Larceny From the Person

Larceny from the person is a crime under Chapter 266 Section 25(b). The following are the elements of this crime, which the government has to prove beyond a reasonable doubt:

  1. The defendant committed a taking and carrying away of property.

  2. Someone else owned or possessed that property.

  3. The taking was from the person of the owner or person in possession (or from an area in that person's control and in that person's presence).

  4. The defendant intended to deprive the other person of the property permanently.

Larceny from the person is a lesser included offense of robbery. Pickpocketing would ordinarily be larceny from the person, as opposed to robbery, because of the lack of intimidation and level of "force" used. If the victim is 65 years of age or older, then the crime will fall under Chapter 266 Section 25(a), an aggravated form of larceny from the person. It's important to note that the value of the property is not relevant to the punishment for larceny from the person, making it unlike the larceny crimes governed by Chapter 266 Section 30.


Larceny from the person is punishable by up to 5 years in the state prison or up to 2 ½ years in jail. A first offense larceny by stealing from the person of a person 65 or older is also punishable by up to 5 years in the state prison or up to 2 ½ years in jail, but a second or subsequent offense carries a mandatory minimum sentence of 2 years that cannot be reduced until 1 year is served.

Experienced Theft Crimes Lawyer

Robert J. Wheeler, Jr. is an experienced Boston theft crimes attorney who successfully handles larceny from the person cases in courts throughout Massachusetts. Attorney Wheeler has been focusing exclusively on criminal defense for his entire career, which spans more than three decades. Larceny from the person charges are serious and require aggressive representation. Robert J. Wheeler consistently succeeds in getting great results in all types of Massachusetts theft crimes cases, including:

  • Larceny by stealing
  • Larceny by check
  • Larceny by false pretenses
  • Larceny by embezzlement
  • Shoplifting
  • Larceny of motor vehicles
  • Fraud
  • Receiving stolen property
Law Offices of Robert J. Wheeler, Jr. (617) 973 5858

Call the Law Offices of Robert J. Wheeler, Jr. if you have been accused of any crime in Massachusetts, including larceny by stealing from the person or any other form of theft. Attorney Wheeler can help you through this confusing time. You can reach Robert Wheeler's office at (617) 973 5858 (24 hours a day and 7 days a week) or you can reach him through e-mail.