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Massachusetts Shoplifting Lawyer

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Massachusetts Shoplifting Attorney

If you are charged with Shoplifting in Massachusetts it is important that you reach out to an experienced Massachusetts criminal defense attorney to help you craft a defense strategy for your case. Shoplifting is a criminal offense in the Commonwealth of Massachusetts.

It is a serious charge that has the potential serious consequences. The attorneys at Ellison Law LLC are Massachusetts criminal defense lawyers, who have represented many clients on shoplifting charges.

What are the elements of Shoplifting in Massachusetts?

In order to prove shoplifting, the prosecution has to prove you did the following three things:

  1. That you intentionally took possession of, carried away, or transferred OR caused to be carried away or transferred retail merchandise;
  2. That the merchandise was owned or possessed by someone other than you; and
  3. That you took possession of, carried away, or transferred OR caused to be carried away or transferred that merchandise and did so with an intent to deprive the merchant of its possession, use or benefit OR with an intent to convert it to his or her own use without having paid full value for it.

What are Some Defenses to Shoplifting in Massachusetts?

There are many different defenses to Massachusetts Shoplifting and each case requires a unique defense. However, some common defenses to Shoplifting are

  • It was an accident
  • You paid for it
  • The property belonged to you
  • You thought someone else paid for the property

What are Some of the Laws for Shoplifting in Massachusetts?

Shoplifting comes from Massachusetts General Laws chapter 266 section 30A which states the following:

“Any person who intentionally takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use of benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or

any person who intentionally conceals upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of proceeds, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or

any person who intentionally alters, transfers or removes any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the retail value thereof; or

any person who intentionally transfers any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof; or

any person who intentionally records a value for the merchandise which is less than the actual retail value with the intention of depriving the merchant of the full retail value thereof; or

any person who intentionally removes a shopping cart from the premises of a store or other retail mercantile establishment, without the consent of the merchant given at the time of such removal, with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.”

The jury may use its common knowledge, and does not require expert evidence, in evaluating value.Commonwealth v. Hosman, 257 Mass. 379, 386 (1925);Commonwealth v. McCann, 16 Mass. App. Ct. 990, 991 (1983).

If you or a loved one are charged with Shoplifting in Massachusetts and are in need of a Massachusetts Shoplifting attorney, please contact Massachusetts Criminal Defense Attorneys at Ellison Law LLC today at 401-230-5520.

Testimonials

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David was great. He helped proved my innocence and won my case. He also helped me with my insurance issue. I will always keep his number by my side. I would reccomend him to anybody.

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

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Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

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"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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