Theft Charges in Massachusetts: What You Need to Know

Being accused of theft in Massachusetts does not always mean the situation is as straightforward as it first appears. You may have believed you had permission to use or take property, thought the property belonged to you, intended to return something you borrowed, or received property without knowing that it had been stolen.

Massachusetts does not use one single criminal offense called “theft” for every property-related accusation. Depending on what allegedly happened, a case may involve larceny, shoplifting, receiving stolen property, embezzlement, false pretenses, or another offense. The specific charge, property involved, evidence, and what the Commonwealth claims you intended can all affect the case.

What Is Considered Theft in Massachusetts?

“Theft” is commonly used as a general term, but Massachusetts criminal law recognizes several different offenses.

Depending on the circumstances, a person may face allegations involving:

• Larceny by stealing;
• Larceny by false pretenses;
• Larceny by embezzlement;
• Shoplifting;
• Receiving stolen property; or
• Other property-related offenses under Massachusetts law.

Each offense has its own elements. What the Commonwealth must prove therefore depends on the actual statute charged rather than simply whether someone describes the conduct as “theft.”

For a detailed explanation of general larceny law, see our Larceny Charges in Massachusetts: Penalties and Defenses page.

What Is Larceny Under Massachusetts Law?

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

The statute covers stealing as well as certain conduct involving false pretenses, embezzlement, unlawful conversion, and concealment of another person’s property.

For traditional larceny by stealing, the Commonwealth generally must prove beyond a reasonable doubt that the defendant took and carried away property belonging to another person and intended to deprive that person of the property permanently.

The required intent is important. An ownership dispute, permission to use the property, an honest belief that you had a right to possess it, or evidence that you intended to return it may raise important issues that should be examined carefully.

Does the Value of the Property Affect a Theft Charge?

It can. For general larceny under Massachusetts General Laws Chapter 266, Section 30, $1,200 is the principal value threshold used in the statute’s general penalty provisions.

If the value of the property exceeds $1,200, the statute generally 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.

If the value does not exceed $1,200 and the property is not a firearm as defined by Massachusetts law, the statute generally provides for:

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

These are statutory maximum penalties for general larceny. Other theft-related offenses have different elements and penalty structures, and Section 30 also contains special provisions for certain property and victims.

Does Massachusetts Use “Grand Theft” or “Petty Theft” Charges?

People frequently search for terms such as “grand theft,” “grand larceny,” “petit larceny,” or “petty theft,” but those are not the formal names Massachusetts uses to divide ordinary larceny offenses under Section 30.

For general larceny, Massachusetts instead uses the value of the property and other statutory circumstances to determine the applicable penalty provision. The current general value threshold is $1,200.

How Is Shoplifting Different From General Theft or Larceny?

Shoplifting is a specific retail offense governed by Massachusetts General Laws Chapter 266, Section 30A.

Shoplifting involves more than simply walking out of a store without paying. Depending on the allegations, the statute can apply to conduct such as:

• Taking or carrying away merchandise;
• Concealing merchandise;
• Changing or removing price tags;
• Switching merchandise between containers;
• Intentionally recording a lower price; or
• Other conduct identified in the shoplifting statute.

Massachusetts shoplifting law has its own penalty structure and continues to use a $250 threshold, which should not be confused with the $1,200 general-larceny threshold.

For more information about retail theft allegations, see Shoplifting Charges in Massachusetts: Penalties and Defenses.

How Is Receiving Stolen Property Different From Theft?

A person does not necessarily have to be accused of personally stealing property to face a theft-related criminal charge.

Under Massachusetts General Laws Chapter 266, Section 60, a person may be charged with receiving stolen property if the Commonwealth alleges that the person bought, received, or aided in concealing stolen or embezzled property while knowing that it was stolen or embezzled.

Knowledge is therefore often a central issue. The fact that an item turns out to have been stolen does not automatically prove that everyone who later possessed or purchased it knew that fact.

For more information about the charge itself, see our Receiving Stolen Property page.

You can also read our article about receiving stolen property in Massachusetts, including issues involving knowledge, possession, online purchases, and property value.

What If You Thought the Property Was Yours?

An honest belief about ownership or the right to possess property can be important in a Massachusetts larceny case.

Massachusetts model jury instructions recognize that a defendant cannot be convicted of larceny if the defendant honestly believed that they had a right to the property or honestly believed that the property had been abandoned, even if that belief was unreasonable.

This does not mean that merely claiming ownership automatically defeats a criminal charge. Documents, prior agreements, communications, payment records, witness testimony, and the circumstances surrounding the property may all be important.

What If You Were Only Borrowing the Property?

For traditional larceny by stealing, the Commonwealth generally must prove an intent to deprive the owner of the property permanently.

If you genuinely intended to return the property, that may raise an important issue about intent. However, describing something as “borrowing” does not automatically prevent a criminal charge.

Investigators and prosecutors may consider how the property was obtained, how long it was kept, whether permission was given, what was communicated before and afterward, and what other evidence exists concerning the defendant’s intent.

Does Returning Property Make a Theft or Larceny Charge Go Away?

No. Returning property does not automatically erase a criminal allegation.

The Commonwealth’s case may depend in part on what the defendant intended at the time of the alleged taking. Returning property afterward may be relevant to the surrounding circumstances, restitution, negotiations, or how the case is ultimately resolved, but it does not automatically require the charge to be dismissed.

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

Can Larceny Charges Be Dropped in Massachusetts?

Some larceny cases end without a conviction, but there is no automatic rule requiring a charge to disappear because property was returned, the accused has no prior record, or a complaining witness changes their mind.

How a case may be resolved depends on factors such as whether a criminal complaint has already issued, the evidence supporting the allegations, the stage of the case, and whether the Commonwealth can prove the required elements.

For a detailed discussion of these issues, read Can Larceny Charges Be Dropped in Massachusetts?

What Evidence May Be Used in a Theft Case?

The evidence depends on the nature of the accusation. A Massachusetts theft case may involve:

• Surveillance video;
• Witness statements;
• Receipts and purchase records;
• Bank and credit card records;
• Emails, text messages, or social-media communications;
• Contracts or agreements;
• Employment or business records;
• Online marketplace listings or transaction records;
• Photos or digital records;
• Evidence of ownership or permission;
• Evidence concerning the value of the property;
• Evidence concerning what happened to the property afterward; and
• Statements allegedly made by the accused.

A theft allegation should be evaluated based on what the Commonwealth can actually prove rather than simply on the accusation itself.

What Defenses May Apply to a Theft Charge?

The appropriate defense depends on the particular offense charged and the available evidence.

Issues that may need to be considered include:

• Lack of criminal intent: The evidence may not establish the intent required for the particular offense.
• Honest belief of ownership: The accused may have believed that the property belonged to them or that they had a right to possess it.
• Permission: The owner may have authorized the possession or use of the property.
• Mistake or misunderstanding: The circumstances may have an innocent explanation.
• Intent to return property: Evidence may contradict an allegation that the accused intended permanent deprivation.
• Lack of knowledge: In a receiving stolen property case, the evidence may not prove that the accused knew the property was stolen.
• Misidentification: Witnesses or video may not reliably identify the person responsible.
• Insufficient evidence: The Commonwealth may be unable to prove every required element beyond a reasonable doubt.
• Disputed property value: The prosecution’s valuation may be incorrect or unsupported.
• Search or statement issues: Evidence may need to be reviewed to determine whether constitutional or procedural protections were violated.

Can a Theft Case Begin With a Clerk Magistrate Hearing?

Some Massachusetts criminal matters 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, depending on the type of complaint and circumstances, have an opportunity to oppose the issuance of criminal process before a complaint issues.

At a Clerk Magistrate Hearing, sometimes called a Show Cause Hearing, the Clerk Magistrate considers whether probable cause exists to issue a criminal complaint.

Depending on the circumstances, an attorney may present relevant information, address factual disputes, and argue that the complaint should not issue. Not every theft case qualifies for this procedure, and no particular outcome is guaranteed.

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

What Should You Do If You Are Accused of Theft?

If you receive a summons, court notice, Clerk Magistrate Hearing notice, or other paperwork, do not ignore it.

You should also preserve evidence that may help explain what happened, including:

• Receipts;
• Bank or payment records;
• Texts and emails;
• Online purchase or marketplace records;
• Contracts or agreements;
• Photos or video;
• Documents showing ownership or permission;
• Witness information; and
• Police or court paperwork.

Be cautious about making unnecessary statements to police, a complaining witness, an employer, a store, or another person involved in the allegation before understanding how those statements may affect the case.

Can a Theft Charge Affect More Than the Criminal Case?

A theft-related conviction can have consequences beyond possible fines, probation, or incarceration. Depending on the circumstances, a criminal record may affect employment, professional licensing, housing, education, or other opportunities.

For non-U.S. citizens, some criminal charges or convictions may also have immigration consequences. Because immigration consequences depend on the exact offense and individual circumstances, anyone with immigration concerns should obtain advice addressing both the criminal and immigration issues involved.

How Can a Massachusetts Theft Defense Attorney Help?

A criminal defense attorney can identify the specific theft-related offense being alleged and review what the Commonwealth must prove.

Depending on the case, an attorney may:

• Review police reports and charging documents;
• Examine evidence concerning ownership, permission, or authorization;
• Analyze whether the evidence establishes the required criminal intent;
• Review surveillance video and witness statements;
• Evaluate receipts, financial records, communications, and online transactions;
• Challenge the alleged value of the property when appropriate;
• Represent you at a Clerk Magistrate Hearing when applicable;
• Evaluate search, seizure, or statement issues;
• Discuss available resolutions; and
• Prepare the case for trial when necessary.

Facing Theft Charges in Massachusetts?

A theft accusation can have significant legal and personal consequences, but an accusation is not a conviction. The Commonwealth must prove the elements of the specific offense charged beyond a reasonable doubt.

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

If you have received a summons, Clerk Magistrate Hearing notice, or criminal complaint involving a theft allegation, 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. The potential penalties and defense options depend on the exact offense, evidence, property involved, criminal history, and procedural circumstances.