Larceny from a Person is defined as the carrying and taking away property from another person or from that person’s area of control while the person was present with the intent to permanently deprive the person of that property.
Under Massachusetts criminal law, the crime of Larceny from a Person may be found at Massachusetts General Laws, Chapter 266, Section 25.
Legal Elements of Larceny from a Person
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In order to be found guilty of Larceny from a Person under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant took and carried away property;
- that the property was owned by someone other than the defendant;
- that the defendant took the property from the person of someone who owned it, or from such person’s area of control while in that person’s presence; and
- with the intent to permanently deprive that person of the property.
Larceny from a Person is distinguished from robbery because Larceny from the Person does not involve an element of force, violence, intimidation or fear. To be guilty of robbery, the defendant must have taken the money, property or goods from another person or in that person’s presence by the use or threat of use of violence, or while armed with a dangerous weapon, with the intent to deprive that person of the money, property or goods.
Potential Punishment if Convicted of Larceny from the Person in Massachusetts
The potential consequences for Larceny from a Person, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 266, Section 25.
A defendant convicted of a Larceny from a Person shall be sentenced to state prison for not more than 5 years or in jail for not more than 2 ½ years.
If the Larceny is committed against a person who was 65 years of age or older, the defendant shall be sentenced to state prison for not more than 5 years or in jail for not more than 2 ½ years.
If you have been charged with Larceny from the Person and need an experienced attorney call (508) 213-9113 to schedule a free consultation with top Massachusetts Larceny Defense Attorneys at the Law Office of John L. Calcagni III.
