Larceny Under $1200 in Massachusetts – What You to Know
Larceny under $1200 is a common theft charge in Massachusetts. It applies when someone unlawfully takes property valued at less than $1200. While it’s considered a misdemeanor, a conviction can still lead to serious consequences, including jail time, fines, and a permanent criminal record.
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Massachusetts Law on Larceny Under $1200
Under Massachusetts General Laws Chapter 266, Section 30, larceny is defined as the wrongful taking of another’s property with the intent to permanently deprive them of it. If the value of the stolen property is under $1200, the charge remains a misdemeanor.
Potential Penalties
If convicted of larceny under $1200, the penalties include:
- Up to 1 year in jail
- A fine of up to $1,500
- Restitution to the victim
- A permanent criminal record
A conviction can affect employment, housing, and future opportunities. It is crucial to have an experienced defense attorney if you are facing these charges.
Jury Instructions for Larceny Under $1200
For a conviction, the prosecution must prove beyond a reasonable doubt that:
- The defendant took property owned by someone else.
- The taking was intentional and unlawful.
- The defendant intended to permanently deprive the owner of the property.
- The property’s value was under $1200.
If any of these elements are not proven, the jury must find the defendant not guilty.
How Attorney Patrick Donovan Can Defend Your Case
Attorney Patrick Donovan is a former prosecutor with extensive experience in Massachusetts criminal defense. He has successfully defended clients facing larceny charges and understands how to challenge the prosecution’s case.
Possible Defenses:
- Lack of Intent – If the taking was accidental or there was no intent to steal, the charge may not hold.
- Mistaken Identity – If there is doubt about who committed the theft, this can be a strong defense.
- Ownership Dispute – If you believed the property was yours or had permission to take it, you may not be guilty of larceny.
- Insufficient Evidence – If the prosecution cannot prove all elements beyond a reasonable doubt, the case may be dismissed.
- Duress or Coercion – If someone forced you to commit the act, that could be a valid defense.
- Entrapment – If law enforcement induced the crime, the charges may not hold.
Collateral Consequences of a Larceny Conviction
Many people focus on the direct penalties of larceny under $1200, but the collateral consequences can be just as damaging:
- Employment Issues – Many employers run background checks, and a larceny conviction can make finding a job difficult.
- Housing Problems – Landlords may refuse to rent to someone with a theft conviction.
- Professional Licenses – Certain careers require state licensing, and a criminal record can prevent you from obtaining or renewing one.
- Immigration Consequences – If you are not a U.S. citizen, a larceny conviction can impact your immigration status, including visa renewals or green card applications.
Related Theft Crimes
Understanding related theft crimes can provide insight into the legal landscape and potential defenses.
- Larceny Over $1200 – In Massachusetts, larceny over $1200 is a felony offense. Penalties can include up to 5 years in prison and/or a fine of up to $25,000. A conviction may also result in a criminal record, which can affect future employment and housing opportunities. Learn more.
- 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. Learn more.
- Larceny by Check – The criminal penalty for larceny by check in Massachusetts is one year in jail or not more than a $1500 fine if the check was for less than $1200. For bounced checks greater than $1200, the penalty is state prison for not more than 5 years, jail for not more than 2 years, and up to a $25,000 fine. Learn more.
- Receiving Stolen Property – Receiving stolen property valued at more than $1,200 is considered a felony, while receiving stolen property valued at $1,200 or less is a misdemeanor. Learn more.
FAQs About Larceny Under $1200
Is larceny under $1200 a felony in Massachusetts?
No, larceny under $1200 is classified as a misdemeanor. However, a conviction can still lead to jail time, fines, and a criminal record.
Can larceny under $1200 be dismissed?
Yes, with the right defense strategy, charges can sometimes be dismissed due to insufficient evidence, mistaken identity, or other factors.
Will a larceny conviction stay on my record permanently?
Yes, unless you take steps to have it sealed. Massachusetts allows sealing of misdemeanor convictions after a waiting period.
Can I go to jail for larceny under $1200?
Yes, the maximum penalty includes up to one year in jail, but an experienced attorney may be able to negotiate lesser penalties.
How can Attorney Patrick Donovan help my case?
Patrick Donovan is an experienced criminal defense attorney who can challenge the prosecution’s evidence, negotiate plea deals, or fight for a dismissal in court.
What if I return the stolen item?
Returning the item may help in negotiations, but it does not automatically dismiss the charge.
How is larceny different from shoplifting?
Shoplifting involves stealing from a store and has its own legal definitions, while larceny is a broader term that covers any type of theft.
Can a minor be charged with larceny under $1200?
Yes, minors can face larceny charges, but they are typically handled in juvenile court with different penalties.
Will my case go to trial?
Not necessarily. Many cases are resolved through plea agreements, dismissals, or pretrial diversion programs.
Get Legal Help Now
A larceny charge is serious, but you don’t have to face it alone. Attorney Patrick Donovan has the skills and experience to fight for your rights and seek the best possible outcome. Contact him today for a free consultation and start building your defense.
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