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Larceny By Stealing In a Building
This particular sub-crime of larceny is governed by Massachusetts General Laws Chapter 266 Section 20 which states that:
"Whoever steals in a building, ship, vessel or railroad car shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than five hundred dollars or by imprisonment in jail for not more than two years."
To obtain a conviction on this crime in Massachusetts, prosecutors must prove beyond a reasonable doubt the following four elements of the crime:
- The defendant took and carried away property;
- The property taken was from a building;
- The property belonged to another person;
- The defendant took the property with the intent to permanently deprive the true owner of the property.
Interestingly, this law applies also to stealing property housed in a railroad car, a ship, or "vessel." There are some important distinctions about this crime: First, it is a felony offense to steal property housed in a building, ship, railroad car or other vessel. For this particular statute to apply the property that is stolen must be "under the protection of the building," and not so much under the protection or watchful eye of people who might be present in the building (such as employees.) Translated, that means that the property which is stolen must have been stored in the building, ship or railroad car for safe keeping. To contrast, shoplifting from a retail store does not constitute the offense of "larceny from a building." A 1996 Massachusetts case states this best:
"For over 100 years, it has been held that in order to obtain a conviction for the crime of larceny in a building, "it suffices for the Commonwealth to establish that the stolen property was inside a building during the theft and that the defendant was the perpetrator. Additionally, it is essential to demonstrate the property was under the protection of the building, placed there for safe keeping, and not under the eye or personal care of someone in the building."
Commonwealth v. Sullivan, 40 Mass.App.Ct. 284 (1996), quoting from Commonwealth v. Lester, 129 Mass. 101 (1880).
Legal consequences for Larceny by Stealing In a Building
This crime is a felony offense, regardless of the value of the property which is stolen.
Sentencing ranges include imprisonment in state prison for up to five years, or a fine of up to five hundred dollars, or imprisonment in a county jail for up to two years.
Why Hire The Law Firm of William D. Kickham and Associates To Defend You?
Because If you face charges for Larceny by Stealing In a Building. Having a skilled Massachusetts Larceny Defense Lawyer is essential. If you or someone you're acquainted with is accused of this offense or any other form of theft crime in Massachusetts, it's crucial to promptly reach out to a criminal defense attorney in the state. Feel free to call us around the clock, seven days a week, or get in touch with our office for a complimentary initial consultation via phone or email at Ph.: (781) 320-0062 or Ph.: (617) 285-3600. Whatever you do, ensure that your choice of attorney is not solely based on the lowest fee you receive. In the legal profession as in any profession, "you get what you pay for." If the attorney defending you is not very experienced in handling these types of cases, you will very likely end up with a less than desirable legal outcome. Don't make that mistake. Call us or contact us by email now.
