (617) 263-6800
Massachusetts criminal defense attorney Stephen Neyman has represented clients charged with criminal offenses, including receipt of a stolen motor vehicle, for nearly thirty years. His experience in courts throughout Massachusetts combined with his legal and strategic knowledge routinely provides clients with excellent results. If you have been charged with receiving a motor vehicle or any other crime in Massachusetts, contact Attorney Stephen Neyman at (617) 263-6800 or send an email. You can reach Attorney Neyman’s office at any time, so do not hesitate to call day or night. As soon as you retain Attorney Neyman, he will begin working toward achieving the best possible result in your case.