Facing a larceny from the person charge in Massachusetts is a serious matter that can have lasting consequences on your life. This specific type of theft crime is treated differently from other theft offenses and carries severe penalties, including potential jail time. If you or a loved one has been accused of larceny from the person, it’s crucial to understand the nature of the charge and to seek experienced legal representation immediately.
At Riccio Law, Attorney Anthony Riccio specializes in criminal defense and has extensive experience defending clients against larceny charges. He is committed to protecting your rights and providing the aggressive defense you need.
Contact Riccio Law today for a free consultation to discuss your case.
Understanding Larceny From the Person in Massachusetts
Legal Definition of Larceny
Under Massachusetts General Laws Chapter 266, Section 30, larceny occurs when someone unlawfully takes and carries away the personal property of another with the intent to permanently deprive the owner of it.
Key elements include:
- Taking and Carrying Away: The defendant physically transferred control of the property from the owner, even if only for a brief moment.
- Property of Another: The property belonged to someone other than the defendant.
- Intent to Permanently Deprive: The defendant intended to permanently deprive the owner of the property.
It’s important to note that larceny is an intent-based crime. If the property was taken with the intention to return it, or under a reasonable belief that it belonged to the defendant, it may not meet the legal definition of larceny.
Difference Between Larceny and Robbery
While both larceny and robbery involve theft, they are distinct crimes under Massachusetts law.
Example: If someone’s purse is stolen from the back of a chair without them noticing, it’s larceny. If the thief uses a weapon or threatens harm to take the purse, it’s robbery.
Robbery is considered a more severe offense and carries harsher penalties, including mandatory minimum sentences for repeat offenders.
Difference Between Larceny by Stealing and Larceny From the Person
The primary difference lies in where the property is taken from:
- Larceny by Stealing: General theft of property not necessarily in the immediate presence or control of the owner.
- Larceny From the Person: Theft of property directly from someone’s physical person or immediate area of control while in their presence.
In larceny from the person, the property is taken from the victim’s body or from within their immediate control, such as a purse they’re holding or a wallet in their pocket.
Penalties for Larceny From the Person
Maximum Penalties
In Massachusetts, larceny from the person is a felony offense, regardless of the value of the property stolen. Penalties may include:
- Up to 5 years in state prison, or
- Up to 2 years in a county jail.
Unlike other theft crimes, the penalties for larceny from the person do not depend on the value of the property taken.
Impact of Victim’s Age
If the victim is 65 years or older, the penalties become more severe, especially for repeat offenses:
- Mandatory Minimum Sentence: For a second offense against an elderly victim, there is a mandatory minimum sentence of 2 years in prison.
- No Early Release: Judges cannot reduce the sentence or grant probation until at least one year of the sentence has been served.
This reflects the state’s commitment to protecting vulnerable populations from theft crimes.
Examples of Larceny From the Person
Common scenarios of larceny from the person include:
- Pickpocketing: Stealing wallets, phones, or other valuables directly from someone’s pocket or bag without their knowledge.
- Theft in Crowded Places: Taking items from individuals in crowded areas like restaurants, bars, buses, or retail stores.
- Shoplifting in Presence of Staff: Stealing merchandise while staff are present and in the immediate vicinity.
- Theft at Social Gatherings: Taking personal items like jewelry or electronics during a party or social event.
These crimes are often committed without the use of force or the victim’s immediate awareness.
Why You Need a Specialized Larceny Defense Attorney
Importance of Experienced Legal Representation
Being charged with larceny from the person is a serious matter that requires immediate legal attention. An experienced defense attorney can:
- Protect Your Rights: Ensure that your legal rights are upheld throughout the legal process.
- Build a Strong Defense: Examine the details of your case to develop effective defense strategies.
- Navigate Complex Laws: Understand the nuances of Massachusetts theft laws to your advantage.
- Negotiate with Prosecutors: Work to reduce charges or secure alternative sentencing options.
How Riccio Law Can Help
At Riccio Law, Attorney Anthony Riccio brings extensive experience in criminal defense, specifically in theft-related cases. When you choose Riccio Law, you receive:
- Personalized Attention: One-on-one consultation and case strategy tailored to your unique situation.
- Aggressive Defense: A commitment to fighting for the best possible outcome in your case.
- Expert Knowledge: Deep understanding of Massachusetts laws and the local court system.
Don’t face these charges alone. Contact Riccio Law today for a free consultation and let us help protect your future.
What to Do If Charged with Larceny From the Person
If you are charged with larceny from the person:
- Remain Silent: Do not provide any statements to law enforcement without an attorney present.
- Seek Legal Counsel Immediately: Contact an experienced criminal defense attorney as soon as possible.
- Document Everything: Write down all details about the incident while they are fresh in your mind.
- Avoid Discussing the Case: Do not discuss the details of your case with anyone except your attorney.
- Follow Legal Advice: Adhere strictly to the guidance provided by your legal counsel.
Taking these steps can significantly impact the outcome of your case.
FAQs
What is the penalty for larceny from the person in Massachusetts?
Larceny from the person is punishable by up to 5 years in state prison or up to 2 years in a county jail, regardless of the property’s value.
Can I be charged with larceny if I intended to return the item?
Larceny requires intent to permanently deprive the owner of the property. If you intended to return it, this may be a valid defense.
How does larceny from the person differ from robbery?
Larceny from the person involves theft without force or threats, while robbery includes the use of force, violence, or intimidation during the theft.
What should I do if I accidentally took someone else’s property?
Contact an attorney immediately to discuss your situation. Mistakenly taking property may be a defense if there was no intent to steal.
Does the victim’s age affect the charges or penalties?
Yes, if the victim is 65 years or older, penalties can be more severe, including mandatory minimum sentences for repeat offenses.
Conclusion
Facing a larceny from the person charge can be overwhelming and frightening. The consequences of a conviction are severe and can include lengthy prison sentences and a permanent criminal record, which can affect employment, housing, and other aspects of your life.
It’s essential to act quickly and secure experienced legal representation to protect your rights and build a strong defense. Attorney Anthony Riccio is dedicated to providing aggressive and effective defense strategies tailored to your case.
Don’t risk your future. Contact Riccio Law today for a free consultation and take the first step towards safeguarding your rights and freedom.
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