Massachusetts Armed Robbery
In Massachusetts, the potential penalty for Armed Robbery is up to life in state prison. In order to be found guilty of Armed Robbery, the prosecution must prove:
- You were armed with a dangerous weapon
- You assaulted another person
- You robbed, stole, or took something from that person
- What you took from the person may be the subject of larceny
Under MGL c. 265 s. 17, there are also certain aggravating factors that can give rise to mandatory minimum sentences:
If you commit armed robbery while wearing a mask or disguise, you face a minimum mandatory sentence of five years in state prison, and for any subsequent offense you face a minimum mandatory ten-year state prison sentence.
If you commit armed robbery while armed with a firearm, you face a minimum mandatory sentence of five years in state prison, and for any subsequent offense you face a minimum mandatory fifteen-year state prison sentence.
Armed robbery cases are highly complex, and when the stakes couldn’t be higher, it is important to find a dedicated, skilled defense attorney who will examine every detail of you case in order to reach the best possible outcome. There may have been faulty identification procedures that led to the charges against you, evidence might have been obtained illegally, or perhaps the police jumped the gun when they should have actually charged you with the lesser offense of larceny from a person. In any event, do not speak to law enforcement officials until you have first consulted with an experienced criminal defense attorney.
Massachusetts Unarmed Robbery
In Massachusetts, under MGL c. 265 s. 19, unarmed robbery carries up to life in state prison. The elements are the exact same as those for armed robbery, other than that of "being armed with a dangerous weapon." Because this charge is punishable only by state prison time, and a house of corrections sentence is not available, it has exclusive superior court jurisdiction. That means if the prosecution wishes to pursue this charge, it must submit the case up for indictment or a probable cause hearing to move it out of the district court. However, if you are charged with this offense, it is important to contact a criminal defense attorney immediately. If we represent you from the onset of this charge, it may be possible to convince the court to amend the charge to larceny from the person in order to keep the case in district court. This is very important- it takes any state prison sentence off the table.
If you are charged with unarmed robbery of a person over 60 years old in Massachusetts, you face a state prison sentence, up to life in prison. While this is the same potential statutory penalty as unarmed robbery, the prosecution seeks an enhanced sentence based on the nature of this type of charge and the vulnerability of an elderly victim. A subsequent conviction for unarmed robbery of a person over 60 years old carries a mandatory minimum 2 year state prison sentence, without the possibility of early release.
Massachusetts Larceny from a Person
In Massachusetts, under MGL c. 266 s. 25, if you commit larceny by stealing the property of another, from the person of another, you are facing a felony punishable by up to 5 years in state prison.
If you are charged with larceny from a person over 60 years old, you face the same potential 5 year prison sentence as with larceny from a person. However, as with unarmed robbery of a person over 60 years old, the prosecution will undoubtedly seek a stiffer penalty for this charge. Also, a subsequent conviction for this offense carries a mandatory minimum of 2 years in jail.
In Massachusetts, under MGL c. 265 s. 21A, carjacking is a felony punishable by up to 15 years in state prison. In order to be found guilty, the prosecution must prove that you did:
- with intent to steal a motor vehicle
- assault, confine, maim or put in fear another person
- for the purpose of stealing a motor vehicle
Massachusetts Home Invasion
In Massachusetts, the felony charge of home invasion is governed by MGL c. 265 s. 18C. This charge carries a mandatory minimum 20 years in state prison, up to a life sentence. In order to be convicted of this offense, the prosecution must prove that you did:
- Knowingly enter the dwelling place of another having reason to know that one or more persons are inside the dwelling; OR
- Knowingly enter the dwelling place of another and remain in that dwelling while having reason to know that one or more persons are inside; AND
- while armed with a dangerous weapon; AND
- use force or threaten the use of force upon a person in the dwelling; OR
- intentionally cause injury to a person in the dwelling