Larceny From the Person
Larceny From the Person is the wrongful taking, without the element element of force or fear, of personal property from the person of another, or from the immediate control of another, with the intent to deprive that person of such property permanently.
In Massachusetts, the Theft Crime of Larceny From the Person is punishable, per General Laws Chapter 266, Section 25(b), by up to 2.5 years in the House of Corrections, or up to 5 years in state prison.
In order to prove the crime of Larceny From the Person, the prosecutor is required to prove, beyond a reasonable doubt:
- 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 in that person’s presence; and
- That the defendant did so with the intent to deprive that person of the property permanently.
The element of “taking and carrying away” is accomplished if the defendant unlawfully physically transfers the property from the other person’s control to his own. It does not matter if the transfer involves only slight movement, or if it lasts for only a short time.
Boston Criminal Lawyer Lefteris K. Travayiakis has several years’ experience in defending persons accused of the crime of Larceny From the Person, as well as other Theft Crimes.
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