Robbery/Burglary/Larceny
Strategic Defense of Theft Crimes
Theft is a crime of moral turpitude. Often times, the moral implications associated with a theft conviction far exceed the legal ramifications. A theft crime leaves a stain on your criminal record. This is visible by employers, housing authorities, credit bureaus, lenders and educational facilities who may deny you service or benefits due to a conviction.
Thefts Crimes Defense
If you have been accused of committing a robbery or larceny crime in the Commonwealth of Massachusetts you may be facing serious legal consequences. Only a knowledgeable criminal defense attorney will have the experience needed to protect your legal rights. Boston Criminal Defense Attorney Steven J. Topazio has successfully defended clients who have been accused of or arrested for robbery or larceny crimes.
Not all Criminal defense Attorneys are alike. The skill with which an attorney presents your case to a jury is of vital importance. It can make the difference between a verdict of "guilty" and "not guilty". Not every attorney has the courtroom talent needed to present a compelling case to a jury. The understanding of the jury process, how the jury responds to information and how to present a case are critical skills that your attorney must have. Attorney Steven J. Topazio is a skilled trial lawyer who can present your defense aggressively and persuasively; and always with your best interests as his top concern.
Comprehensive Investigation and Case-Building
Contact Boston Criminal Defense Attorney Topazio online or call 617-422-5803 to discuss your case. Boston Criminal Defense Attorney Steven J. Topazio is prepared to investigate every aspect of the allegations and circumstances of your case, in order to identify the right strategy and build an aggressive defense on your behalf.
Attorney Topazio Will Plan Your Defense
Intent and knowledge play a large role in defense against a theft-related crime. For example, you may not even be aware that you are in possession of stolen property until it is too late. Perhaps desperate circumstances pushed you to act irrationally. These circumstances are forgivable in the eyes of the court; however they will not be heard without the assistance of a lawyer.
Have you been charged with robbery, burglary, larceny or receipt of stolen property? Boston criminal defense attorney Steven J. Topazio can mount an aggressive defense. Contact Boston Criminal Defense attorney Steven J. Topazio.
What is Robbery?
In Massachusetts, robbery is defined as the illegal taking of property from another person, or in the person's presence, by violence or intimidation. A person may also be charged with armed robbery, where the robbery is committed with a weapon, or aggravated robbery, where a person inflicts bodily harm on a victim while committing the robbery.
A key issue in many robbery cases is often the identity of the person who committed the alleged robbery. There are very specific procedures that the police and the district attorney's office must follow in attempting to determine who committed the robbery. If the police do not act properly, the evidence gathered may be suppressed, or the charges may be dismissed altogether.
In the event you are charged with robbery in the Boston area, or anywhere in Massachusetts, do not discuss the case with anyone until you have retained an attorney. If you wish to talk to an experienced and professional criminal defense attorney, please call the office of Attorney Steven J. Topazio at 617-422-5803 or email him for a free consultation.
What is Burglary?
Traditionally, Courts in Massachusetts have defined burglary as the entering of a dwelling at night with the intent to commit a felony. In modern times, however, the definition of burglary has been expanded to include the breaking and entering into any building (not just a dwelling), at any time (not just at night) with the intent to commit a felony.
Courts will treat burglary as either a misdemeanor or as a felony, depending on the specific case. A number of factors will go into which class of crime it will fit; among these factors are the time of day, whether any person was injured, the type of building entered, and the value of the property stolen. Depending on the specific facts of the case, a person may receive a sentence ranging from probation to jail time.
Contact a Skilled Boston Criminal Defense Lawyer
For additional information about Boston Criminal Defense Attorney Topazio's ability to protect your rights and liberties involving accusations of theft, contact his Boston office at 617-422-5803 or email him for a free consultation.
RECENT CASE DECISIONS
December 05, 2011
Boston Municipal Court
Docket # 1101CR5089
Receiving Stolen Property, MGL c. 266 § 60
Possession Class E MGL c. 94C § 34
The client, a 39 year old unemployed individual, was arrested while in the Boston Common after being handed a bottle of cologne from an individual who unbeknownst to the client stole the cologne from Filene’s Basement. A search of the client’s person by police subsequent to the arrest revealed a pill bottle in his possession with three different pills in it. After the police discovered the pills, the client was charged with three counts of Possession of class E substance despite the client telling the police that he had a valid prescription for the pills. Attorney Topazio obtained the copies of the valid prescriptions from the client for the pills and provided that information to the Assistant District Attorney for her consideration. Attorney Topazio also learned that the bottle of cologne that was stolen came from Filene’s Basement by a second individual who was caught on store video. Attorney Topazio met with the Assistant District Attorney and pointed out that it the difficulties in proving this case against his client, especially after Filene’s Basement had now closed and was out of business following a bankruptcy filing. Today, Attorney Topazio was able to convince the Commonwealth to dismiss the entire case against his client, and the Court agreed.
Result: Case dismissed.
April 15, 2011
Boston Municipal Court
1101CR2378
Larceny over $250, M.G.L. c. 266 § 30
The defendant, a resident intern at a local hospital, was arrested for larceny over $250, a felony charge, when he left a local drinking establishment with an iphone he believed belonged to his friend, hired Attorney Topazio to represent him. According to the police report, the defendant took the iphone off the bar after the woman he had been speaking too left it there when she went to the lady’s room. When confronted by wait staff, the defendant ran out of the bar but was pursued and arrested. Attorney Topazio met with the district attorney prior to his client’s arraignment and after lengthy negotiations, convinced the Commonwealth to dismiss the charge against his client prior to arraignment on the condition that he complete 50 hours of community service, and the court agreed. A dismissal prior to arraignment insured that this charge would not appear on his client’s CORI.
Result: Case dismissed and clean CORI preserved.
April 13, 2011
Brighton District Court
1008CR1462
Disorderly Conduct, M.G.L. c. 272 § 53
B&E vehicle Nighttime for Felony, M.G.L. c. 266 § 16
The defendant, a local businessman, was arrested at a local towing company after he called the police for help when he complained that his car had been illegally towed and now the tow company wouldn’t let him drive off in it, hired Attorney Topazio to represent him. According to police, the defendant, who was visibly upset and who appeared to have been drinking, got within inches of the officer’s face, took a fighting stance and began screaming and yelling at the officer, insulting him. The towing attendant thereafter informed the police that the company viewed the defendant on surveillance video trying to break into one of the tow trucks. Attoreny Topazio argued that his client was only looking for his keys and couldn’t be convicted of disorderly conduct in a deserted tow lot where he couldn’t create a public inconvenience. Attorney Topazio attempted to obtain the surveillance video but when he was told that it had been destroyed, he convinced the district attorney to dismiss both charges on the condition that his client write a letter of apology to the police officer, and the court agreed.
Result: Case dismissed
December 10, 2010
Suffolk Superior Court
06-10963-001
Probation Surrender Hearing
Recall of Default Warrant
Unarmed Robbery
The defendant, who was on probation out of Suffolk Superior Court, hired Boston Criminal Defense Lawyer Steven J. Topazio to represent him when he received a notice of surrender and hearing for alleged violations of his probation. The defendant allegedly violated his probation when he picked up a new criminal offense and as a result stopped reporting to his probation officer out of fear that he would be incarcerated. Boston Criminal Defense Lawyer Steven J. Topazio contacted his client’s probation officer and arranged to have him voluntarily surrender himself. By accompanying his client when he appeared in court to remove the default warrant, Boston Criminal Defense Lawyer Steven J. Topazio was prepared to argue against revoking his client’s recognizance or holding him on bail. Today, as a result of thorough preparation and being able to control the circumstances of his client’s surrender, Boston Criminal Defense Lawyer Steven J. Topazio was able to convince the court not to hold his client on bail despite being arrested while on probation and being in default and on the run for several months.
Result: Default warrant recalled and defendant released on personal recognizance pending final probation surrender hearing. Case pending.
November 01, 2010
Essex Superior Court
ESCR2009-000347
Habitual Offender M.G.L. c. 279 § 25
Assault and Battery by Means of a DW, Victim 60 or older M.G.L. c. 265 § 15A(a)
Larceny Under $250 M.G.L. c. 266 § 30
Attempt to Commit a Crime M.G.L. c. 274 § 6
BE daytime with intent to commit a felony M.G.L. c. 266 § 18
The defendant, who allegedly tried to steal tools from an elderly man's pick-up truck parked at the Home Depot on Route 1 in Saugus, MA, was confronted by the owner of the truck, a 60-year-old male, who after coming outside tried to detain the defendant when he saw him trying to steal something from the toolbox on the side of his truck. The defendant, who was grabbed by the owner, jumped into his motor vehicle in an attempt to flee, and dragged the victim through the parking lot before the victim fell to the ground injuring himself. The defendant was arrested and charged with breaking and entering in the day time, larceny, attempt to commit a crime, assault and battery on a person 60 years or older, and being a career criminal, hired Attorney Topazio to defend him. A habitual criminal is a person who has a criminal record indicating a propensity to crime and is subject to harsher penalties. Being an habitual offender meant the defendant had been convicted and served at least two prior state prison sentences where he had received a sentence of at least 3-5 years committed to state prison. The habitual offender charge is an enhanced punishment statute which imposes mandatory prison time for the maximum term of imprisonment of the underlying felony. As a result, the defendant was facing a mandatory 10 year jail sentence for the crimes he committed if convicted. Despite the mandatory time, Attorney Topazio was successful in causing his client to be released on bail in lieu of being held in custody. Prior to resolving the case however, and while his client was out on bail, the defendant committed yet another offense originating out of the Boston Municipal Court when he was found in possession of multiple bags of heroin. The client was arrested and charged with possession of a class A substance with intent to distribute in a school zone. A school zone violation carries a two year mandatory jail sentence. Fearing a subsequent indictment, the defendant agreed to plea guilty in the Boston Municipal Court and was committed to the house of correction for two years. Today, just two weeks after receiving a 2 year mandatory house of corrections sentence, when the defendant appeared in Essex Superior Court where Attorney Topazio was successful in convincing the Assistant District Attorney and the Court to dismiss the habitual offender charge upon his client’s agreement to plea guilty on the remaining offenses to a 4-5 year state prison sentence, to be imposed forthwith. When a state prison sentence is imposed forthwith, the underlying house of corrections sentence is wiped out and the state prison sentence begins immediately.
Result: Defendant avoids a mandatory 10 year state prison sentence and accepts a 4-5 state prison sentence forthwith thus wiping out a mandatory 2 year house of corrections sentence after only serving two weeks of that sentence.
February 09, 2010
Brookline District Court
8709CR0560
Larceny of Property over $100 M.G.L. c. 266 § 30
The defendant, a resident of California, and former resident of Massachusetts, recently ran into trouble with the California Registry of Motor Vehicles when the California RMV refused to renew his California driver's license due to a court default in Massachusetts. When the defendant was told that he had to appear in court in person in Massachusetts to remove the default, he hired Attorney Topazio. Attorney Topazio filed a motion in the District Court asking the court to waive his client's appearance due to financial hardship. Attorney Topazio investigated the matter and convinced the District Attorney that the case was not viable. As a result, Attorney Topazio entered into a plea agreement with the Commonwealth whereby it was agreed that the case would be dismissed upon court costs, in lieu of having the defendant return to Massachusetts from California. Attorney Topazio was able to recall the default warrant in the defendant's absence, enabling the client to renew his California driver's license.
Result: Case dismissed and warrant withdrawn in defendant's absence.
August 10, 2009
Boston Municipal Court
Clerk's Hearing
Larceny Over $250.00 MGL c. 266 § 30
Shoplifting MGL c. 266 § 30A
The defendant was summonsed to Court to answer to a charge of shoplifting after she took the tags off merchandise from Saks Fifth Avenue in Boston totaling $593.00 and attempted to leave the store without paying. The defendant who was not a citizen, and faced the possibility of deportation, denial of naturalization or exclusion from the United States, hired Attorney Topazio. Despite the summons on a charge of shoplifting, the Commonwealth upgraded the charges to felony larceny. Whoever steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another as defined whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny, and if the value of the property stolen exceeds two hundred and fifty dollars, be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than twenty-five thousand dollars and imprisonment in jail for not more than two years. Today, despite the Commonwealth's upgrading the charges to the felony of larceny over $250.00, Attorney Topazio convinced the Magistrate not to issue the complaint against his client.
Result: Case dismissed.
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