Theft and Property Crimes
When facing a theft, larceny, or property crime, Springfield Property Crime lawyer Dan Daly at Daly Law, P.C. is ready to fight for you. While there are many different property and theft offenses that prosecutors can charge you with, below are the most frequent we defend against.Breaking and Entering - M.G.L. Ch. 266, § 16
In Massachusetts, B&E can occur under many different theories, including at day time or night time, and for felony or for misdemeanor. While a “breaking” can be a forceful or damaging entry into a building, it can also occur with minimal forceful such as if a person opens a closed door. Prosecutions on this offense can often involve the presence of DNA evidence (skin cells, sweat, fingerprints, etc.), and as such, it is absolutely vital that defense counsel be well-versed with the fundamentals of DNA evidence to properly defend these types of cases. If indicted, a person is exposed to a 20 year state prison sentence or up to a 2.5 jail sentence if the case remains in the District Court.Malicious Destruction of Property - M.G.L. Ch. 266, § 127
It is illegal to willfully and maliciously destroy the property of another in Massachusetts. In order to secure a conviction for this offense, the Government must prove that a person destroyed or injured another person’s property, that it was done so intentionally, and with malice. Like a theft or larceny offense, DOP will be a felony or misdemeanor depending on the value of the property (over $250 is a felony, while under $250 is a misdemeanor). A person can also be charged with “wanton” DOP if damage to property over $250 is done recklessly and with a conscious disregard of substantial harm to people or property. Those convicted of felony DOP are subject to a state prison sentence up to 10 years or a jail sentence up to 2.5 years in addition to a fine of $3,000 or 3x the value of the damaged property. For DOP under $250, up to 2.5 months in jail or a fine of up to 3x the value of the damaged property can be imposed.Larceny- M.G.L. Ch. 266, § 30(1)
Larceny is charged when someone steals another’s property. Under the statute, there are many different ways a larceny can be committed. For example, it can be done by an overt taking, by false pretenses, by a scheme, or even by cashing a false check. Generally speaking, a felony Larceny will be charged when the value of the property exceeds $1,200.00 (any dollar value under that is a misdemeanor). In order to prove a Larceny, the Government must prove that someone unlawfully took and carried away the property of another with the intent to permanently deprive them of their property. A person convicted of a Larceny Over $1,200 is subject to a state prison sentence not to exceed 5 years or a jail sentence not to exceed 2 years. A fine may also be imposed not to exceed $25,000. A person convicted of Larceny Under $1,200 is subject to a jail sentence up to 1 year or a fine up to $300.Larceny of a Motor Vehicle - M.G.L. Ch. 266, § 28
In Massachusetts, it is a separate and serious offense to be accused of stealing a motor vehicle. Also falling under the purview of this statute, it is unlawful for a person to buy, receive, conceal, or control a motor vehicle that they know or should have reason to know is stolen. On this point, it is imperative that a Springfield Larceny Attorney highlight favorable facts that negate this “knowledge” such as a lack of any steering column or ignition damage, a lack of any broken windows or door locks, and an absence of any tools or implements that could be used to steal or gain access to the vehicle. If convicted of this offense, a person is subject to up to 15 years in state prison or 2.5 years in jail and/or a fine of up to $5,000. In addition, a conviction will result in a 1 year loss of license or a 5 year loss of license for a subsequent offense.Unauthorized Use of a Motor Vehicle - M.G.L. Ch. 90, § 24[a]
In order for the Government to prove this offense, they must show that a person used the motor vehicle of another person without permission and that they knew they didn’t have permission or authority to use it. Defense of this charge often hinges on that final “knowing” element of the offense. While this offense can be brought against passengers as well a drives of the vehicle at issue, generally speaking, it is often a very defensible charge when dealing with a person who is charged as a passenger. A person convicted of this offense is exposed to a minimum mandatory jail sentence of 30 days up to 2 years and a fine ranging from $500 to $5,000.
A Springfield Property Crime Lawyer like Dan Daly is your best chance at defeating a daunting Criminal Complaint. Don’t go into court alone and intimidated. Call Daly Law, P.C. now to assist you in mounting a serious criminal defense.