picture of dollar bill taken by Daniel
As the economy is getting worse, theft rates are going up. That shouldn’t be much of a surprise to anyone, but did you know that the cost of the item by a dollar can make a world of difference?
In a Massachusetts larceny case, the Commonwealth represented by the prosecutor needs to prove three things. First, the defendant took and carried away property. Second, the property was owned by someone else. And finally, the defendant intended to take and keep the item.
Now, the cost of the item is very important when it comes to being the defendant. If the item taken is worth$250 or more, then a person can be charged with larceny over $250. If the item is worth $249 or under, then the person is usually charged with larceny under $250.
Larceny over $250 is a felony, while the charge of larceny under $250 is considered a misdemeanor. The burden is on the prosecutor to prove that the item is worth $250 or more.
It seems very silly that there is such a difference in the law and potential penalties based on a single dollar. When the statutes were drafted $250 was a lot of money. Perhaps the legislature at the time felt as though anyone taking anything worth that much money should be considered a felon. The reality today is that most people have items that are worth over $250 on their persons. Most cell phones, Ipods and definitely computers are well over that threshold. Sometimes one dollar does make all the difference.
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