Welcome to our comprehensive FAQ page on theft crimes in Massachusetts. If you or a loved one has been accused of a theft-related offense, you likely have many questions and concerns about the legal process, potential penalties, and how to best protect your rights. This resource is designed to provide clear, expert answers to the most frequently asked questions from those facing theft charges. Our goal is to equip you with the knowledge and guidance you need during this challenging time. Remember, the information provided here is for general purposes, and consulting with an experienced criminal defense attorney is essential for personalized legal advice tailored to your specific situation.
Frequently Asked Questions: Theft Crimes in Massachusetts
What are considered theft crimes in Massachusetts?
Theft crimes in Massachusetts, also known as property crimes, involve taking someone else’s property without permission.
Common offenses include larceny, shoplifting, burglary, breaking and entering, embezzlement, identity theft, credit card fraud, and receiving stolen property.
What’s the difference between petty theft and grand theft?
In Massachusetts, the value of stolen property determines whether it’s petty or grand theft:
Petty theft: Stolen property valued at less than $250, classified as a misdemeanor
Grand theft: Stolen property valued at $250 or more, classified as a felony
What are the potential penalties for theft crimes?
Penalties vary based on the specific offense and circumstances:
Petty theft (misdemeanor): Up to 2.5 years in the House of Correction.
Grand theft (felony): Up to 5 years in state prison and/or a fine up to $25,000
Additional penalties may include probation, restitution.
What should I do if I’m arrested for a theft crime?
Remain calm and polite
Exercise your right to remain silent
Do not resist arrest
Request to speak with an attorney immediately
Do not discuss the case with anyone except your lawyer
What is the criminal process for theft crimes in Massachusetts?
Typically the process is,
Arrest and booking
Arraignment (formal charging)
Pre-trial conferences and motions
Plea bargaining (if applicable)
Trial (if no plea agreement is reached)
Sentencing (if found guilty)
Why should I hire a criminal defense attorney for a theft charge?
A Massachusetts Criminal Attorney can help you fight your theft charge in a number of ways, including;
Protect your rights throughout the legal process
Develop a strong defense strategy
Negotiate with prosecutors for reduced charges or dismissal
Represent you in court
Potentially minimize penalties or achieve acquittal
Can theft charges affect my future beyond legal penalties?
Yes, a theft conviction can have long-lasting consequences:
Difficulty finding employment
Housing application rejections
Loss of professional licenses
Immigration issues for non-citizens
Damage to personal and professional relationships[4]
What defenses are available for theft crimes?
Lack of intent to steal
Mistaken identity
Rightful ownership or permission to take the property
Constitutional violations during arrest or investigation
Insufficient evidence
Can theft charges affect my future beyond legal penalties?
Yes, a theft conviction can have long-lasting consequences:
Difficulty finding employment
Housing application rejections
Loss of professional licenses
Immigration issues for non-citizens
Damage to personal and professional relationships
What’s the difference between larceny and robbery?
Larceny is taking someone’s property without their consent. Robbery is a form of larceny that involves the use of force or threat of force against the victim
How does the value of stolen property impact charges and penalties?
The value of stolen property determines the severity of the charge:
– Less than $250: Petty larceny (misdemeanor)
– $250 or more: Grand larceny (felony)
Higher value typically results in more severe penalties.
Can I be charged with theft if I received stolen property?
Yes, knowingly receiving, buying, or concealing stolen property is a crime in Massachusetts
What is identity theft, and how is it prosecuted?
Identity theft involves using someone else’s personal information (e.g., social security number, credit card details) for financial gain or to receive services. It’s prosecuted seriously and can result in significant penalties[4].
How can a criminal defense attorney help if I’m falsely accused?
Investigate the allegations
Gather exculpatory evidence
Challenge the prosecution’s evidence
Protect your rights during questioning
Represent you in court to prove your innocence
What factors can increase the severity of theft charges?
Prior criminal record
Use of weapons
Causing injury during the offense
Stealing from vulnerable individuals (e.g., elderly)
High value of stolen property
Is restitution typically required in theft cases?
Yes, if convicted, you may be ordered to pay restitution to the victim for the value of stolen property or any damages incurred
Can theft charges be expunged or sealed in Massachusetts?
Depending on the specific offense and your criminal history, it may be possible to seal or expunge theft charges after a certain period. Consult with an attorney for your specific situation.
Remember, if you’re facing theft charges in Massachusetts, it’s crucial to consult with an experienced criminal defense attorney as soon as possible to protect your rights and build a strong defense strategy.
