The statute: Larceny is the unlawful taking and carrying away of another person’s property with the intent to deprive that person of it permanently. Section 30 also covers larceny by embezzlement (converting property you lawfully hold) and larceny by false pretense (obtaining property by a false representation).
What the Commonwealth must prove:
- The defendant took and carried away property — even a slight movement of the property is enough.
- The property belonged to someone other than the defendant.
- The defendant took the property without the owner’s consent.
- At the time of the taking, the defendant intended to deprive the owner of the property permanently.
- For felony larceny, that the property was worth more than $1,200.
Penalties: Larceny of property worth more than $1,200 is a felony: up to 5 years in state prison, or up to 2 years in the house of correction, and a fine of up to $25,000. Larceny of property worth $1,200 or less is a misdemeanor: up to 1 year in the house of correction and/or a fine of up to $1,500. Special provisions increase penalties for theft from elderly or disabled persons, from a building, and of firearms. Collateral consequences: a larceny conviction is treated as a crime of dishonesty and can be devastating to employment, professional licensing, and immigration status.
In plain English: The $1,200 line is the one that matters most at the start: above it, you are facing a felony; at or below it, a misdemeanor. How the property is valued, and whether you actually intended to keep it, are fights worth having.
How these cases are defended:
- Contesting value — receipts, depreciation, and the Commonwealth’s method of valuation can move a case across the $1,200 felony line.
- Claim of right: arguing the defendant genuinely believed the property was his or hers to take, which negates intent.
- Challenging identification and the reliability of surveillance video and loss-prevention testimony.
- In embezzlement and false-pretense cases, disputing intent to deprive and the alleged false representation.
- Negotiating restitution-based resolutions, continuances without a finding, or reduction to a lesser offense.
This page is general information about Massachusetts law, not legal advice about any specific case. If you are charged with a crime, contact Davis Law Firm, P.C., 132 Lincoln Street, Suite 5L, Boston, MA 02111, (617) 297-4837.
