Theft Offenses

Theft Offenses: Shoplifting, Larceny, Robbery, Burglary

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Whether you are charged with shoplifting or burglary, you are going to need an attorney to represent you. Many people charged with shoplifting mistakenly believe that it is the equivalent of a traffic ticket. In addition, many people are tempted to plead guilty when there are other ways to resolve a shoplifting charge, even if you have prior convictions for such an offense.

Larceny, robbery and burglary are all serious offenses that will likely bring jail time with a conviction. Massachusetts Theft Defense Attorney Kevin R. Collins has years of experience working on complicated cases and is versed in the kinds of motions and trial tactics you will need to protect your rights. 

What is the Difference Between The Various Theft Charges in Massachusetts?

Massachusetts law treats theft offenses very differently depending on the value of the property involved and the manner in which it was taken. Shoplifting under $250 is typically charged as a civil infraction with a fine, but repeat offenses or higher values can quickly escalate to a criminal misdemeanor charge. Larceny over $1,200 is a felony that can carry state prison time. Robbery, theft involving force, threat, or a weapon, and burglary, unlawful entry with intent to commit a crime, are prosecuted far more aggressively and carry significantly harsher penalties, including mandatory minimum sentences in some circumstances. Understanding which charge you’re actually facing, and why, is the first step in building your defense.

What Are the Potential Penalties For a Theft Conviction?

The consequences of a theft conviction extend well beyond the courtroom. Depending on the value of the property and your criminal history, penalties can range from fines and probation to years in state prison. A conviction can also affect your ability to obtain professional licenses, secure employment, or maintain immigration status. Attorney Collins evaluates the specific facts of your case, including the value of the property, whether it was a first or subsequent offense, and how the evidence was obtained, to identify the realistic range of outcomes and the strongest path toward avoiding a conviction altogether.

Did the Police Have the Right to Stop or Search you?

Many theft cases hinge on how the evidence was gathered rather than on the alleged theft itself. If store security detained you without reasonable suspicion, if police conducted a search without a valid warrant or exception, or if statements were taken without proper Miranda warnings, that evidence may be suppressed. Attorney Collins carefully reviews the circumstances of the stop, search, and any interrogation to determine whether constitutional violations occurred that could result in a dismissal or a significantly stronger negotiating position.

What Happens After a Theft Arrest? The Court Process

1. Arraignment: your first court appearance, charges are read, plea of not guilty entered.
2. Pretrial Conference: where much of the case strategy, including motion practice, gets set.
3. Motion Hearings: arguments to suppress evidence (the stop, tests, or statements) before trial.
4. Trial or Disposition: a bench or jury trial, or a negotiated resolution such as a Continuation Without a Finding (“CWOF”) or dismissal.

Can a Theft Charge Be Resolved Without a Conviction on Your Record?

In many cases, yes. Depending on the Court, the value of the property, and your prior record, options such as pretrial diversion, a continuance without a finding (“CWOF”), or a favorable plea to a lesser offense may be available. Each of these can help you avoid a permanent criminal conviction. Massachusetts Theft Defense Attorney Kevin R. Collins has extensive experience negotiating these outcomes with prosecutors throughout Massachusetts, and understands which options are realistically on the table given the specific court and the assigned prosecutor.

Theft Offense Frequently Asked Questions (FAQs)

Does it Matter That I Wasn’t Read My Miranda Rights?

It depends. Miranda warnings are only required when a prosecutor wants to use statements you made during the investigation. If you made statements to the police, if you were in custody when you made them, and if they were made in response to questioning by the police, then it is a requirement that you were provided your Miranda warnings beforehand. If you were not in custody, if you offered up a statement spontaneously and not in response to police questioning, or if you never made any statements, Miranda warnings are not relevant to your case.

What if the Items Were Recovered by The Store?

If you are alleged to have taken items from a store or another person, it may help your case that the items were recovered by the alleged victim. It may not provide you with a defense, but it may reduce or completely eliminate your need to make restitution.

Can I get a theft charge expunged or sealed from my record?

Massachusetts allows sealing of certain records after a waiting period, though theft convictions have specific rules. Visit the Records Sealing and Expungement page here for more information.

What if this isn’t my first theft charge?

Subsequent offenses carry mandatory minimums and are prosecuted more aggressively. This is when experienced counsel matters most. Contact Attorney Collins immediately to begin building your defense.

Should I talk to police before speaking with a lawyer?

No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions beyond identifying yourself until you’ve spoken with Attorney Collins.

Contact Massachusetts Theft Attorney Kevin R. Collins For A Complimentary Consultation

If you or a loved one has been charged with any of these theft charges, you should contact Massachusetts Theft Defense Lawyer Kevin R. Collins for a complimentary consultation today.