Larceny by false pretenses is a serious offense under Massachusetts law, involving intentional deception to obtain money, property, or other valuable assets. Unlike traditional theft, this crime relies on dishonesty or fraud rather than physically taking someone’s property. At Cappetta Law Offices, Attorney Daniel Cappetta, a former prosecutor and experienced Framingham Larceny by False Pretenses Lawyer, offers strategic defense and personalized representation to protect your rights and future.
What Is Larceny by False Pretenses?Larceny by false pretenses is defined under Massachusetts General Laws Chapter 266, Section 30 as intentionally misrepresenting a fact to convince another person to transfer property or money. This crime requires deliberate deception and intent to permanently deprive the victim of their assets. It is distinct from simple misunderstandings, as it involves calculated dishonesty.
This offense can manifest in various ways, including selling counterfeit goods as genuine, obtaining money under false promises of services or products, or misrepresenting an item’s value or condition to secure payment. Fraudulent real estate or investment schemes and impersonating someone to gain access to their property are also common examples. The crime can occur in person, over the phone, or online, making it increasingly prevalent in today’s digital age.
How Is Larceny by False Pretenses Proven?For a conviction, the prosecution must prove several key elements beyond a reasonable doubt. The defendant must have knowingly made a false representation of a fact and intended to deceive the victim. The victim must have relied on this false statement when transferring their property, and there must have been a transfer of assets as a direct result. Each of these elements must be substantiated for the prosecution to succeed, and any failure in proof can lead to dismissal or acquittal.
Penalties for Larceny by False PretensesThe severity of the penalties depends on the value of the stolen property or money. For property valued under $1,200, the offense is classified as a misdemeanor, punishable by fines of up to $1,500 and up to one year in a house of correction. For property valued over $1,200, the offense is a felony, carrying penalties that include fines of up to $25,000 and imprisonment for up to five years in state prison or two and a half years in a house of correction. Beyond these immediate consequences, a conviction can result in a permanent criminal record, higher insurance rates, difficulty securing employment, and significant reputational damage.
Defending Against Larceny by False Pretenses ChargesAn effective defense starts with a comprehensive analysis of the case. Attorney Daniel Cappetta examines every detail to identify weaknesses in the prosecution’s evidence. If the misrepresentation was unintentional, it does not meet the legal standard for larceny by false pretenses. Similarly, if the statement in question was true or based on a reasonable belief, the charges may lack merit. Another key defense involves challenging whether the victim relied solely on the false statement when transferring their property. If other factors influenced their decision, this element may not be satisfied.
In cases where evidence is insufficient, Attorney Cappetta works to have the charges reduced or dismissed. His experience as a former prosecutor provides insight into how the Commonwealth builds its cases and allows him to anticipate and counter their strategies effectively.
When Negotiation Is the Best DefenseIn some instances, negotiating with the prosecution offers the best path forward. Attorney Cappetta uses his skills to explore resolutions such as restitution agreements, where repaying the victim can resolve the matter without a criminal conviction. Pretrial diversion programs are another option for first-time offenders, allowing charges to be dismissed upon completing conditions like community service or counseling. For cases involving high-value theft, reducing the charges from a felony to a misdemeanor can significantly lessen the penalties. Negotiation can protect your criminal record and help minimize the impact on your career and personal life. Having a lawyer experienced in larceny by false pretenses cases in Framingham and throughout Massachusetts is essential to your defense.
Why Choose Cappetta Law Offices?Attorney Daniel Cappetta’s experience as a Framingham Larceny by False Pretenses Lawyer and former prosecutor equips him with the skills to handle complex fraud-related cases. His deep understanding of Massachusetts law allows him to identify the most effective defense strategies, whether through negotiation or courtroom advocacy. At Cappetta Law Offices, we provide personalized representation tailored to your circumstances, ensuring that every aspect of your case is thoroughly analyzed and addressed.
Contact a Lawyer TodayIf you’ve been charged with larceny by false pretenses, time is of the essence. Acting quickly can increase your chances of a favorable outcome. Attorney Daniel Cappetta is a trusted advocate who will fight to protect your rights and work toward the best resolution for your case.
Call Cappetta Law Offices at (508) 762-4540 or use our online contact form to schedule a consultation. Let us provide the experienced and dedicated representation you need to navigate this challenging time.