They will be charged with theft. If they are lucky, they may only have to do community service, pay a fine, pay restitution, and be on probation for one year.
Larceny Over $250 is a Felony punishable by up to 2.5 years in the House of Correction. Hire a good criminal defense lawyer. It is highly unlikely that you would get 2.5 years in jail unless you had a horrible record prior to this act. However, you do not want a felony conviction on your record under any circumstance. A good lawyer should be able to get the charge amended to a misdemeanor at a minimum if you are willing to pay back the money.
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