Theft Offenses

Attorneys Murat Erkan and Ryan P. Sullivan have a vast amount of experience in all manner of theft offenses. As prosecutors, we handled nearly every type of theft offense from investigation all the way through trial. As theft offense defense attorneys, we vigorously defend our clients at bail hearings, pretrial hearings, and at trial. We have obtained agreements for dismissals of theft offenses, been successful in negotiating reduction of offenses from felony to misdemeanor charges, avoided conviction, and filed motions to dismiss charges where the evidence presented by the government was insufficient. Due to the significant potential penalties, social stigma, and collateral consequences to employment or personal life, we devote the necessary attention and passion into the defense of theft offenses for our clients.

Types of Theft Offenses

There are several crimes that are characterized as theft offenses in Massachusetts. Among them are serious felony offenses such as armed robbery, unarmed robbery, armed carjacking, larceny of a firearm, armed assault with intent to rob, uttering, common and notorious thief, larceny in a building, larceny from a person, larceny by false pretenses, and larceny over $1,200. There are also several similar offenses that do not necessarily involve stealing anything, but are treated as theft offenses. These include breaking and entering a building, receiving stolen property over $250, armed burglary, breaking and entering into a motor vehicle, credit card fraud, and possession of burglarious tools. Whether charged with bank robbery or shoplifting, it is important to consult with experienced criminal defense attorneys to discuss your case and all the defenses you possess to avoid the significant consequences that a theft offense can carry.

Impact of Theft Offenses on the Accused

Theft offenses are some of the quickest to be charged, but can be among the most difficult for the government to prove. Often the person who actually steals something does so without the true owner knowing – let alone being present as a witness. Therefore, the police are left with cases that depend on what is called circumstantial evidence. In other words, there is no witness to testify: “I saw him do it.” Instead, the government tries to prove theft offenses by arguing it is likely that the suspect was the person responsible.

This method of law enforcement leads to two likely results. One, an innocent person could be charged with an offense because he was in the wrong place at the wrong time. Or two, a person charged with an offense is able to more easily challenge the evidence against them leading to a favorable result. In either scenario, it is incredibly important for anyone charged with a theft offense to contact an experienced theft offense lawyer to review the facts and assist in planning a vigorous defense.

Is possession really nine tenths of the law?

In any case in which police officers find a tangible item alleged to have been stolen, they may think they have their suspect red handed, and that conviction is assured.  After our office takes over your defense, these officers may realize they have celebrated too soon.  It may surprise you to learn that police frequently make serious mistakes in the manner in which they search for evidence, often resulting in evidence secured at the expense of your rights.  In this country, where individual freedoms constitute the foundation for our system of law, we demand that police play by the rules.  When they do not, they will be denied access to the evidence they obtain as a result.  For this very reason, the United States Supreme Court created the “exclusionary rule” to prevent the government from using evidence at trial that they obtained unlawfully. Wong Sun v. United States, 371 U.S. 471 (1963).  Because of the tremendous power of this rule, we will carefully examine your case to determine whether the officers stayed within the limits set by the Constitution when searching for and seizing evidence.   When they have not, we will uncover their errors and demand that the Court hold the government accountable. 

Unlike most lawyers, our team at Erkan & Sullivan never assumes that police followed the rules and did their job correctly.  The degree of skill and attention devoted to this process can be the difference between dismissal of a case or consequences which could follow you for the rest of your life.  Read our pages on drug possession and trafficking and firearms offenses for more information about unlawfully obtained evidence.  You can also click here to browse through our case results to see case after case in which we secured dismissal after uncovering police wrongdoing.

Fabricated allegations.

Whenever an accuser has a prior relationship with a defendant, credibility issues can make or break a case.  Jealous lovers, rival co-workers, and angry landlords and tenants can have powerful motives to exaggerate or completely fabricate allegations.  At Erkan & Sullivan, PC we always take our clients seriously when they insist that an accuser is simply out to get them.  We understand how important it is to identify key facts which can uncover an accuser’s bias or outright spite.  By taking the time to listen to the client’s concerns, and by locating and interviewing people familiar with the accuser’s hostility towards a client, we can develop powerful ammunition for cross-examination at trial.  We will go to any lengths to expose a liar intent on staining a client’s reputation and destroying his future.  Click here for more information on our peerless fact investigations and here to learn about the many ways police fail in theirs.

Misdemeanor versus felony threshold.

In many theft and property crimes, the difference in whether a crime is treated as a felony or a misdemeanor depends on the amount of loss involved.  We have watched lawyers time and time again overlook any serious inquiry into the government’s evidence on this threshold issue, resulting in the conviction of their clients for serious felonies in the absence of proof substantiating the offense.  The issue of valuation arises most frequently in cases involving theft or destruction of items.  In almost every such case, police will automatically opt for the felony charge.  Not only does this wrongfully deprive the accused of their important right to a clerk’s hearing (click here to learn more about this critical procedural protection), but it sets the table for a serious, life-altering felony conviction that is totally unwarranted by the evidence.  When a person claims they had an item stolen, the reality is that they may not be forthcoming with the fair market value for that item.  In cases where property is damaged, police, prosecutors and victims will incorrectly assume that the felony threshold is controlled by the replacement value of the damaged item as a whole.  This is not the law.  It is not the replacement cost of the Mercedes with a broken window; it is the replacement or repair cost of the window itself.  Most lawyers will sign their clients up for a plea in these cases, without seeking any proof.  This is a mistake with huge consequences for the accused. 

Consultation for Theft Offenses

If you or a loved one is charged with a theft offense, contact theft offense Attorneys Murat Erkan and Ryan P. Sullivan today to discuss your options and begin the vigorous defense of your cases. During your consultation, we will discuss the allegations the government has made against you, any potential legal arguments that can be made with the information known, and begin to form a preliminary strategy into handling your case. Call Erkan & Sullivan, PC at (978) 474-0054 or send an e-mail to schedule a consultation today.