Criminal Attorney Kristen Bonavita has years of experience handling cases of theft, violence and community order. In these cases especially, it is important to have a criminal lawyer who understands the prosecutions burden and can identify those circumstances in which that burden cannot be met. Additionally, in certain cases of theft or violence, the cases are often more emotionally charged because of a sympathetic victim or witness. In those situations, it is equally as important to understand the impetus behind the crime as it is to understand the specifics of the case; the criminal defense attorney must personalize the defendant, just as the prosecution will seek to personalize the victim. The crux of most larceny cases hinges on the intent of the defendant at the time that the larceny is committed.
The crime of burglary in Massachusetts is defined as the unlawful breaking and entering of a building with intent to commit a felony or to steal valuable property. It is found in Massachusetts General Laws Chapter 266 (Crimes Against Property) – § 14 (armed burglary) and § 15 (unarmed burglary). Read More...
In Massachusetts, the robbery statutes are found in General Laws Chapter 265, §17 and §19. In general, the Commonwealth must prove, beyond a reasonable doubt that the defendant used the exertion of actual or constructive force against another with the intention of forcing that person to part with his or her property. Read More
Larceny, in its most general form, is defined as the taking and carrying away of the personal property of another with the intent of depriving the owner of its use permanently. Read More
Larceny, sometimes referred to as theft, is defined as taking someone’s personal property without their content with the intent of depriving the victim of the ownership or use of that property. This can include theft, pick-pocketing, purse snatching, identity theft, forgery, cashing a check that didn’t belong to you (check larceny), or stealing money from a business (embezzlement). Read More
Larceny over $1,200 is a felony. The distinction between felony and misdemeanor larceny is the value attached to the property that was taken.
At common law, larceny was defined as the trespassory taking and carrying away of the property of another person with the intent to steal. The word “trespassory” means without right. Read More
Whoever, in the night time, breaks and enters a building, ship, vessel or vehicle, with intent to commit a felony, or who attempts to or does break, burn, blow up or otherwise injures or destroys a safe, vault or other depository of money, bonds or other valuables in any building, vehicle or place, with intent to commit a larceny or felony, whether he succeeds or fails in the perpetration of such larceny or felony, shall be punished by imprisonment in the state prison for not more than twenty years or in a jail or house of correction for not more than two and one-half years.
Massachusetts General Laws Chapter 266 Section 28 governs the crime of larceny of a motor vehicle. The law prohibits stealing, receiving, buying, possessing, or concealing a motor vehicle or a trailer that one knew or had reason to know was stolen. Evidence that identifying numbers on the car or car parts have been intentionally removed or changed will be prima facie evidence that the defendant knew or had reason to know that the car or parts were stolen.
The law also prohibits taking a motor vehicle without the owner’s authority and stealing any of the motor vehicle’s parts or accessories. Additionally, Chapter 266 Section 28 makes it a crime to knowingly conceal a person who committed larceny of a motor vehicle.
“Joyriding,” the knowing unauthorized use of a vehicle, does not amount to larceny of a motor vehicle. Joyriding is a misdemeanor for a first offense and is governed by Massachusetts General Laws Chapter 90 Section 24(2)(a).
Punishment
Larceny of a motor vehicle is punishable by up to 15 years in the state prison, up to 2 ½ years in a jail or house of correction, a fine of up to $15,000, or both imprisonment and a fine. Prosecutions for larceny of a motor vehicle cannot be continued without a finding. A second or subsequent conviction carries a mandatory minimum sentence of 1 year imprisonment. The penalty for knowingly concealing a motor vehicle thief is up to ten years in prison, up to 2 ½ years in a house of correction, a fine of up to $5,000, or both the jail time and the fine.
