Theft crimes in Massachusetts encompass a wide range of offenses, all involving the unlawful taking of someone else's property. These crimes can vary in severity based on factors such as the value of the stolen property, the method of theft, and the circumstances surrounding the offense. At DeGiacomo & Mikhlin, P.C., we provide comprehensive legal representation for individuals facing theft charges. Here’s an overview of the different types of theft crimes in Massachusetts.
1. Larceny
Larceny is a broad category of theft that involves taking another person's property without consent and with the intent to permanently deprive them of it. Massachusetts law distinguishes between different degrees of larceny based on the value of the stolen property:
- Larceny Over $1,200: Classified as a felony, this involves the theft of property valued at over $1,200. Convictions can result in significant fines and potential imprisonment.
- Larceny Under $1,200: Considered a misdemeanor, this offense involves property valued at $1,200 or less. Penalties may include fines and up to one year in jail.
2. Shoplifting
Shoplifting is a specific type of larceny involving the theft of merchandise from a retail store. In Massachusetts, shoplifting can be charged as either a misdemeanor or a felony, depending on the value of the stolen goods. The law also allows for civil penalties, which may require the offender to pay the store owner for damages and losses.
3. Robbery
Robbery involves taking property from another person through the use of force, intimidation, or threats. This crime is considered more severe than larceny due to the element of violence or threat thereof. In Massachusetts, robbery can be classified into different categories:
- Armed Robbery: Involves the use of a weapon. It carries severe penalties, including lengthy prison sentences.
- Unarmed Robbery: Involves the use of force or threats without a weapon. While penalties may be less severe than armed robbery, they are still significant.
4. Burglary
Burglary involves unlawfully entering a building or structure with the intent to commit a theft or any felony inside. Massachusetts law classifies burglary based on various factors, including:
- Breaking and Entering at Night: Considered a more serious offense due to the heightened potential for confrontation.
- Breaking and Entering During the Day: Typically carries less severe penalties compared to night-time burglaries.
5. Embezzlement
Embezzlement is a form of theft involving the misappropriation or theft of funds or property entrusted to one's care, typically in an employment or professional setting. This crime often involves a breach of trust, and the severity of the charge can depend on the amount embezzled.
6. Identity Theft
Identity theft involves the unauthorized use of another person's personal information, such as Social Security numbers or credit card information, to commit fraud or other crimes. Massachusetts has stringent laws against identity theft, with severe penalties for those convicted.
7. Receiving Stolen Property
This crime involves knowingly receiving, possessing, or buying property that has been stolen. The severity of the charge can depend on the value of the stolen property and the defendant's knowledge that the property was stolen.
8. Auto Theft
Auto theft, or motor vehicle theft, involves the unauthorized taking of a vehicle. This crime can range from joyriding (temporary taking) to more serious offenses like carjacking, where force or intimidation is used.
Conclusion
Theft crimes in Massachusetts cover a broad spectrum, each with its specific legal definitions and potential penalties. Understanding these distinctions is crucial for building an effective defense strategy. At DeGiacomo & Mikhlin, P.C., we are dedicated to providing robust defense representation for individuals facing theft charges. If you or a loved one is dealing with a theft-related accusation, contact us today for a consultation. Let us help you navigate the complexities of the legal system and work towards the best possible outcome.