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Theft crimes have various nuances that only a trained criminal defense attorney can detect. If you've been charged with any type of theft crime you should contact me and set up a free consultation. I will read the police report very carefully and determine whether any of your Constitutional rights have been violated in which case I will file a Motion to Suppress the evidence the Commonwealth intends to use against you. There may also be defenses available to you which only a trained and experienced eye would discern from subtleties in the police report.
 Larceny over $250 [M.G.L. c.266, §30] The Commonwealth must prove three elements:
1. You took and carried away property;
2. The property was owned or possessed by someone other than you; and
3. You intended to permanently deprive that person of the property.
- up to 2 years jail
- up to 5 years state prison; or
- up to $25,000 fine
Larceny by stealing from a person [M.G.L. c.266, §25(b)] The Commonwealth must prove beyond a reasona ble doubt:
1. You took and carried away property;
2. The property was owned or possessed by someone other than you;
3. You took the property from someone who owned or possessed the property; and
4. You intended to permanently deprive that person of the property.
- up to 2 ½ years jail; or
- up to 5 years state prison
Shoplifting [M.G.L. c.266, §30A]
- up to 2 ½ years jail
- up to $1,000;
- or both jail & fine
Breaking and Entering [M.G.L. c. 266, §17] Whoever, in the night time, enters without breaking, or breaks and enters in the day time, a building, ship, vessel, or vehicle, with intent to commit a felony, the owner or any other person lawfully therein being put in fear, shall be punished by imprisonment in the state prison for not more than ten years.
Use of personal identification of another and Identity Fraud [M.G.L. c. 266, §37E]
- up to 2 ½ years jail; or
- up to $5,000 fine; or
- both such fine and imprisonment.
Credit Cards [M.G.L 266, §37C] Fraudulent use of credit cards to obtain money, goods or services; false embossment of credit cards
- up to 2 ½ years jail; or
- up to 5 years state prison; or
- $2,000 fine; or
- both such fine and imprisonment.
Uttering [M.G.L 266, §37] presenting a forged check that you know to be forged - liability for the crimes of attempted larceny or larceny.
Larceny by check [M.G.L. c.266, §37] The Commonwealth must prove the following beyond a reasonable doubt:
1. You wrote, cashed, passed or delivered a check drawn on an account with insufficient funds to cover the check;
2. You obtained money, property or services as a result of doing so;
3. There were insufficient funds in the account at the time you wrote the check; and
4. You wrote the check with the intent to defraud the bank or the person who received the bad check.
punished as larceny according to the amount for which the check was written. In other words, if the check was over $250, then the punishment is similar to larceny over $250.
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