Larceny

If you or someone you love has been arrested or charged with petty larceny, grand larceny or embezzlement, it is important that you hire an experienced and aggressive Massachusetts Criminal Defense Larceny Lawyer to defend you. Kathleen McCarthy is a former Boston Assistant District Attorney and a Criminal Defense Lawyer, committed to fighting for her clients’ rights and futures.

Contact Massachusetts Criminal Defense Larceny Lawyer Kathleen McCarthy. She will explain the charges of larceny, how the prosecution will try the case, what your choices are, and how she can help you during this difficult time.

The crime of larceny falls into the categories of a theft or property crime. Larceny is defined as the taking someone's personal property without consent with the intent to permanently deprive the victim of the ownership or use of that property. In Massachusetts, petty larceny is used when the property is valued less than $250 and is charged as a misdemeanor, and grand larceny, a felony crime, when the property is worth over $250.

At trial, the Commonwealth must prove beyond a reasonable doubt that the defendant took the property; that the property was owned by someone other than the defendant; and that when the item was taken the defendant (at that moment in time) had the intention to permanently deprive the rightful owner of the use of the property.

In order to establish that the property was owned or possessed by another the Commonwealth does NOT have to prove who specifically owned or possessed the property, just that it was owned or possessed by someone other than the defendant.

It is important to keep in mind that the element of “taking the property away” can be proved by the item being moved only slightly and for only a short period of time. Additionally, the “property” does not have to be property in the traditional sense. The “property” can be money, bank notes, domesticated animals and electronically stored or produced data.

To prove that the defendant “intended to permanently deprive the owner” of the property can be a source of litigation if the case goes to trial. For example, if a defendant is charged with larceny of an item that is eventually returned, an argument could be made that he or she did not have the “intent to permanently deprive the owner” of the item. However, the focus of the offense is what the defendant’s intentions were at the time of the taking—if the Commonwealth can prove beyond a reasonable doubt that at the time of the taking that intent was there but the defendant had a change of heart later—he or she can still be convicted of larceny. Obviously, no one can look directly into someone else’s mind, so to prove this element of the crime, the Commonwealth usually relies on direct evidence and inferences surrounding the circumstances of the case.

Relative to establishing the value of the property, the Commonwealth can rely on the common sense of the jurors and does not necessarily need to rely on expert testimony to establish that an item was over $250.00. Also, if the value of the item is in dispute, then the jurors are often instructed on the lesser included offense of larceny under $250.00.

What Are Some Other Types Of Theft Offenses That Someone Could Be Charged With?

Shoplifting is considered larceny, and the dollar value of the items taken determines whether or not the charge is grand larceny or petty larceny. Embezzlement, taking assets by someone who has been given access to the assets (like a bank account or store register), is another type of larceny, and the amount or value of the asset determines whether the theft is considered petty larceny or grand larceny.

An experienced and dedicated lawyer will fight to defend you from a larceny charge, negotiating with the prosecutor's office to make partial or full restitution so that charges can be reduced or dropped entirely. If this is a first offense, Kathleen McCarthy will fight to avoid your having a criminal record.

To find out what your options are, contact Massachusetts Criminal Defense Larceny Lawyer Kathleen McCarthy online or call 978-975-8060.

Kathleen McCarthy is a powerful advocate for her clients and works hard to defend their rights. She will be thoroughly and completely prepared and will use every possible means of defending you. If you have been charged with larceny, contact Massachusetts Criminal Defense Larceny Lawyer Kathleen McCarthy online or call 978-975-8060. She will respond quickly.

Case Results » Larceny
  • Clerk Declines To Issue Felony Complaint For Larceny Over $250.00

    A young college student left a local college when members of an athletic team claimed that he stole personal items from the dorm room that were valued over $250.00. The fact that the student left the school raised some eyebrows and he was summonsed in for a Clerk Magistrates hearing for larceny of property over $250.00. M.G.L. Chapter 266 Section 30.

    Attorney McCarthy interviewed the client at length. During the hearing our office emphasized the client's impressive background and lack of motive to commit the crime. The clerk did not issue the complaint and the client walked out of the courthouse relieved.

    Read More in Clerk Magistrate Hearings

  • Felony Count Of Larceny Of Motor Vehicle Dismissed By Prosecution and Operating Under The Influence Of A Controlled Substance To Be Dismissed

    While being questioned by the police, a person appearing to be under the influence of drugs or alcohol panicked and drove away in a nearby vehicle. The only problem was that the car was not his. A police chase ensued and he was pulled over in another county and eventually charged with larceny of a motor vehicle [M.G.L. ch. 266 section 28] and driving while under the influence of a drugs [M.G.L. ch 90 section 24].

    Although the wayward driver had prior entries on his record, our office negotiated a disposition in which the felony count of larceny of a motor vehicle was dismissed. The count of driving under the influence will be dismissed provided the defendant satisfies certain conditions. The relieved client t the courthouse without having to worry about the effect of a felony for future employment of academic opportunities.

    Read More in OUI

  • Clerk Declines to Issue Complaint For Larceny Over $250

    The defendant and other family went out for a day of shopping at a local mall. Unfortunately, the defendant failed to pay for the designer label items that she left the store with. After security interviewed the errant shopper, who had the merchandise on her person, a summons issued for her appearance in the local courthouse. She faced one criminal count for larceny of property over $250.00. [M.G.L. ch. 30 (1)].

    Upon receiving the summons the defendant contacted our office. Attorney McCarthy represented the defendant at the clerk's hearing. She emphasized the client's complete lack of record and highlighted that this incident was an aberration and would NEVER happen again. The Clerk declined to issue the complaint.

    Read More in Clerk Magistrate Hearings