Larceny is a serious crime in Massachusetts, and it carries steep penalties for those who are convicted. If you have been charged with larceny, it is crucial to understand the potential consequences and work with a criminal defense attorney to help you build a strong defense.
What Is Larceny?
Larceny is defined as the wrongful taking, carrying away, or stealing of someone else’s property with the intent to permanently deprive the individual of it. In Massachusetts, larceny is divided into grand larceny and petit larceny. The penalties for each type of theft vary depending on the circumstances of the offense.
Penalties for Petit Larceny
Petit larceny is considered a misdemeanor in Massachusetts, and the penalties for a conviction can include the following:
– Up to one year in jail
– A fine of up to $300
– Restitution to the victim
– Probation
Penalties for Grand Larceny
The penalties for grand larceny can include the following:
– Up to five years in state prison
– A fine of up to $25,000
– Restitution to the victim
– Probation
If the value of your stolen property exceeds $50 thousand, the penalties can be even more severe. In addition to the above penalties, the defendant may be required to pay treble damages to the victim, meaning they will have to pay three times the value of your stolen property.
Defenses to Larceny Charges
If you have been charged with larceny in Massachusetts, there are several defenses that your attorney may be able to use to help you avoid a conviction. Some of the most common defenses include:
Consent
If the victim gave you permission to take the property, or if you reasonably believed that they had permitted you, you may be able to argue that you did not commit larceny.
Lack of intent
To be convicted of larceny, the prosecutor must prove that you intended to deprive the victim of their property permanently. If you took the property by mistake or with the intent to return it, you might be able to argue that you lacked the necessary intent to commit theft.
Mistaken identity
If there is any doubt about whether you were the person who committed the larceny, your attorney may be able to argue that you were mistakenly identified.
Working With a Criminal Defense Attorney
If you have been charged with larceny in Massachusetts, working with a criminal defense attorney is critical. Your attorney can review the pieces of evidence, identify weak spots in the case against you, and work to negotiate a plea agreement or fight for your rights at trial.
In addition to representing you in court, your criminal lawyer will be there to help you in understanding your legal rights and obligations, such as whether you are eligible for bail, how to handle interactions with law enforcement, and what to expect during the entire criminal justice process.
Conclusion
Larceny is a serious crime in Massachusetts that can carry steep penalties for those who are convicted. If you have been charged with larceny, selecting a skilled criminal defense attorney who can help you build your defense and defend your legal rights is vital. By understanding the potential consequences of a larceny conviction and working with an attorney to develop a defense strategy, you can improve your chances of achieving a favorable outcome in your case.
If you need a Massachusetts criminal lawyer, turn to Frank Fernandez Boston Criminal Defense Lawyer. Mr. Fernandez has been lead counsel on numerous trials with expertise in the State and Federal Courts. Attorney Frank Fernandez is fluent in Spanish and enjoys serving the Latin community as a criminal lawyer in Boston. Contact us.