Larceny By Embezzlement can be either a felony or misdemeanor in Massachusetts. It is a serious criminal charge with harsh penalties.
If you are facing theft charges in Massachusetts, Attorney Patrick Donovan, a skilled criminal lawyer, is available to assist you. Contact Attorney Donovan for support and guidance in your theft case.
Larceny By Embezzlement FAQs
What is the Larceny By Embezzlement statute In Massachusetts?
Massachusetts General Laws Chapter 266, Section 30
Is Larceny by Embezzlement different from regular Larceny?
Embezzlement differs from regular larceny in that it is committed by a person in a position of trust with regard to the property.
What are the elements of Larceny by Embezzlement?
1. You were entrusted with the property of another person or entity;
2. You took, hid, or converted that property without the owner’s consent; and
3. You had the intent to permanently deprive the owner of that property. It is not a defense to say that you intended to pay the owner back for the property you converted, or that you did not even benefit from the conversion of the property.
So long as you adversely held or used the other person’s property. So long as you had some rightful form of access to the other person’s property, and used that position of confidence to take some of all of that property without the owner’s consent you can be convicted of larceny by embezzlement.
What are the Penalties for Larceny by Embezzlement?
If the value of the property alleged to have been embezzled is greater than $250, it is a felony punishable by 5 years in state prison and/or a maximum fine of $25,000.
If the amount in question is $250 or under, however, this is a misdemeanor punishable by up to one year in jail and/or a fine of up to $300.
Legal Defenses
Defenses to a larceny by embezzlement charge can include lack of intent, mistake of fact, and consent of the owner. These defenses aim to challenge the prosecution’s case and establish that the defendant did not commit the crime as alleged. It is crucial to consult with an experienced criminal defense attorney who can thoroughly analyze the specific circumstances of the case and craft a strong defense strategy. Attorney Patrick Donovan is well-versed in defending individuals facing theft charges and can provide the necessary support and guidance throughout the legal process.
Massachusetts Criminal Attorney
Attorney Patrick Donovan is a Massachusetts criminal lawyer. He has represented many people charged with all types of theft crimes. Attorney Donovan is a former Assistant District Attorney with experience in over fifty courts.
