Knoxville, TN asked in Criminal Law for Massachusetts

Q: Can i get charged with theft by deception if person giving me money feels like im using them?

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1 Lawyer Answer
Lissa McKinney
Lissa McKinney
  • Criminal Law Lawyer
  • Acton, MA
  • Licensed in Massachusetts

A: Well it really depends on what the shape of the "using them" looks like, and how much it smells to the police or Court issuing the process. It is almost too easy to initiate criminal process , but that does not mean it will be viable all the way to a jury trial. Here the context and any text messages and communications matter and you haven't provided any detail at all for that to be evaluated. Someone being generous with you out of affection or friendship can't usually go to criminal court with buyers remorse when the relationship is over. That can happen sometimes when one person in a relationship has higher resources and shares with the partner homes, vacations, autos . When it is over, they may feel abused or hurt or just taken advantage of. Those are not cases ordinarily for a criminal process but it depends. On the other hand, playing an elderly person for rent money swearing you are being evicted might have a different result if untrue. And a loan is not a gift, and should be repaid. What could be relevant in addition to more information, is the disparity in age, mental acuity, and any documentation.

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