If you or someone you love is charged with shoplifting in Massachusetts, you will want to work with a criminal defense attorney to create a strategy for your defense. In the Commonwealth of Massachusetts, shoplifting is a serious crime with potentially serious consequences. Working with a Wrentham Shoplifting attorney who has represented hundreds of clients throughout their career is the best way for you to get the defense you deserve.
How Is Shoplifting Defined in Massachusetts?
To prove that you are guilty of shoplifting, the prosecution must establish the following three points.
- You intentionally transferred, carried away, took possession, or caused to be transferred or carried away retail merchandise.
- The merchandise you carried away was possessed or owned by someone other than you.
- When you transferred, carried away, or took possession of the merchandise or caused it to be moved or carried away, you intended to deprive the merchant of the possession, benefit, or use of the item with the intent of converting it to your property without having paid the full value for it.
Shoplifting of less than $100 has a fine of up to $250 if it’s your first offense, $500 for your second offense, and up to two years in jail for a third offense.
Shoplifting over $100 can get you to 2.5 years in jail and a fine of up to $1,000.
Without the proper defense, a shoplifting charge could lead to fines, fees, and imprisonment. Unfortunately, some defendants quickly plead guilty because they are embarrassed and want to put the incident behind them. In most cases, we at The Law Offices of Gerald J. Noonan believe this to be a mistake. Being convicted of shoplifting can affect you for years. It can impact your ability to get a job, especially if it involves handling money or merchandise.
Having a Wrentham shoplifting attorney use their knowledge and experience to fight a larceny or shoplifting charge aggressively is better. Sometimes, a review of the case will permit evidence to be challenged because of a legal issue, such as an illegal search. This information can be used to argue for a dismissal or reduction of the charges successfully. This could protect you from having a criminal conviction on your record.
What Do Larceny Charges Entail?
In addition to being charged with shoplifting, law enforcement may charge you with theft. Larceny has a stiffer penalty for you if you’re convicted.
Massachusetts General Laws Chapter 266 §30 defines larceny as “stealing or obtaining property by false pretense or converting property with the intent to steal someone else’s property.”
- The penalty for larceny under $250 is up to one year in jail and up to a $300 fine.
- Larceny for more than $250 is a felony offense with a penalty of up to five years in prison and a fine of up to $25,000.
To prove larceny by stealing in Massachusetts, the prosecution must prove three elements beyond a reasonable doubt:
- That you took and carried away property
- The property was possessed or owned by someone other than you
- That your goal was to deprive the owner of their property permanently
Carrying or taking away the property happens if you physically transfer the property from the owner’s control to your own. It doesn’t matter if this happens for just a few moments. Any removal of the property from the victim’s control, no matter how slight, is enough to establish taking and carrying away.
The prosecution may prove an intent to deprive someone of their property via direct or circumstantial evidence. If you say that you intended to make restitution later, for example, you stole food today because you are hungry but didn’t have any money and intend to pay for it once you got paid, is not a defense for larceny by stealing.
How Might a Lawyer Defend a Larceny Charge?
Larceny is a common theft crime charged in Massachusetts. In most cases, you will receive a larceny charge if you’re accused of stealing from another person. Many larceny cases can be resolved without a court trial.
The experienced Wrentham larceny lawyers at The Law Offices of Gerald J. Noonan may be able to effectively resolve a larceny case via negotiations with the DA’s office. Or they may negotiate with the judge presiding over the case. Often, a case can be resolved so that you do not have a criminal record.
In other circumstances, going to trial is the preferred option. Sometimes, people will accuse a person of theft but have no proof that they are the owners of the allegedly stolen property. Others may try to use the legal system as a form of debt collection or as a way of retaliating against someone for something that happened to them of a noncriminal nature.
Others have used theft or larceny accusations as a way of extortion. Criminal defense attorneys can help you defend your good name, bring the illicit motives of the accuser to light at trial, and may even put you in a position to seek civil damages. Don’t gamble with your future.
If you have been charged with theft and/or larceny, trust the criminal defense attorneys at The Law Offices of Gerald J. Noonan to provide you with the best defense possible for your case.
What Is Probable Cause, and How Does It Affect Your Shoplifting Defense?
If you are facing a Wrentham theft charge, probable cause is a tool that your Massachusetts defense lawyer can use in your defense.
The inappropriate actions of security guards, store employees, or police officers could be a reason to have a shoplifting charge dismissed. If you are inappropriately detained, if your bags are inappropriately searched or seized, or if your vehicle is searched without having followed the proper procedures, your defense team may be able to present a legal challenge that results in the reduction or downright dismissal of charges.
The takeaway is that it costs you nothing to do a free consultation with the qualified defense attorneys at The Law Offices of Gerald J. Noonan. However, pleading guilty to shoplifting or larceny can be a mistake that can leave you with fines of up to $25,000 and up to five years in prison.
Noonan Law’s Wrentham larceny lawyers have successfully represented clients facing larceny and shoplifting charges throughout Massachusetts.
Get in touch with us today and arrange a no-cost, confidential consultation to discuss your case and your rights. We look forward to helping you create a defense designed to help you get the best outcome in court.
