Larceny and Theft Property Crimes Defense Attorney in Massachusetts
The Law Office of Nicholas P. Frye, P.C. provides dedicated and personalized criminal defense legal representation for clients in the Commonwealth of Massachusetts and the State of New Hampshire, in both State and Federal courts.
Free Consultation
Larceny and theft offenses in Massachusetts are prosecuted under M.G.L. c. 266 and range from misdemeanors to serious felonies carrying state prison exposure. The severity of the charge typically depends on the value of the property involved and the circumstances of the alleged taking.
Although theft cases may seem straightforward, the Commonwealth must prove criminal intent beyond a reasonable doubt — and that element is often contested.
Do Not Go to Court Without Legal Representation
If you are charged with larceny or theft, do not speak with law enforcement, store security, or investigators without an attorney present.
Many theft cases rely on surveillance footage, witness identifications, or statements allegedly made by the accused. Early legal representation can help prevent damaging admissions and may create opportunities to resolve the case before formal charges escalate.
What the Commonwealth Must Prove (M.G.L. c. 266, §30)
To obtain a conviction for larceny, the prosecution must prove beyond a reasonable doubt that:
- You took and carried away property;
- The property belonged to another person;
- You did so without the owner’s consent; and
- You intended to permanently deprive the owner of that property.
Without proof of intent to permanently deprive, a larceny conviction cannot stand.
The value of the property determines the level of offense:
- Property valued over $1,200: Felony larceny (potential state prison sentence)
- Property valued at $1,200 or less: Misdemeanor larceny
Common Theft-Related Offenses
Larceny charges may arise in many forms, including:
- Larceny by Stealing – Directly taking property
- Larceny by False Pretenses – Obtaining property through deception
- Larceny by Embezzlement – Misusing funds or property entrusted to you
- Shoplifting – Retail theft, often supported by surveillance evidence
- Larceny from a Person – Stealing directly from someone’s person (a felony offense)
Each variation requires the Commonwealth to prove specific elements.
Penalties and Consequences
Penalties depend on the value of the property and prior record. Potential consequences may include:
- Jail or state prison sentences
- Fines and restitution
- Probation
- A permanent criminal record
Even misdemeanor theft convictions can affect employment, professional licensing, housing, and educational opportunities.
The Importance of Immediate Legal Action
Larceny cases often turn on intent, identification, valuation of property, and whether the accused had lawful authority or permission. A strong defense may involve challenging witness identification, disputing property value, negotiating restitution, or demonstrating lack of criminal intent.
In some cases, early intervention — including representation at a clerk magistrate’s hearing — may prevent charges from issuing at all.
At The Law Office of Nicholas P. Frye, we aggressively defend clients facing larceny and theft charges across Massachusetts. We scrutinize every element of the Commonwealth’s case and work to protect your record, your reputation, and your future.
