In the Commonwealth of Massachusetts, there are several categories of theft crimes. Each type includes differing key elements and penalties if found guilty. While many find legal terminology confusing and challenging to navigate, this article aims to help those facing theft charges understand the differences and potential penalties if found guilty.
Let’s explore the differences between burglary and larceny in the State of Massachusetts and what a guilty verdict or guilty plea could mean for your future.
Burglary: Key Elements & Penalties
Burglary in Massachusetts is the unlawful entry into a structure with the intent to commit a crime. The crime may involve theft, but it could also involve assault or vandalism. The key elements of this charge are entering the premises without permission and the intent to commit a crime once inside.
A typical example of burglary is a home invasion, where an individual enters a structure without permission to steal something.
Most states categorize burglary crimes based on factors such as the time of day, the presence of a weapon, and whether an assault occurred. These factors determine the level of the burglary charge. For instance, the use of a weapon, the occurrence of an assault, or the timing (nighttime burglaries are considered more serious than daytime ones) can elevate the severity of the charge from a misdemeanor to a felony.
Penalties for burglary in Massachusetts vary significantly based on the circumstances, but they can include 20 years in prison for nighttime burglary, up to 10 years for daytime burglary, and life in prison for armed burglary.
Larceny: Key Elements & PenaltiesLarceny, under Massachusetts Law, is the unlawful taking of another person’s property with the intent to deprive them of it permanently. This is a broad category that includes acts like embezzlement and shoplifting.
Similar to burglary, there are levels of larceny based on the value of the stolen property. For example, in Massachusetts, larceny or theft of property valued under $250 is considered a misdemeanor and could lead to up to a one-year jail sentence and up to $300 in fines. It is often referred to as petty larceny. For larceny of property valued at over $250, the crime is considered a felony and can result in up to 2-5 years in jail and fines up to $25,000. Other penalties could include community service, probation, or restitution to the victim of the crime.
Other factors that could affect the penalty for this theft crime include whether the victim is elderly or disabled and whether this is a first or subsequent offense. Stealing from a disabled person or someone 60 or older may result in increased penalties.
The term theft is a broad one that is often used interchangeably with the legal term larceny and refers to taking something that does not belong to you and for which you have not been given permission.
Have a question about your burglary or larceny charge in Massachusetts? Talk to our team at the Law Offices of Patrick Conway for a free consultation about your case.