Massachusetts is currently the third lowest state in the nation with a property crime rate of 11.3 incidents per 1,000 people. While the crime statistics in Massachusetts are encouraging and generally trending downward, there are still legal issues surrounding theft and property crimes that our readers should be aware of.
Let’s examine the nature of property and theft crimes including potential penalties and what the difference is between the classification of petty versus grand theft.
What Crimes are Considered Theft or Property Crimes?
The unlawful taking or damaging of another person’s property is considered a property crime or theft crime. This includes crimes such as burglary, shoplifting, vandalism, arson, breaking and entering, motor vehicle theft, embezzlement, credit card fraud, receiving stolen property and identity theft.
What is the Difference Between Petty Larceny and Grand Larceny?
Larceny is the legal term for the theft of something that belongs to another individual. There are a few categories that this type of crime can fit into including petty (petit) larceny and grand larceny.
The value of the property or property damage amount will determine the specific crime being charged. In Massachusetts law, grand larceny is one of the two types of larceny by stealing in which the value of the goods, money or property stolen exceeds $1,200. It is classified as a felony and can result in up to five years in prison and a $25,000 fine.
Petty theft or petit theft is classified as a misdemeanor and is used when the property damage or theft is estimated to be below $1200. The potential penalty for this level of theft includes the possibility of up to a year in prison and a fine.
While petty larceny may sound less severe, the consequences remain for years beyond the crime. For instance, it may be hard to secure employment, apply for scholarships, find housing or secure a loan. Due to this, it is important to speak with a qualified attorney who can assist in your defense.
To prove that felony larceny has taken place the prosecutor must prove that the defendant took the property without consent, removed it from its original location, that the property is not the defendant’s, and that there was an intent to take said property.
Mistaken identity, lack of intent, confusion over consent and insufficient evidence may be possible defenses that your attorney could discuss as potential defenses. Talk to our team at the Law Offices of Patrick Conway. We will review the facts of your case and may be able to plead to a lesser charge that could reduce the negative impacts on your life going forward.