Woburn Larceny Attorneys

Woburn Larceny Attorneys Protecting Your Rights Through Thick and Thin

If the police accuse you of stealing something and have been charged with larceny, you may not be sure what steps to take to defend yourself. You have never been to court and do not know what to expect. Worse yet, having any criminal record could affect your job, school, or future career. Do not fear; at Contant Law P.C., we are here to guide you through this challenging time.

A larceny conviction can have devastating consequences, limiting personal and professional opportunities. Our criminal defense attorneys have in-depth knowledge of the state’s criminal justice system and know what it takes to fight charges.

Read on to learn more about the different types of larceny, related charges, and some of the peculiar requirements. If you want more information, call, text, or email Contant Law, P.C. of Woburn, MA, today to schedule an appointment so we may review your legal options.

What is Larceny?

Larceny is the legal term for theft. Under Massachusetts law, an individual may be charged with larceny when they steal property owned by another person or organization with the intent to permanently deprive the rightful owner of their goods or resources.

Some terms used when discussing larceny include “property of another,” which refers to goods owned or possessed by someone other than the individual who stole the property. The “owner” is the individual who was in possession of the property before it was stolen. The word “possession ” can refer to an individual physically having the property or having a legal right to it.

Some other common larceny charges include:

Larceny by false pretenses (fraud)
Embezzlement
Larceny of a motor vehicle
Larceny by check
Shoplifting

What Determines Whether Larceny is Charged as a Felony or Misdemeanor?

In most larceny cases, the property’s value is the most significant factor in determining whether an offense should be charged as a felony or misdemeanor.

Value Under $1,200 = Misdemeanor
Value Over $1,200 = Felony

Massachusetts law also has special provisions that dictate when a theft must be charged as felony larceny, regardless of the value of the property, including:

Larceny of a motor vehicle
Larceny of a trade secret
Larceny from the person / within their immediate control (one example is pickpocketing)
Larceny from a building
Larceny from a common carrier, such as a rideshare or taxi service
Larceny from a disabled person or individual over 60 years old

The prosecutor’s job is to prove that you stole the property and its value. For example, if the prosecutor cannot prove that the property’s value is over $1,200, you cannot be found guilty of felony larceny; however, you could still be found guilty of misdemeanor larceny.

What are the Criminal Penalties for Larceny?

In Massachusetts, the criminal penalties for larceny charges depend on the type of offense and the case facts. Some of the most common larceny charges and penalties include:

Petit larceny: Misdemeanor theft of property worth less than $1200. An individual convicted of petit larceny can be sentenced to up to one year in jail, a $300 fine, and be ordered to pay restitution to the victim
Grand larceny: Felony theft of property theft of property worth more than $1200. An individual convicted of grand larceny can be sentenced to up to five years in prison, a fine of up to $25,000, and be ordered to pay restitution to the victim

Other penalties may include offenders being ordered to serve probation or participate in pre-trial diversion programs if charged with petit larceny. If convicted of grand larceny, an individual will be labeled a convicted felon. Convicted felons are legally prohibited from owning or possessing firearms and obtaining specific professional licenses. They may also encounter problems finding employment, housing, or enlisting in the military.

Is Shoplifting Considered Larceny?

Shoplifting is a common form of larceny, which involves the theft of store merchandise. Shoplifting is generally a misdemeanor. To be found guilty, you must take or conceal merchandise without the intention to pay or give it back.

An individual can also be charged with shoplifting if they:

Alter, remove, or switch price tags
Switch packages such as putting a diamond ring in the can of Pringles and then buying the Pringles
As a store employee, you intentionally charge less or fail to ring up merchandise for some acting as an accessory to the crime

It is important to note that stealing from a store does not have to be charged as shoplifting. Shoplifting is simply larceny from a store. The police can charge you with either shoplifting or larceny. They usually opt for larceny when the value of the merchandise is over $1,200, thus a felony.

What Else Do I Need to Know About Larceny?

You do not have to take the property from its owner to be charged with larceny. Still, it is considered larceny if the person you take it from someone who has superior rights to the property, such as:

A person who the owner allowed to borrow the property
A thief who stole it first, which may seem strange but true
You can be convicted of larceny for stealing contraband. One example would be if you steal from a drug dealer also called a “drug rip”
It is not larceny if you steal something you think is yours, even if you are wrong. For example, you take $50 from Bill’s kitchen counter because you think it is the money he owes you
You can be charged but not convicted of both larceny and receiving stolen property. Under the law, you cannot both steal and receive the property

If you have been charged with shoplifting, Massachusetts law allows the store to seek money from you through civil demand, even if it has recovered its merchandise. This demand is civil in nature. Paying it does not absolve you of any criminal charges that may be sought or pending. The amount of the demand is directly related to the value of the merchandise you tried to steal:

$50 for stealing merchandise worth less than $50
$250 for stealing merchandise worth more than $50 but less than $250
$500 for stealing merchandise worth more than $250

How is Stolen Property Related to Larceny?

It is important to note that receiving stolen property is closely related to larceny but is different. It usually applies when someone possesses property they know is stolen. The legal elements that must be present require that the accused:

Buy, receive, or aid in the concealment of property that has been stolen
Have actual knowledge that it is stolen

In many cases, a person is found possessing recently stolen property. The police may believe you stole the property but cannot prove you took it from the owner. State law allows you to be charged with larceny and receiving stolen property. However, the law prohibits you from being convicted as the thief and the property receiver.

Like larceny, with certain exceptions, the property’s value (over or under $1,200) determines whether the offense is charged as a felony or a misdemeanor.

Why Should I Choose Your Woburn Larceny Lawyers to Represent Me?

For more than 26 years, Contant Law P.C. has defended people accused of larceny and related charges. If you have been accused of taking someone else’s property, you must have an experienced attorney on your side who will help you avoid a criminal conviction. A theft conviction will make obtaining gainful employment and achieving your life goals challenging

We are experienced criminal defense lawyers from Woburn, Massachusetts. We have in-depth knowledge of the state’s criminal justice system and know what it takes to fight charges. Our attorneys have a proven record of helping clients with their criminal matters in Woburn district court and will fight to protect your rights.

Our highly experienced lawyers are dedicated to helping you protect your freedom and reputation. Let us guide you through this trying time and get the best possible outcome. Call, text, or email us at Contant Law P.C. by calling (617) 221-8221 to make an appointment to discuss your case.