Defending Against Larceny by False Pretenses in Massachusetts
If you’re facing a Larceny by False Pretenses charge in Massachusetts, you need to understand what you’re up against. Massachusetts law treats this offense seriously, and a conviction can result in severe penalties, including jail time, probation, and fines. Hiring an experienced Massachusetts Criminal Lawyer like Patrick Donovan can make all the difference in building a strong defense.
What is Larceny by False Pretenses in Massachusetts?
Larceny by False Pretenses occurs when someone obtains money, goods, or services by intentionally misrepresenting a material fact. Unlike other forms of theft, this crime involves deception rather than physical taking. Common examples include:
- Selling fake or non-existent products or services
- Misrepresenting financial conditions to obtain loans or credit
- Identity fraud schemes
- Falsely claiming property ownership to sell it
- Investment scams promising false returns
The key factor is that the victim voluntarily hands over property or money based on false information. If the deception had not occurred, the transaction would not have taken place.
Massachusetts Jury Instructions on Larceny by False Pretenses
The Massachusetts Jury Instructions require prosecutors to prove larceny beyond a reasonable doubt by establishing:
- False Representation – The defendant knowingly made a false statement of fact.
- Intent to Defraud – The defendant intended to deceive the victim.
- Reliance by the Victim – The victim believed the false statement and relied on it.
- Transfer of Property – The victim voluntarily gave up property, money, or something of value due to the deception.
Under M.G.L. c. 266, § 30, if the stolen property is valued over $1,200, the charge is a felony with penalties of up to five years in state prison. If the value is below $1,200, it is a misdemeanor punishable by up to one year in jail.
Notable Massachusetts Cases
Commonwealth v. Mills (2016)
This case emphasized that a false statement must be about a past or present fact, not a future promise. A conviction was overturned because the defendant’s false claim was about a future investment return, not an existing fact.
Commonwealth v. Carter (2019)
The Massachusetts Appeals Court ruled that intent to defraud must be proven with direct or circumstantial evidence. A defendant’s claim of misunderstanding financial records was deemed insufficient for conviction.
Commonwealth v. Bennett (2021)
A defendant was convicted for selling a property they did not own. The case clarified that misrepresenting legal ownership to induce a sale meets the elements of false pretenses.
Defenses to Larceny by False Pretenses
Several defenses can be used to challenge these charges:
1. No Intent to Defraud
If you did not knowingly make a false statement, you cannot be convicted. Honest mistakes or misunderstandings are not crimes.
2. Lack of Reliance
The prosecution must prove that the victim relied on the false statement. If the victim did not believe the claim or conducted independent verification, the charge may not hold.
3. No False Statement of Fact
A false promise about the future is not the same as a misrepresentation of an existing fact. If the claim was about future success or an opinion, it may not meet the legal definition of false pretenses.
4. Insufficient Evidence
Weak or missing evidence can result in dismissal. If financial records are unclear or witness testimony is unreliable, the case may fall apart.
5. Coercion or Duress
If you were pressured or forced into making a false statement, that may serve as a legal defense.
6. Challenge the Valuation
If the amount allegedly stolen cannot be proven, the charge may be reduced from a felony to a misdemeanor.
Potential Penalties for Larceny by False Pretenses
| Charge Level | Stolen Amount | Penalty |
|---|---|---|
| Misdemeanor | Under $1,200 | Up to 1 year in jail, fines |
| Felony | Over $1,200 | Up to 5 years in prison, higher fines |
| Aggravated Felony | Over $10,000 | Enhanced penalties, longer sentences |
Why You Need a Massachusetts Criminal Lawyer
Larceny by False Pretenses cases can be complex. An experienced Massachusetts Criminal Attorney like Patrick Donovan knows how to challenge the prosecution’s case, negotiate plea deals, and argue for case dismissals.
Hiring a lawyer can help:
- Reduce or dismiss charges
- Challenge evidence
- Negotiate plea agreements
- Present a strong defense in court
- Fight for alternative sentencing, such as probation instead of jail time
For expert legal assistance, visit Patrick Donovan’s website.
Frequently Asked Questions (FAQs)
What if I repaid the money?
Repayment can be used in plea negotiations but does not automatically eliminate criminal charges.
Can I get a plea deal?
Yes. Many cases resolve through plea bargains that reduce penalties or result in probation instead of jail time.
Will a conviction stay on my record?
A felony conviction stays on your record permanently unless sealed or expunged. A Massachusetts Criminal Lawyer can help explore record-clearing options.
What if the victim did not suffer a financial loss?
Even if no financial harm occurred, a charge may still stand if the false statement caused the victim to transfer property.
Can Larceny by False Pretenses be a federal offense?
Yes, if interstate fraud, wire fraud, or government fraud is involved, federal charges may apply, leading to harsher penalties.
Get Legal Help Today
A Larceny by False Pretenses charge is serious, but an experienced defense attorney can help you fight it. If you or a loved one are facing these charges, contact Patrick Donovan today.
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Don’t wait. The sooner you act, the better your chances of securing a favorable outcome.
