Defending Against Larceny by Single Scheme in Massachusetts
If you’re facing a Larceny by Single Scheme 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 Single Scheme in Massachusetts?
Larceny by Single Scheme refers to stealing multiple times from the same victim under a unified plan. Instead of treating each act separately, prosecutors combine them into a single charge. This often happens in cases involving:
- Fraudulent transactions over time
- Repeated misrepresentations
- Schemes targeting employers, businesses, or individuals
- Embezzlement from a company over several months
- Retail fraud, such as return scams conducted multiple times
The benefit to prosecutors? Aggregating smaller thefts into a single charge can elevate the total value of stolen property, increasing the severity of penalties. This means a defendant who may have committed multiple minor thefts could face a felony charge instead of multiple misdemeanors.
Massachusetts Jury Instructions on Larceny by Single Scheme
The Massachusetts Jury Instructions outline how prosecutors must prove larceny beyond a reasonable doubt. The key elements include:
- Intent to Steal – The defendant knowingly took someone else’s property with the intent to deprive them of it permanently.
- Single Continuing Scheme – The thefts were not isolated incidents but part of a continuous plan.
- Property Value – The total value of stolen property determines whether the charge is a misdemeanor or felony.
- Owner’s Lack of Consent – The property was taken without the permission of the rightful owner.
Under M.G.L. c. 266, § 30, if the total value exceeds $1,200, it becomes a felony, carrying up to five years in state prison. Lesser amounts may result in misdemeanor charges with up to one year in jail. In many cases, the prosecution will attempt to establish the highest possible valuation to increase penalties.
Notable Massachusetts Cases
Commonwealth v. Murray (2015)
In this case, the Massachusetts Appeals Court reinforced that for a Larceny by Single Scheme conviction, the prosecution must prove a common plan linking each act of theft. The court overturned a conviction where the prosecution failed to establish a direct connection between multiple transactions.
Commonwealth v. King (2018)
This case clarified how courts calculate the total value of stolen property. The ruling emphasized that prosecutors must show an actual financial loss suffered by the victim rather than speculative or estimated damages.
Commonwealth v. White (2020)
A defendant was accused of stealing over $10,000 from an employer over the course of a year. The case highlighted how forensic accounting and expert testimony could be used to challenge the prosecution’s calculations of stolen funds.
Defenses to Larceny by Single Scheme
A strong defense strategy can mean the difference between conviction and dismissal. Some effective defenses include:
1. Lack of Intent
If you didn’t intend to steal or believed you had a legitimate claim to the property, you may avoid conviction.
2. No Unified Scheme
The prosecution must prove that each act was part of a single, ongoing plan. If they can’t, the charges may be reduced or dismissed.
3. Mistaken Identity
If the state cannot prove beyond a reasonable doubt that you were the person responsible for the thefts, the case falls apart.
4. Insufficient Evidence
A weak case with missing financial records, unreliable witness testimony, or vague evidence can lead to dismissal.
5. Challenge the Valuation
If the prosecution cannot prove the total amount stolen, the charge could be downgraded from a felony to a misdemeanor.
Potential Penalties for Larceny by Single Scheme
| 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 Single Scheme 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 paid back the money?
Paying back stolen funds may help in negotiations but does not automatically erase criminal charges.
Can I get a plea deal?
Yes. Many larceny 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 amount stolen is disputed?
If the prosecution cannot prove the total value of stolen property, the charge may be downgraded or dismissed.
Can Larceny by Single Scheme be a federal offense?
Yes, in cases involving wire fraud, interstate commerce, or government fraud, federal charges may apply, leading to harsher penalties.
Get Legal Help Today
A Larceny by Single Scheme 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.
