Practice Areas
- Crimes of Violence
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Robbery/Larceny
Winning Robbery & Larceny Cases
Larceny & Shoplifting
Being charged with robbery, or even larceny, is an alarming development in anyone’s life. Even the “minor” charge of shoplifting can tarnish an individual’s otherwise clean record. In cases where an individual has been accused of stealing a modest amount of money or merchandise, Attorney Mahoney has consistently persuaded judges to dismiss the charges, sometimes following a period of counseling. In two instances, where his clients were charged with larcenies of tens of thousands of dollars, Mahoney successfully prevailed upon the court to dismiss the charges upon repayment of the money. An experienced criminal defense lawyer will be able to objectively evaluate the strength of the prosecution’s case against you or your loved one.
Robbery
Despite the seriousness of the crime, robbery cases are often defensible. Though liquor stores, convenience stores, restaurants, pharmacies, and other small businesses are equipped with video cameras, the quality of these video recordings is sometimes so poor that a definitive identification of the accused from the video alone is not possible. In many cases, therefore, the prosecution’s case hinges on eyewitness testimony – and eyewitness testimony is notoriously unreliable. The difference between an acquittal and a conviction will often depend on the cross-examination skills of the lawyer. In his best-selling book, Relentless Criminal Cross-Examination, Attorney Mahoney devotes an entire chapter to teaching lawyers how to effectively cross-examine eyewitnesses.
Attorney Mahoney has obtained acquittals for a man indicted for armed robbery (who had been positively identified through mug shots by two witnesses) and a woman charged with robbing a bank (a witness caught her license plate number, the dye pack had splattered the interior of her car and she confessed).
Robbery Statutes
Armed Robbery (G.L. c. 265, §17)
The Commonwealth must prove beyond a reasonable doubt that the defendant, armed with a dangerous weapon, robbed, stole or took money or other property, from another person in his presence. A conviction is punishable by imprisonment in the state prison for life or for any term of years; however, if the defendant committed the crime while masked or disguised or while having his features artificially distorted, a first offense is punishable by imprisonment for not less than five years and for any subsequent offence for not less than ten years; if the defendant committed the robbery while armed with a firearm, shotgun, rifle, machine gun or assault weapon, a conviction is punishable by imprisonment in the state prison for not less than five years. A second or subsequent offense is punishable by imprisonment in the state prison for not less than 15 years.
Unarmed Robbery (G.L. c. 265, §19)
The Commonwealth must prove beyond a reasonable doubt that the defendant robbed, stole or took by force and/or violence money or other property while in the presence of another. A conviction is punishable by imprisonment in the state prison for life or for any term of years. A second or subsequent offense is punishable by imprisonment for not less than two years.
Larceny Statutes
Larceny
The Commonwealth must prove beyond a reasonable doubt that the defendant took assets belonging to another person, that such assets belonged to a person other than the defendant, and that the defendant took such assets with the objective to deny the owner of the asset.
Larceny from the Person
Larceny from the person is similar to larceny, but the Commonwealth must prove beyond a reasonable doubt that the defendant took the belonging(s) of another person while the aforementioned belonging(s) is/were in the other person’s presence and control.
Larceny by False Pretense
The Commonwealth must prove beyond a reasonable doubt that the defendant made a false statement of fact, knowing full well that such statement was false, and to convince the alleged victim to part with his property.
Results
Commonwealth vs. C.C., Cambridge Superior Court
Accessory After Fact to Bank Robbery -- Not Guilty
A Hispanic male robbed the Stoneham Savings Bank by indicating he had gun beneath shirt. Fleeing the bank with the cash, he got into a getaway car driven by the Defendant. The dye pack exploded and he began throwing money out the window of car while the Defendant drove the car away from scene. Eight days later police arrest the man on an unrelated charge. The man implicated the Defendant, and police arrest her five days later. She told police she had no idea that the man planned to rob bank and that, following the robbery, he threatened to kill her if she "ran her mouth."
Commonwealth vs. G.R., Cambridge Superior Court
Armed Robbery – Not Guilty
Two eyewitnesses separately selected the Defendant’s photo from mug shot books, and positively identified him in court. Attorney Mahoney severely undermined each witness’s credibility by juxtaposing their original descriptions of the assailant against their courtroom descriptions to obtain a not guilty verdict for the Defendant.
TOPRelentless
Criminal
Cross-Examination
“Aside from its excerpts of cross-examination, the book offers extremely valuable wisdom regarding overarching trial strategies (e.g., defense counsel demeanor; tone, tenor, and timing; why you should not call defense witnesses; etc.) The wisdom offered is alone extremely ..."
- Amazon.com Review
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