Theft and Larceny Lawyer in Massachusetts

Theft and Larceny Lawyer in Massachusetts

Theft and Larceny Lawyer in Massachusetts

Theft encompasses various offenses. These offenses can include shoplifting, car break-ins, missing packages, employee theft, or family property disputes that escalate to criminal court. These cases may trigger immediate civil demands, store bans, job termination risks, and a criminal record alongside jail time and fines. Foglia & Associates defends clients in the Framingham District Court and other courts throughout Massachusetts (Worcester, Milford, Natick, Marlborough).​​

At Foglia and Associates, our attorneys combine expertise as former prosecutors with years of defense experience  to provide the best strategy for your case. Our understanding of how police conduct investigations and how prosecutors present cases at trial gives Foglia and Associates a key advantage in defending our clients. It helps us attack the allegations efficiently with a high chance of success at trial. It also helps us negotiate a favorable resolution to the case where appropriate.

Why Choose Foglia and Associates to Defend you on a Theft Offense?

Theft offenses vary in range of severity. Defending the most severe felony offenses requires an in-depth understanding of legal issues and how to use evidentiary rules in defense strategy. For example, a common issue in these cases is how the police identified a perpetrator and whether such identification may be later used at trial. Identification is one of the most complex issues in the criminal justice system. Timing and circumstances, police procedures and actions, and even ordinary civilian witnesses’ actions must be scrutinized against the applicable law of identification. At Foglia and Associates, our attorneys are experts in the law of identification. Our attorneys have successfully applied this expertise in countless cases to challenge identifications, leading to dismissals and acquittals for our clients.

Many theft offenses are misdemeanors. In such cases, there may be opportunities to favorably resolve these matters at Magistrate Hearings or prior to arraignments. Foglia and Associates is a respected law firm, well known in the courts we serve. Our attorneys spent years in the justice system in prosecution and defense. They developed strong professional relationships with police, prosecutors, Judges, magistrates and courthouse employees, helping them successfully resolve countless theft cases at these stages with minimal, if any impact on our client’s future. We use our reputation to provide our clients with the best chances of success!

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What Are Theft Offenses In Massachusetts?

Theft offenses come in many different forms. Generally, larceny offenses share certain basic elements involving the taking of property belonging to another person without their permission and with the intent to permanently deprive them of that property. Some larceny offenses target the theft of certain items (such as: motor vehicles or firearms). Others depend on the location from which the property was taken (such as: a retail store, building, or a vehicle)​. Other theft offenses include the receiving of stolen property, breaking and entering, and identity fraud offenses.

At Foglia and Associates, our attorneys have extensive experience with all forms of theft related offenses, including:

  • Larceny Under $1200 (misdemeanor); Larceny Over $1200 (felony)
  • Shoplifting
  • Larceny from a Person
  • Larceny from a Motor Vehicle; from a Building; from a Depository
  • Larceny of a Motor Vehicle
  • Receiving Stolen Property Under $1200 (misdemeanor); Receiving Stolen Property Over $1200 (felony)
  • Identity Fraud
  • Fraudulent Insurance Claim
  • Misuse of Credit Card
  • Forgery (of checks, RMV documents)
  • Breaking and Entering (various forms depending on location of break-in, time of day, and intent)

Penalties for these offenses range from fees to probation to possible incarceration. For felony offenses, prosecution in the Superior Court is possible, exposing offenders to state prison time. 

Experienced counsel frequently gets evidence thrown out through court motions.

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Why you must contact an attorney immediately

Time is your enemy in both personal injury and criminal defense cases. Every day you wait:

For personal injury cases evidence disappears every day

Within days or weeks:

  • Accident scenes change (hazards repaired, weather changes)
  • Witnesses forget details or move away
  • Security camera footage is deleted (can be as soon as 7-days)
  • Your own memory fades
  • Physical evidence deteriorates

Property owners and insurance companies:

  • Destroy evidence
  • Coach witnesses
  • Alter records
  • Develop defenses against you

Legal Deadlines:

  • 3-year statute of limitations for most injury claims
  • 30-day notice requirement for municipal claims
  • Shorter deadlines for specific situations

The sooner you call, the stronger your case.

For criminal cases: your rights are at risk right now

From the
moment of arrest:

  • Anything you say can be used against you
  • Police are building evidence
  • Prosecutors are reviewing charges
  • Time is critical for preserving evidence

Early attorney involvement means:

  • Protecting your constitutional rights
  • Preventing you from making damaging statements
  • Beginning investigation immediately
  • Filing critical motions early
  • Negotiating before charges filed (sometimes)

Bail Hearings:

  • Having an attorney at first appearance is crucial
  • An attorney can fight to avoid custody
  • Conditions of release are typically imposed

Evidence Preservation:

  • Surveillance footage is deleted
  • Witnesses forget or disappear
  • Physical evidence deteriorates
  • Social media posts disappear

Don't wait. Call immediately.

Frequently asked questions

No. Although both offenses may be charged, a person cannot be convicted for both stealing and receiving the same property.​

Not necessarily. Attorneys at Foglia and Associates are often successful at resolving minor theft offenses at Magistrate Hearings or prior to arraignment, thus avoiding an entry on the criminal record.

No, larceny requires the taking of property, however breaking and entering into a motor vehicle is its .​

Paying the demand does not automatically prevent prosecution, however, it may help resolve the matter prior to arraignment.​

To convict on a fraudulent insurance claim charge, the prosecution must prove that you intended to injure, defraud or deceive the insurance company.​

Yes. Shoplifting over $250 carries a maximum jail time of 2.5 years.

Yes. For larceny, if the value is under $1,200, the offense is a misdemeanor. If it is over $1,200, it is a felony.​