Massachusetts Criminal Defense Attorney Blog
Framingham, Massachusetts police responded to a call on Route 9 early yesterday morning after a security guard at a local apartment complex heard a car crash. When officers arrived they found seventeen year old Jefferson Deandre behind the wheel of a stolen Camry. Another unnamed passenger was observed in the back seat suffering from what have been described as serious injuries. The incident occurred sometime around 2:30 in the morning. Another passenger, Joel Figueroa fled into the woods where he was apprehended by the police. Figueroa also sustained injuries. During interrogation by the police Deandre admitted to stealing the car. He provided the location from where he had taken the vehicle as well. He was subsequently charged in the Framingham District Court with Receiving Stolen Property Over $250, and Larceny of a Motor Vehicle. Figueroa was charged with variations of the same crimes.
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Car Theft Defense Law Firm in Massachusetts
Massachusetts Larceny Defense Lawyer
Larceny of a Motor Vehicle in Massachusetts is a felony pursuant to Massachusetts General Laws Chapter 266 Section 28(a). The law states that anyone who knowing steals a motor vehicle can be punished by up to fifteen years in state prison or up to two and one half years in the house of correction. Here is an interesting aspect to this law. The charges cannot be continued without a finding. For people convicted for a second or subsequent such offense there is a mandatory minimum one year jail sentence. To prove someone guilty of this crime in Massachusetts the prosecution must prove beyond a reasonable doubt three elements: 1) that the accused took a motor vehicle; 2) that the vehicle was owned by someone else; and 3) that it was the defendant’s intention to do so with the intent to permanently deprive the owner of the vehicle.
Usually Larceny of a Motor Vehicle is charged with the Crime of Use Without Authority. That crime is identified under the same statute. That crime is also known as “joyriding”. The punishment for a conviction for joyriding is the same as Larceny of a Motor Vehicle in Massachusetts. The reason that both crimes are charged together stems from the fact that prosecutors may not be certain of the defendant’s intent so they want to leave options open. For instance, if the accused is charged with Larceny of a Motor Vehicle only his defense might be that he only intended to drive around in the car and return it later. If the jury believed him he would be acquitted of the Larceny of a Motor Vehicle charge even though he admitted to having committed another crime. Thus, the two are typically charged simultaneously.
There are defenses to these the crimes discussed in this post making it important for anyone accused to hire an Experienced Massachusetts Criminal Lawyer.
The Law Offices of Stephen Neyman is experienced at defending matters like these. If you are in trouble call us. You will need a lawyer. We can be reached at 617-263-6800 or by email.