Massachusetts General Laws Chapter 266, Section 30 discusses the crime of larceny by false pretenses. This is a criminal action that occurs when a person relies on fraudulent statements or dishonesty to take possession of another person’s property.
Larceny by false pretenses isn’t the same thing as forgetting to return an item borrowed from someone. Instead, it involves purposeful dishonesty in order to make money or obtain another person’s assets.
Ways larceny by false pretenses may occur
Larceny under false pretenses can occur in a variety of ways. The key is that it must be done to deprive the victim of their belongings. This could mean telling someone that an item or service is worth more than it is just to make an increased profit, selling counterfeit items while claiming they’re authentic or making false statements about the condition of an item.
Larceny under false pretenses isn’t limited only to physical goods and services. Using false pretenses to gain trade secrets from a business can also result in these charges. The law also includes the theft of electronically stored information as the target of a larceny by false pretenses charge.
Sentencing for larceny by false pretenses convictions
The value of the items or goods that are stolen plays a primary role in the sentence a person can face. The type of item that’s taken also determines what sentence is possible. For example, if a firearm is stolen, the penalties are different than for other items.
If the item isn’t a firearm and the value is $1,200 or less, the person faces up to a year of imprisonment or a fine of up to $1,500.
If the value is more than $1,200 or if the item was a firearm of any value, the person faces up to five years in prison. Alternatively, the court can sentence a person to up to two years of imprisonment and a fine of up to $25,000.
Enhancing factors for larceny by false pretenses charges
A person who’s facing a larceny by false pretenses charge in Massachusetts can face enhanced penalties if the victim in the matter was over 60 years old or if they were disabled.
Anyone who’s facing charges for larceny by false pretenses should explore their options for a defense strategy. These charges can result in serious consequences that can follow a person through life, so working with someone familiar with these matters is beneficial.