Have You Been Accused of a Larceny Crime? Rudolf Smith, Llp Can Help
Are you ready to learn more about larceny crime and what your options are? If the answer is yes, you are in the right place. As the most experienced criminal defense lawyers in Massachusetts, Rudolf, Smith, Griffis & Ruggieri, LLP can help you in the event that you are accused of larceny. Let’s take a closer look at what larceny means, punishments, and how our attorneys can help.
Have you been accused of larceny in the Worcester, MA area? Contact us today for a free consultation to see how we can help:(508) 570-3037
What Is Larceny Crime?
Larceny crimes are theft-based offenses and include the taking of someone else’s property without the authority to do so. It is important to note that larceny only applies to the unlawful taking of someone else’s property. This crime does not apply to the lawful taking of property. For instance, if your home or vehicle is repossessed for failure to make the payment, then that is lawful taking and not considered a larceny crime.
3 Requirements Must Be Met to Be Considered Larceny
Being accused of larceny is not enough for punishment. It must be proven first. The state of Massachusetts has defined three requirements which must have taken place in order for an individual to be convicted of Larceny. The 3 requirements are:
- The accused unlawfully took property from another;
- There was an intent to permanently deprive the rightful owner of their property by the accused;
- You are not the rightful owner of the property.
This is the criteria that those prosecuting must prove beyond a shadow of a doubt in order for you to be convicted of the crime.
How Can Your Lawyer Help?
An experienced criminal defense attorney is key to navigating the defenses and strategies necessary to avoid life-altering consequences which result from being accused of a crime. Our lawyers have years of criminal defense experience, and even experience as prosecutors. As a result, we can anticipate the prosecutor’s moves throughout the discovery and trial process.
What many do not realize is that proving that the three requirements took place is easier said than done. Let’s break each one down.
Unlawfully taking another person’s property means you knowingly took something that belonged to someone else. This includes taking by deceit and fraud. It must be proven that you are the person who actually took the piece of property. In many cases, while the property may have been stolen, if the real thief is not known, the most convenient person gets thrown under the bus.
It must be shown that you had absolutely no intention of returning the property at any point in time. In other words, you were not granted permission to borrow the item for a particular time period. Unfortunately, things happen and what started out as permission to borrow a piece of property escalates when a feud erupts between the two parties. You may be accused of larceny as a form of retaliation or out of spite. It happens more often than you might think.
Lastly, it must be proven beyond a reasonable doubt that someone other than yourself is the rightful owner of the property. Proof of ownership must be provided by the accuser. Often times, the person claiming to own the property doesn’t actually have any proof that he or she owns it. This leaves the question of whether or not the accuser owns the property or if this is a case of fraud.
What Are the Punishments for Being Convicted of Larceny?
The punishment for being convicted of a larceny crime depends on the value of the property taken. There are two categories of larceny.
- Larceny Under $1200 (Misdemeanor) – Stolen property that totals less than $1200 is considered a misdemeanor and could result in a maximum of 1 year in jail, or a maximum $1500 fine.
- Larceny of $1200 or Over (Felony) – Stolen property that totals $1200 or more, is considered a felony. If convicted you could spend up to 5 years in state prison, two years in jail, or up to $25,000 in fines.
If convicted our attorneys will work hard to help you get a reduced sentence.
How Can Your Lawyer Help?
Just because you have been accused of larceny doesn’t mean you shouldn’t fight back. The attorneys at Rudolf, Smith, Griffis & Ruggieri, LLP understand that being accused of a larceny crime is an emotional and stressful time during your life. You need someone on your side who can best represent your case and give you the most favorable outcome. Contact us today for a free, confidential consultation:(508) 570-3037
Sources:
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter266/Section30