Powderly Gets Results
  • Armed Assault to Murder
  • Result: Dismissed
  • Breaking & Entering
  • Result: Not Guilty
  • Unarmed Robbery
  • Result: Dismissed
  • OUI 2nd Offense
  • Result: Not Guilty
Powderly Probes Crime Lab
James Powderly on WPRI Channel 12
James Powderly on Digging Deeper
James Powderly on Channel 12
Home  >  Theft Crimes

Cape Cod Theft Crimes Defense Lawyer

If you have been charged with a theft offense on Cape Cod, you should consult with an experienced Cape Cod criminal defense lawyer as soon as possible. Cape Cod Defense Lawyer James Powderly is a skilled and experienced theft crimes attorney having successfully defended over 1,000 clients charged with crimes including shoplifting, larceny, fraud, embezzlement and numerous other theft and property crimes. Theft crimes can range from misdemeanor shoplifting to felony larceny and could mean the loss of your liberty, employment, large fines and/or loss of reputation.

Contact a Cape Cod theft crimes defense lawyer at (508) 343-0676.

Attorney Powderly defends individuals charged with the following Cape Cod Theft and Property crimes:

  • Shoplifting
  • Larceny Under $250
  • Larceny Over $250
  • Larceny From a Person Over 65
  • Motor Vehicle Theft
  • Possession of Burglarious Tools
  • Receiving Stolen Goods Under $250
  • Receiving Stolen Goods Over $250
  • Burglary
  • Breaking and Entering
  • Leaving Scene Property Damage
  • Malicious Destruction of Property

Being charged with a theft crime can be a stressful and emotional experience. A criminal conviction for a theft offense can negatively impact your employment, your relationships, and destroy your reputation. If you are being investigated or have been charged with a theft or property offense, you need immediate representation from an aggressive and experienced Massachusetts theft crimes defense attorney.

Recent Theft and Property Crimes Victories by Attorney Powderly

Past Case Results to Not Represent or Guarantee a Particular Result in Your Case

 

CHARGES:

  1. Receiving Stolen Property
  2. Receiving Stolen Property
  3. Possession Burglarious Tools

Police Report:

 Police are dispatched to a call by a person who saw a suspicious truck with the lights off driving down his driveway. The truck was stopped by police and inside the truck were located various tools associated with criminal activity and an unregistered dirt bike in the bed of the truck. The defendant is one of the occupants of the truck. Police later receive a report that a shed was broken into at a nearby house and a dirt bike was stolen.
RESULTS:
(1) NOT GUILTY AFTER TRIAL
(2) NOT GUILTY AFTER TRIAL
(3) DISMISSED

 

CHARGES:

  1. Breaking & Entering Nighttime for Felony
  2. Possession Burglarious Tools

Police Report:

 Police are on patrol when they notice a car alarm going off and the defendant looking under the hood of a blue Honda. The defendant stated he was friends with the owner and she gave him permission to shut the alarm off. The police spoke to the owner who denied the defendant had any permission. Two screwdrivers and a slimjim were found on the defendant and closer examination of the car revealed a smashed out window.
RESULTS: ALL CHARGES DISMISSED

CHARGE: Uttering Counterfeit Note
Police Report:
 Alleged victim made a report to police that the defendant had stolen money from her. The victim claimed the defendant asked her if she could make change out of two $100 bills. The victim complied and later found out the bills were counterfeit money.
RESULTS: DISMISSED

 

CHARGES:

  1. Larceny under $250
  2. Uttering False Prescription

Police Report:

 Police were dispatched to CVS for a report the defendant had attempted to pass a fake prescription for Percocet. The police spoke with the Doctor’s office manger listed on the prescription and confirmed the defendant was not a patient.
RESULTS: ALL CHARGES DISMISSED

Cape Cod Shoplifting Defenses and Punishments

Cape Cod shoplifting charges are misdemeanor crimes and could lead to a criminal record, loss of employment, restitution, civil liability and even incarceration. A skilled Cape Cod criminal defense lawyer will evaluate the evidence against you including: whether there was video surveillance, any statements made by you, whether the items were seized, what if any police investigation was conducted and whether or not intent can be proven by the Commonwealth.

In order to be convicted of Shoplifting, the Commonwealth has to prove beyond a reasonable doubt each of the following elements:
Whoever

  1. Intentionally,
  2. takes possession of or carries away, transfers or causes to be carried away or transferred,
  3. any merchandise displayed held, stored or offered for sale by any store or other retail mercantile establishment,
  4. with the intention or depriving the merchant of the possession, use or benefit or such merchandise or converting the same to the use of such person,
  5. without paying to the merchant the value thereof.

Shoplifting 1st Offense (Value under $100)

  • Misdemeanor Crime;
  • Fine up to $250

Shoplifting 2nd Offense (Value under $100)

  • Misdemeanor crime;
  • Fine $100 to $500.

Shoplifting 3rd Offense (Value under $100)

  • Misdemeanor crime;
  • Up to 2 years Jail;
  • Fine up to $500.

Shoplifting 1st Offense (Value over $100)

  • Misdemeanor crime;
  • Up to 2.5 years Jail;
  • Fine up to $1000.

Cape Cod Larceny Defenses and Penalties

Larceny crimes committed on Cape Cod can range from larceny by check, by theft, by false pretenses and can include misdemeanor and felony designations. Cape Cod defense lawyer James Powderly has significant experience defending Larceny related offenses which saved many of his clients from jail, heavy fines, restitution and felony records.

In order to be convicted of a Larceny offense, the Commonwealth must prove beyond a reasonable doubt the following elements:
Whoever

  1. Takes,
  2. carries away,
  3. personal property,
  4. of another,
  5. with the intent to unlawfully deprive that person permanently of the use of it.

Larceny Under $250

  • Misdemeanor crime;
  • Up to 1 year in Jail;
  • Fine up to $300.

Larceny Over $250

  • Felony crime;
  • Up to 5 years State Prison or 2 Years Jail;
  • Fine up to $25,000.

Larceny from a Person over 65

  • Felony crime;
  • Up to 5 years State Prison or 2.5 Years Jail.

Other Cape Cod Theft Offenses

Motor Vehicle Theft

In order to be convicted of this Felony crime, the Cape Cod prosecutor’s office would have to prove the following elements beyond a reasonable doubt:
Whoever

  1. Steals a motor vehicle or trailer, or
  2. maliciously damages a motor vehicle, or
  3. buys, receives, possesses, conceals, or obtains control of a motor vehicle or trailer,
  4. knowing or having reason to know the same to have been stolen,

Or, whoever:

  1. takes a motor vehicle,
  2. without the authority of the owner,
  3. steals from it any of its part or accessories.

Motor Vehicle Theft Penalties

  • Felony crime;
  • Up to 15 years State Prison or 2.5 Years Jail;
  • Fine up to $15,000.

Possession of Burglarious Tools

The elements the prosecutor must prove:
Whoever

  1. makes or mends or begins to make or mend, or
  2. knowingly has in his possession,
  3. an engine machine, tool or implement,
  4. adapted and designed for cutting through, forcing or breaking open a,
  5. building, room, vault, safe or other depository,
  6. in order to steal therefrom money or other property,

Or,

  1. to commit another crime,
  2. knowing the same to be adapted and designed for the purpose aforesaid,
  3. with intent to use for that purpose.

Possession of Burglarious Tools Penalties

  • Felony crime;
  • Up to 10 years State Prison or 2.5 years Jail.

Receiving Stolen Goods

To be found guilty of this crime, the prosecutor must prove the following elements:
Whoever

  1. buys, receives, or aids in the concealment of,
  2. stolen or embezzled property,
  3. knowing it to have been stolen or embezzled

Or

  1. with intent to defraud
  2. buys, receives, or aids in the concealment of,
  3. property,
  4. knowing it to have been obtained from a person by false pretense of carrying on business and dealing in the ordinary course of trade.

Receiving Stolen Goods (Value under $250) Penalties

  • Misdemeanor crime;
  • Up to 2.5 years Jail;
  • Fine up to $250.

Receiving Stolen Goods (Value over $250) Penalties

  • Felony crime;
  • 5 Years State Prison or 2.5 years Jail;
  • Fine up to $500.

Burglary
The Commonwealth must prove the following:
Whoever

  1. breaks, enters,
  2. dwelling house,
  3. nighttime,
  4. with intent to commit a felony.

or

  1. having entered,
  2. with intent to commit a felony,
  3. dwelling house,
  4. nighttime.

Burglary Penalties

  • Felony crime;
  • Up to 20 years State Prison.

Burglary 2nd Offense Penalties

  • Felony crime;
  • 5 years to 20 years State Prison.

Breaking and Entering Building or Ship Daytime Occupied

  • Felony crime;
  • Up to 10 Years State Prison.
  • If armed with firearm, shotgun, rifle, machine gun or assault weapon then 5 Years to 10 Years State Prison or up to 2.5 years Jail.

Breaking and Entering Building or Ship Daytime Unoccupied

  • Felony crime;
  • Up to 10 years State Prison or 2 years Jail;
  • Fine up to $500.

Breaking and Entering in the Nighttime to Commit a Felony

  • Felony crime;
  • Up to 20 years State Prison or 2.5 years Jail.

Failure to Stop after Causing Property Damage
The Commonwealth must prove the following elements:
Whoever

  1. operates,
  2. motor vehicles,
  3. upon any way or in a place to which members of the public have access,
  4. without stopping and making known his name, residence and car registration number,
  5. goes away,
  6. after knowingly colliding with or otherwise causing injury to any other vehicle or property.

Failure to Stop after Causing Property Damage Penalties

  • Misdemeanor crime;
  • Fine $20 to $200;
  • 2 weeks to 2 years in Jail.
  • A conviction will trigger a suspension of your driver’s license or right to operate.

Willful and Malicious Destruction of Property

In order to be found guilty of this crime, the following elements must be proven:
Whoever

  1. Destroys or injuries,
  2. personal property, dwelling house or building of another,
  3. willfully and maliciously.

Willful and Malicious Destruction of Property Penalties

  • Felony crime;
  • Up to 10 years State Prison or 2.5 years in Jail;
  • Fine of $3000 or 3 times the value of the property.

Choosing the right Cape Cod Criminal Defense Lawyer
to defend your Property Crime

In speaking with literally thousands of individuals charged with theft crimes, common Cape Cod theft charge questions include:

  1. Do I need an Attorney to handle my Cape Cod Shoplifting case?
  2. How much does a Cape Cod shoplifting Attorney charge?

Theft crimes or Property crimes on Cape Cod are wide ranging and can include a Misdemeanor shoplifting or larceny under $250 or a Felony Burglary or breaking and entering charge. The punishments and penalties are wide ranging as well and could affect different people in a different way. Depending on the crime committed on Cape Cod and amount in question, a person may be facing a lengthy state prison sentence, a large amount in fines or simply a loss of their job and reputation. Either way, if you have been charged with a theft crime on Cape Cod, you should speak with a Cape Cod Theft Crimes Lawyer right away. Attorney James Powderly will explain to you in detail your charges, the penalties, the court process and possible defenses. Cape Cod theft crimes lawyer James Powderly is seasoned and skilled in defending theft offenses and will provide you will an aggressive and zealous defense. Please contact Cape Cod Criminal Lawyer James Powderly at 508-343-0676 to discuss your criminal case.

Cape Cod Theft Crimes Lawyer James Powderly is located in downtown Falmouth where his practice is devoted exclusively to criminal defense. Attorney Powderly has experience defending clients charged with complex theft cases in Superior Court where they were facing penalties as high as life in State Prison. The key to success comes from diligent preparation, a full and in-depth understanding of the applicable statutes and case law, experience and knowledge challenging the admissibility of physical evidence as well as confessions and a willingness to go to battle for my clients.

Cape and Island’s District Court Jurisdictions for Theft and Property Crimes

Orleans District Court
If you have been charged on Cape Cod with a property or theft crime in Provincetown, Brewster, Chatham, Dennis, Eastham, Truro, Wellfleet or Orleans, then your case will be heard out of the Orleans District Court.

Barnstable District Court
If you have been charged on Cape Cod with a property or theft crime in Hyannis, Yarmouth, Barnstable or Sandwich, then your case will be heard in the Barnstable District Court.

Falmouth District Court
If you have been charged on Cape Cod with a theft or property crime in Falmouth, Bourne or Mashpee, then your case will be heard out of the Falmouth District Court.

Edgartown District Court
If you have been charged on Martha’s Vineyard with a theft or property crime in either Edgartown, Oak Bluffs, Tisbury, West Tisbury, Chilmark, Aquinnah, Gosnold or Elizabeth Islands then your case will be heard out of the Edgartown District Court.

Nantucket District Court
If you have been charged with a theft or property crime on Nantucket, your case will be heard out of the Nantucket District Court.