Charged with Larceny by Embezzlement in Massachusetts? Protect Your Future Now!
A larceny by embezzlement charge is a serious felony that can lead to jail time, fines, and a permanent criminal record—threatening your career, reputation, and future. You need an experienced defense attorney who knows how to challenge the evidence, negotiate with prosecutors, and fight for your best outcome.
Attorney Patrick Donovan, a former prosecutor, has successfully defended clients accused of embezzlement, helping them avoid convictions and harsh penalties.
🔴 Free, confidential consultation – No risk, no obligation
🔴 Former Prosecutor – Knows how to expose weaknesses in the case against you
🔴 Aggressive defense to get charges reduced or dismissed
🔴 Protect your reputation, career, and future
Don’t wait—your defense starts now. Call (617) 479-1800 or request a FREE consultation today!
Defending Against Larceny by Embezzlement in Massachusetts
Larceny by embezzlement is a serious charge in Massachusetts. A conviction can lead to significant penalties, including jail time and a permanent criminal record. If you are facing this charge, understanding the law, available defenses, and recent legal cases is essential. Attorney Patrick Donovan, a former prosecutor with extensive experience in Massachusetts criminal law, has successfully defended many clients against larceny by embezzlement charges.
Massachusetts Jury Instructions for Larceny by Embezzlement
In Massachusetts, the prosecution must prove specific elements beyond a reasonable doubt to convict someone of larceny by embezzlement. According to the Massachusetts jury instructions, the Commonwealth must establish:
- A fiduciary relationship existed – The defendant was entrusted with property due to their position.
- The defendant took possession of the property lawfully – They had permission to hold or manage the property but not to take ownership.
- The defendant intentionally converted the property – They used or took the property for their own benefit without permission.
- Intent to permanently deprive the owner – The accused must have had no intention of returning the property.
If the prosecution fails to prove any of these elements, a conviction cannot stand.
Notable Massachusetts Cases on Larceny by Embezzlement
Several cases have shaped how Massachusetts courts interpret larceny by embezzlement laws:
- Commonwealth v. Mills – This case clarified that temporary misuse of funds does not necessarily prove intent to permanently deprive the owner.
- Commonwealth v. Moreton – The Massachusetts Supreme Judicial Court ruled that an employee taking company funds for personal use, even if intending to repay, can still be convicted of embezzlement.
- Commonwealth v. Oliveria – A case in which the court found that unauthorized transfers of funds between accounts, even with eventual repayment, could still qualify as embezzlement if intent to deprive was proven.
Understanding these cases can help in formulating a strong defense strategy.
Defenses Against Larceny by Embezzlement Charges
If you are charged with larceny by embezzlement in Massachusetts, there are several defense strategies that could help in your case:
1. Lack of Intent
The prosecution must prove intent to permanently deprive the owner of their property. If you believed you had the right to the funds or intended to return them, this could be a strong defense.
2. Mistake or Misunderstanding
If the embezzlement was due to an accounting error or miscommunication, you may argue that there was no criminal intent.
3. Duress or Coercion
If someone forced or pressured you into taking the funds under threat, this could be a valid defense.
4. Insufficient Evidence
The prosecution must prove every element beyond a reasonable doubt. If the evidence is weak or circumstantial, your attorney can challenge the case.
5. Authorization or Consent
If the owner permitted you to use the property in a way that the prosecution claims was embezzlement, this can be a valid defense.
6. Entrapment
If law enforcement or an employer set you up in a way that led you to commit a crime you would not have otherwise committed, this may be a defense.
Potential Penalties for Larceny by Embezzlement
The penalties for larceny by embezzlement in Massachusetts depend on the value of the stolen property:
- Property valued at over $1,200 – Felony offense, punishable by up to five years in state prison or up to 2.5 years in jail, plus fines and restitution.
- Property valued at $1,200 or less – Misdemeanor offense, punishable by up to one year in jail and fines.
- Aggravating factors – Cases involving vulnerable victims, multiple offenses, or a breach of public trust may result in harsher penalties.
How an Experienced Criminal Defense Attorney Can Help
A skilled Massachusetts criminal defense lawyer can evaluate your case, identify weaknesses in the prosecution’s arguments, and build a strong defense strategy. Attorney Patrick Donovan has successfully defended clients against embezzlement charges by challenging evidence, negotiating reduced charges, and achieving dismissals in court.
For more information, visit Patrick Donovan’s criminal defense page or Massachusetts larceny laws.
FAQs About Larceny by Embezzlement in Massachusetts
What is the difference between larceny and embezzlement?
Larceny involves taking property unlawfully, while embezzlement involves taking property that was entrusted to you.
Can I be charged if I intended to pay the money back?
Yes. If you took the property without permission, even with plans to repay, you could still be convicted.
Will I go to jail for a first-time embezzlement charge?
It depends on the value of the property and the circumstances. A strong legal defense can help reduce or avoid jail time.
Can an employer press charges for a misunderstanding?
Yes, but a strong defense can argue that the incident was an accounting mistake rather than a crime.
What should I do if I’m accused of embezzlement?
Remain silent and contact a Massachusetts criminal defense attorney immediately.
For legal representation, contact Attorney Patrick Donovan today.
Larceny by embezzlement charges are serious, but a strong defense can make all the difference. Understanding Massachusetts law, recent court decisions, and legal defenses can help you fight these charges. If you or someone you know is facing an embezzlement charge, seek legal counsel as soon as possible.
