Theft and property crimes encompass a wide range of conduct under Massachusetts law — from shoplifting a small item to sophisticated fraud schemes involving hundreds of thousands of dollars. The penalties, the defenses, and the long-term consequences vary just as widely. This article walks through the major categories of theft and property offenses, explains how Massachusetts law treats them, and discusses what effective defense looks like.
Larceny: The Foundation of Theft Law
Larceny is the foundational theft offense in Massachusetts, covering the unlawful taking and carrying away of another person’s property with the intent to permanently deprive them of it.
Under Massachusetts General Laws Chapter 266, Section 30, larceny is divided by the value of the property taken:
- Grand larceny — property valued at over $1,200 — is a felony carrying up to five years in state prison
- Petty larceny — property valued at $1,200 or less — is a misdemeanor carrying up to one year in a house of correction
Shoplifting
Shoplifting is addressed under its own statute in Massachusetts and carries graduated penalties based on the value of the merchandise and the defendant’s history. Notably, even first-time shoplifting arrests for relatively small amounts can result in:
- Civil demand letters from retailers — a separate civil process entirely distinct from the criminal case
- A ban from the affected store — if violated, the violation creates a separate criminal issue of trespassing
Fraud and Larceny by False Pretenses
Larceny by false pretenses — sometimes called fraud — covers situations in which property is obtained through misrepresentation of a material fact. This category includes a range of conduct, from obtaining services through dishonest representations to sophisticated investment fraud. The applicable penalties track the value of the property obtained.
Massachusetts also has specific statutes addressing:
- Identity theft
- Credit card fraud
- Check fraud
- Insurance fraud
Each carries its own elements and penalty structure.
Receiving Stolen Property
Receiving stolen property is a distinct offense that can arise when a person buys, receives, or aids in the concealment of property they know or should know was stolen. The “should know” standard means that willful ignorance of a suspicious transaction is not a complete defense. If the circumstances were such that a reasonable person would have known the property was stolen, the element can be established.
Larceny from a Person
Larceny from a person — taking property directly from someone through methods such as pickpocketing — is treated more seriously than ordinary larceny and carries a potential sentence of up to five years in state prison, regardless of the value of the property taken.
Breaking and Entering and Burglary
Breaking and entering — entering a building without authorization with the intent to commit a felony therein — is a serious felony under Massachusetts law.
Burglary — breaking and entering a dwelling at night with the intent to commit a felony — is one of the more serious property crimes, carrying potential sentences of up to twenty years in state prison. The distinction between breaking and entering and burglary turns primarily on whether the structure was a dwelling and whether the entry occurred at night.
Vandalism — willful and malicious destruction of property — carries penalties that scale with the value of the property destroyed.
Milligan & Higgins is a premier OUI and criminal defense firm in Massachusetts, with over forty years of collective experience. If you or a loved one is facing criminal charges, we are here to help.
Watch our firm video: https://www.youtube.com/watch?v=jx-X_9CssZo&t=2s
Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
