Massachusetts Theft and Larceny Defense

A first shoplifting or larceny charge brings a shame that most clients feel more sharply than the legal risk, and for students and licensed professionals the record is the real danger. Attorney Serpa handles these cases quietly, aiming to end them before arraignment where the law allows, so nothing appears on a CORI. Clients get a plain accounting of the realistic outcomes at the first meeting, not a sales pitch.

Theft and larceny charges in Massachusetts range from a civil infraction-level shoplifting allegation to felony larceny over $1,200 with state prison exposure. Despite their apparent simplicity, these charges carry consequences that extend well beyond the criminal case: a larceny CORI entry is among the most damaging for employment background checks; crimes of dishonesty are treated with particular severity by professional licensing boards; and for non-citizens, a theft offense may constitute a crime of moral turpitude or an aggravated felony depending on the charged amount and the sentence imposed. A first-time defendant who accepts a continuance without a finding (CWOF) to resolve a shoplifting charge without understanding its federal consequences may face immigration removal proceedings on what appeared to be a minor matter. Crimes of dishonesty carry special weight for licensed professionals and bank employees, as explained on our page on professional license consequences.

Some larceny and property cases can end through accord and satisfaction or another alternative to a guilty plea. Our page on dismissals, not guilty verdicts, and the alternatives to a guilty plea explains how each one works.

Attorney Joe Serpa has defended clients against theft and larceny charges across Eastern Massachusetts for thirty years, with a consistent focus on pre-arraignment resolution and the avoidance of collateral consequences. Contact Serpa Law Office at 617.936.0201 for an immediate case review.

Shoplifting Under M.G.L. c. 266, § 30A

Massachusetts shoplifting under M.G.L. c. 266, § 30A is a misdemeanor for a first or second offense. A first offense carries a fine not to exceed $250 and no mandatory jail time, and a second offense carries a fine of not less than $100 nor more than $500. A third or subsequent offense carries a fine of not more than $500 or up to two years in a jail, or both. The statute sets no lookback period, so a prior offense counts however long ago it occurred. Where the retail value is $250 or more, any violation carries a fine of not more than $1,000 or up to two and one half years in a house of correction, or both. Despite the relatively modest criminal penalties, shoplifting charges are among the most consequential for students and licensed professionals: a larceny CORI entry for a crime of dishonesty can disqualify candidates for employment, professional licensing, and security clearances regardless of the sentence imposed.

Most shoplifting charges enter the system as a clerk-magistrate hearing, a private proceeding before any complaint issues. A successful clerk-magistrate defense results in no CORI entry of any kind. This is the most important intervention point in a shoplifting case and the outcome that most protects the defendant’s long-term interests. See: Massachusetts Shoplifting and Larceny Defense Lawyer.

Larceny Under M.G.L. c. 266, § 30

Larceny of property valued at more than $1,200 is a felony under M.G.L. c. 266, § 30, carrying up to five years in state prison or up to two years in a House of Correction. Larceny under $1,200 is a misdemeanor carrying up to one year in a House of Correction. The value of the property stolen determines the felony or misdemeanor classification, and that classification has significant consequences for CORI sealing (three years for misdemeanor, seven for felony), for the aggravated felony analysis under federal immigration law (a theft offense with a one-year sentence imposed is an aggravated felony under 8 U.S.C. § 1101(a)(43)(G)), and for professional licensing disclosure obligations.

Defense of larceny charges examines: whether the defendant took the property (identity and eyewitness reliability); whether the defendant had the specific intent to permanently deprive the owner of the property (the intent element is a genuine defense in cases involving claim of right, mistake, or intoxication); and the valuation of the allegedly stolen property (the felony threshold is $1,200; a contested valuation can mean the difference between a felony and a misdemeanor). See: Larceny Over $1,200 and Financial Crimes Defense in Massachusetts.

Probation Violations in Larceny Cases

A CWOF on a shoplifting or larceny charge is the most common resolution for first-time defendants. A new theft charge while on continuance without a finding (CWOF) probation, even an arrest without conviction, is sufficient at the preponderance level to find a probation violation at the surrender hearing. The CWOF conversion to a guilty finding that results produces a permanent larceny conviction, a crime of dishonesty conviction, on the CORI. For students whose university disciplinary proceedings are triggered by a guilty finding, and for licensed professionals whose boards treat crimes of dishonesty with particular severity, preserving the CWOF at the surrender hearing is the primary defense objective. See: What Happens When You Violate Probation in Massachusetts.

Theft & Larceny Pages

• Massachusetts Shoplifting and Larceny Defense Lawyer
• Larceny Over $1,200 and Financial Crimes Defense in Massachusetts

Contact Serpa Law Office at 617.936.0201 for a free consultation. Boston office: 20 Park Plaza #400A. Quincy office: 500 Victory Rd., Suite 400A. Available 24 hours a day.