Theft, Burglary, Breaking an Entering Defense Lawyer

Scully & Lagos are experienced, aggressive criminal defense lawyers who concentrate on Larceny cases.

Below is a survey of recent cases successfully defended

LARCENY OVER $250: NOT GUILTY

Commonwealth v. Jane Doe, 1301CR00917

Client was falsely charged in the Boston Municipal Court with stealing over two hundred thousand dollars’ worth of jewelry and personal items from a brownstone home in Boston’s Back Bay neighborhood. The alleged victims claimed that the defendant was the only person who knew of or had access to the items in question. However, at trial, the defense exposed a number of holes in the prosecution’s theory: including a secret key hidden outside the residence, and extensive interior remodeling that was going on at or around the time of the alleged thefts. This case somehow survived multiple motions to dismiss and ended up a two day trial that finally took place nearly three years after the initial charges. The jury saw right through it though and acquitted the defendant after deliberating for just eight minutes.

LARCENY OVER $250: DISMISSED

Commonwealth v. Jane Doe

Client was charged with embezzling thousands of dollars from her workplace. Counsel cross- examined witnesses and presented evidence at a clerk-magistrate’s hearing, successfully preventing charges from issuing against client.

LARCENY OVER $250: DISMISSED
PUBLIC ASSISTANCE FRAUD: DISMISSED

Commonwealth v. John Doe, 1201CR2876

Client was charged with Larceny over $250 and several counts of public assistance fraud. In total the client was accused of stealing more than $70,000 in government benefits. Counsel filed a motion to dismiss, arguing that the Commonwealth could not bring charges in Boston simply benefits are issued out of Boston. Instead, the focus should have been on where the defendant allegedly acted. Client prevailed, resulting in dismissal of the charges against my client.

LARCENY OVER $250: DISMISSED
PUBLIC ASSISTANCE FRAUD: DISMISSED

Commonwealth v. John Doe, 1201CR2876

LARCENY FROM A PERSON: NOT GUILTY

Commonwealth v. John Doe, 1107CR4512

Client was charged with larceny from a person. The Commonwealth claimed that he took someone’s phone on a T platform. During cross- examination, During cross examination, alleged victim admitted his limited ability to see his assailants. The jury acquitted client of all charges.

RECEIVING STOLEN PROPERTY: DISMISSED
POSSESSION OF BURGLARIOUS TOOLS: DISMISSED

Commonwealth v. John Doe, 1203CR0009

Client was charged with receiving stolen property and possessing burglarious tools. Client prevailed at a motion to suppress hearing based on the illegal stop of client, resulting in the dismissal of all charges against him.

EMBEZZLEMENT: DISMISSED

Commonwealth v. John Doe, 1103CR1619

Client was a doctor accused of embezzling over $50,000 in funds. After lengthy investigation and motions, Client prevailed in arguing that the Commonwealth could not sustain its burden and ultimately won, dismissing all charges client.

LARCENY OVER $250: DISMISSED

Commonwealth v. John Doe, 1203CR0494

Client was charged with larceny over $250, a felony that jeopardized his job. A motion to dismiss was filed, arguing the Commonwealth could not sustain its burden. Client prevailed after hearing, resulting in dismissal of client’s charges.

LARCENY FROM THE PERSON: NOT GUILTY

Commonwealth v. John Doe, 08-CR-7430

Two groups of people got into a fight near a city park. The losing group called the police and complained that they were assaulted and robbed. My client was later identified and charged. He was found not guilty because of the numerous inconsistent stories that were told about what happened.

Theft crimes in Massachusetts fall into some of the following categories:

Burglary
Breaking and Entering – even if you do not steal or damage anything
Home Invasion
Fraud – including identity theft, unauthorized use of a credit card, or illegally cashing checks
Embezzlement
Larceny of more than $250 (less than $250 is a misdemeanor)
Larceny from the Person
Buying or receiving stolen goods

These are all very serious crimes and carry very stiff penalties. Because of this, it is imperative that you hire a well-qualified, criminal attorney as soon as you find yourself under arrest or investigation for a felony theft crime in the Boston, MA area. Attorney Liam D. Scully has the experience to skillfully represent you against these charges. You will need an attorney who has his own team of investigators and forensic experts in order to fully examine the Commonwealth’s case and find any flaws that might be present in their case against you.

For many of these crimes, the circumstances surrounding the crime will determine if the Commonwealth will charge you with a misdemeanor or a felony and how much jail time you could face if convicted. As an example, Breaking and Entering charges require that the Commonwealth prove the following:

That you actually broke into the home or business
That after breaking in, that you actually entered the home or business
That you broke in and entered with the intent to commit a crime

There are many factors that the District Attorney’s Office will take into consideration when filing charges against you. Some of the factors will impact the penalties the courts could impose on you. Such as:

The time of day – breaking and entering at night is more serious than during the day
Whether or not you are armed while committing the crime
Have you ever been convicted of this crime before
Your previous criminal record

Attorney Scully is a member of the National Association of Criminal Defense Attorneys and the Massachusetts Bar Association. His 15 years of criminal defense experience allows him to provide his clients with the best possible defense. His vast knowledge the criminal and motor vehicle laws in Massachusetts allow him to isolate the evidence necessary to obtain the best possible result for his clients.