Larceny Charges in Massachusetts: Penalties & Defenses

A larceny charge in Massachusetts can involve much more than simply taking someone else’s property. Massachusetts law covers several forms of larceny, including stealing, obtaining property by false pretenses, embezzlement, and certain unlawful conversions of another person’s property.

The exact allegation matters. The Commonwealth must prove the elements of the particular form of larceny charged, and issues involving intent, ownership, the value of the property, identification, and the evidence surrounding the alleged taking can all affect the case.

What Is Larceny in Massachusetts?

Larceny is governed primarily by Massachusetts General Laws Chapter 266, Section 30.

Massachusetts law brings several forms of unlawful taking or conversion under the general larceny statute. Depending on the allegations, a case may involve:

• Larceny by stealing;
• Larceny by false pretenses;
• Larceny by embezzlement; or
• Certain unlawful conversions or concealment of another person’s property.

The Commonwealth must prove the elements of the particular theory of larceny involved. A dispute over property, a misunderstanding, or possession of property that belongs to someone else does not automatically establish criminal larceny.

For a broader explanation of theft-related offenses, see our page about theft charges in Massachusetts.

What Must the Commonwealth Prove for Larceny by Stealing?

For traditional larceny by stealing, the Massachusetts criminal model jury instructions state that the Commonwealth generally must prove beyond a reasonable doubt that:

• The defendant took and carried away property;
• The property was owned or possessed by someone other than the defendant; and
• The defendant intended to deprive that person of the property permanently.

The “taking and carrying away” requirement does not necessarily require the property to be moved a great distance. Even slight movement may satisfy that element. However, the Commonwealth must still prove the required criminal intent.

You can review the official Massachusetts Larceny by Stealing Model Jury Instruction.

Does the Value of the Property Matter?

Yes. Under the current version of Massachusetts General Laws Chapter 266, Section 30, $1,200 is an important value threshold for general larceny penalties.

If the value of the property exceeds $1,200, the potential statutory penalties are more serious. Section 30 also contains special rules for certain types of property and circumstances, including firearms.

Older Massachusetts information that still describes $250 as the general dividing line for ordinary larceny penalties is outdated. The general threshold was increased to $1,200 in 2018.

What Are the Penalties for Larceny of More Than $1,200?

Under Massachusetts General Laws Chapter 266, Section 30, when the value of the stolen property exceeds $1,200, the statute provides for:

• Imprisonment in state prison for up to five years; or
• A fine of up to $25,000 and imprisonment in jail for up to two years.

The same general penalty provision applies when the property stolen is a firearm as defined by Massachusetts law, regardless of its value.

What Are the Penalties for Larceny of $1,200 or Less?

When the value of the property does not exceed $1,200 and the property is not a firearm, the general statute provides for:

• Imprisonment in jail for up to one year; or
• A fine of up to $1,500.

These are statutory maximum penalties. The outcome of an individual case depends on the actual charge, the evidence, the person’s record, the court process, and how the case is ultimately resolved.

Are “Grand Larceny” and “Petit Larceny” Massachusetts Charges?

People often search for terms such as “grand larceny,” “petit larceny,” or “petty larceny,” but Massachusetts General Laws Chapter 266, Section 30 does not formally divide general larceny into crimes named “Grand Larceny” and “Petit Larceny.”

Instead, Massachusetts uses its own statutory structure. For general larceny under Section 30, the value of the property can affect the applicable penalties, with $1,200 serving as the current general threshold.

The exact charge listed on your criminal complaint is more important than terminology used on websites or in other states.

Can Larceny Charges Be Dropped in Massachusetts?

In some cases, a larceny allegation can end without a conviction, but there is no automatic rule requiring a charge to be dropped because the accused has no prior record, the property was returned, or a complaining witness no longer wants the case to continue.

Once a criminal case is being prosecuted, the prosecutor generally controls whether the Commonwealth continues the prosecution. Under Massachusetts Rule of Criminal Procedure 16, a prosecutor may enter a nolle prosequi on a pending charge under the circumstances provided by the rule.

Whether a larceny case may be dismissed, resolved before trial, or prevented from becoming a formal criminal complaint depends on the stage of the case and the evidence involved.

For a detailed explanation, read Can Larceny Charges Be Dropped in Massachusetts?

Does Returning the Property Make a Larceny Charge Go Away?

No. Returning property does not automatically eliminate a Massachusetts larceny allegation.

An important issue in a larceny case is whether the Commonwealth can prove the required intent at the time of the alleged taking or conversion. What happens afterward may still be relevant to restitution, negotiations, the complaining witness’s position, or the overall circumstances, but returning the property does not by itself erase the original allegation.

Someone accused of larceny should also be careful about making statements, sending messages, signing agreements, or making payments in an attempt to resolve the situation without first considering how those actions could affect the criminal case.

For more information, see our FAQ: Does returning property make a larceny charge go away in Massachusetts?

What Types of Property Can Be Involved in a Larceny Case?

Massachusetts law defines property broadly. A larceny allegation is not limited to cash or ordinary personal belongings.

Depending on the circumstances, property covered by Section 30 may include:

• Money;
• Personal property;
• Bank notes, bonds, and certain financial instruments;
• Contracts, receipts, and records;
• Security deposits;
• Electronically processed or stored data;
• Telecommunications services;
• Certain animals; and
• Other property identified by the statute.

Other Massachusetts statutes may apply when the allegation involves a particular type of property or a specific form of theft.

How Is Larceny Different From Shoplifting?

Shoplifting is a specific retail offense governed by Massachusetts General Laws Chapter 266, Section 30A. General larceny under Section 30 is broader and is not limited to retail stores or merchandise offered for sale.

A shoplifting case may involve allegations such as taking or concealing store merchandise, switching price tags or containers, recording a false price, or other conduct specifically addressed by the shoplifting statute.

If the accusation arose in a retail store, see our guide to shoplifting charges in Massachusetts.

How Is Larceny Different From Receiving Stolen Property?

Larceny generally involves an allegation that the accused person unlawfully took, obtained, or converted property. Receiving stolen property involves a different allegation: that a person received, bought, possessed, or helped conceal property while knowing that it had been stolen.

The distinction is important because possessing stolen property does not necessarily prove that the person was the one who originally stole it.

For a more detailed explanation, see Receiving Stolen Property in Massachusetts.

What Evidence May Be Used in a Larceny Case?

The evidence depends on the type of larceny alleged and the circumstances of the case. Evidence may include:

• Surveillance video;
• Witness statements;
• Receipts and transaction records;
• Bank or credit card records;
• Text messages, emails, or other communications;
• Business or employment records;
• Documents concerning ownership or permission;
• Evidence concerning the value of the property;
• Statements allegedly made by the accused person; and
• Evidence concerning what happened to the property afterward.

The fact that property is missing does not by itself establish who took it or whether the person accused acted with the intent required for larceny.

What Defenses May Apply to a Larceny Charge?

No single defense applies to every larceny case. The defense depends on the form of larceny alleged and the evidence available.

Issues that may be important include:

• Lack of criminal intent: The evidence may not establish an intent to permanently deprive the owner of the property.
• Ownership or right to possession: There may be a legitimate dispute about who owned the property or who had the right to possess it.
• Mistake or misunderstanding: The circumstances may support an innocent explanation rather than an intentional theft.
• Misidentification: Witness testimony or surveillance evidence may not reliably establish who was responsible.
• Insufficient evidence: The Commonwealth may be unable to prove one or more elements beyond a reasonable doubt.
• Disputed value: The alleged value of the property may be inaccurate or inadequately supported.
• Statements or search issues: Evidence may need to be reviewed to determine whether constitutional or procedural issues affect its admissibility.

An attorney should evaluate the specific criminal complaint, police reports, witness statements, video, records, and other evidence rather than assuming that one defense applies to every larceny charge.

Can a Larceny Case Begin With a Clerk Magistrate Hearing?

Yes, in some circumstances. A Massachusetts criminal matter may begin with an application for a criminal complaint rather than an immediate arrest and arraignment.

Under Massachusetts General Laws Chapter 218, Section 35A, a person who has not been arrested may be entitled to an opportunity to oppose the issuance of a criminal complaint in qualifying circumstances.

At a Clerk Magistrate Hearing, sometimes called a Show Cause Hearing, the clerk magistrate considers whether probable cause exists to issue the complaint. Depending on the case, an attorney may present relevant information, address factual disputes, and argue that a complaint should not issue.

Not every larceny case qualifies for this procedure, and no particular result is guaranteed.

For more information, read What Happens at a Clerk Magistrate Hearing in Massachusetts?

What Should You Do If You Are Accused of Larceny?

Do not ignore a summons, Clerk Magistrate Hearing notice, arraignment date, or other court paperwork.

You should also preserve documents and information that may help explain what happened. Depending on the case, useful evidence may include:

• Receipts;
• Bank or payment records;
• Emails and text messages;
• Contracts or agreements;
• Photographs or video;
• Documents showing ownership, authorization, or permission;
• Witness information; and
• Police reports or other court paperwork you receive.

It is also important to be cautious about making unnecessary statements to police, a complaining witness, an employer, a store, or another person involved in the dispute before understanding how those statements could affect the case.

How Can a Massachusetts Larceny Defense Attorney Help?

A criminal defense attorney can review the type of larceny alleged, the evidence supporting the accusation, and the stage of the Massachusetts court process.

Depending on the circumstances, an attorney may:

• Review police reports and charging documents;
• Analyze surveillance footage and witness statements;
• Examine ownership and possession issues;
• Evaluate whether the Commonwealth can prove the required intent;
• Challenge the alleged value of the property when appropriate;
• Represent the accused person at a Clerk Magistrate Hearing when available;
• Evaluate evidentiary, constitutional, and procedural issues;
• Discuss available resolutions; and
• Prepare the case for trial when necessary.

Facing Larceny Charges in Massachusetts?

A larceny accusation can have significant legal and personal consequences, but being charged does not mean that you have been convicted. The Commonwealth must prove every required element of the offense beyond a reasonable doubt.

The Law Offices of Elliot Savitz & Scott Bradley represents clients facing larceny, theft, shoplifting, receiving stolen property, and other Massachusetts criminal charges.

If you have received a summons, Clerk Magistrate Hearing notice, or criminal complaint involving larceny, contact us today to discuss your situation.

This page provides general information about Massachusetts criminal law and is not legal advice for a particular case. Every case depends on its specific facts, evidence, criminal history, and procedural posture.