Larceny from a person is a serious crime under Massachusetts law, carrying significant legal and personal consequences. This offense involves unlawfully taking property directly from someone's possession or control, and a conviction can result in a felony record, jail time, and steep fines. If you’ve been charged with this offense, it’s essential to act quickly and secure experienced legal representation.
At Cappetta Law Offices, Attorney Daniel Cappetta, a former prosecutor, brings years of experience defending clients in complex theft cases. As a trusted Framingham Larceny Lawyer, Attorney Cappetta is committed to protecting your rights and pursuing the best possible outcome for your case.
What Is Larceny From a Person?Massachusetts defines larceny from a person under General Laws Chapter 266, Section 25 as taking property directly from another person’s possession or control with the intent to permanently deprive them of it. This crime differs from robbery in that it does not involve the use of force or threats, but it must involve property taken directly from the victim.
Common examples of larceny from a person include stealing a wallet or phone from someone’s pocket, taking valuables from a purse or bag while the victim is holding it, or removing items left in close proximity to the victim. These incidents often occur in public spaces, making it challenging for the prosecution to prove identity and intent beyond a reasonable doubt.
Penalties for Larceny From a Person in MassachusettsLarceny from a person is classified as a felony, with significant penalties upon conviction. A guilty finding can lead to up to five years in state prison or up to two years in a house of correction if the case is prosecuted in district court. In addition to incarceration, defendants may face steep fines, restitution orders to compensate the victim, and the collateral consequences of a permanent felony record. These collateral consequences can include difficulty finding employment or housing and significant damage to one’s reputation. No matter the potential consequences having a lawyer experienced in Framingham Larceny cases is essential to obtaining the best outcome for your case.
How the Commonwealth Proves Larceny From a PersonFor a conviction, the prosecution must prove several elements beyond a reasonable doubt. First, the Commonwealth must show that the defendant took and carried away property belonging to another person. This act of taking must involve property removed from the victim's immediate possession or control. Second, it must be established that the defendant did not have the victim’s consent to take the property. Finally, the prosecution must prove the defendant’s intent to permanently deprive the victim of their property.
If any of these elements are not proven, the charges may be reduced or dismissed. Successfully challenging one or more of these elements often forms the foundation of a strong defense.
Building a Strong Defense Against Larceny From a Person ChargesA strong defense strategy is critical to challenging the prosecution's case and minimizing the impact of larceny charges. For instance, if the evidence relies on eyewitness testimony or unclear surveillance footage, an attorney can challenge its reliability. In cases where the defendant mistakenly believed the property belonged to them, the intent to permanently deprive can be disputed. Similarly, if the property was taken from a location not directly within the victim’s possession, the defense can argue that the charge does not meet the legal definition of larceny from a person.
Attorney Daniel Cappetta also examines the circumstances of the investigation and arrest. Unlawful searches or procedural violations can result in critical evidence being excluded from trial. Additionally, when avoiding conviction is unlikely, skilled negotiation may be the best strategy. Drawing on his background as a former prosecutor, Attorney Cappetta can work to reduce charges, secure probation, or arrange alternative outcomes such as restitution agreements or pretrial diversion programs. This approach can help clients avoid incarceration and minimize long-term consequences.
Why Choose Cappetta Law Offices?Being charged with larceny from a person is a daunting experience, but with the right legal representation, you can protect your rights and future. Attorney Daniel Cappetta’s unique background as a Framingham Larceny Lawyer and former prosecutor equips him to anticipate the Commonwealth’s strategies and build a tailored defense for each client. At Cappetta Law Offices, we focus on delivering client-centered representation, ensuring that your goals are prioritized and your defense is as strong as possible.
Contact an Experienced Criminal Defense Lawyer TodayIf you’ve been charged with larceny from a person in Massachusetts, it’s crucial to have experienced legal representation. Attorney Daniel Cappetta is a Framingham Larceny Lawyer who will fight to protect your rights, reputation, and future.
Call Cappetta Law Offices today at (508) 762-4540 or use our online contact form to schedule a consultation. Let us provide the guidance and advocacy you need to navigate this challenging time.