If you face charges for larceny vs robbery, you may face less severe penalties in North Carolina. That’s because the definition and potential consequences for robbery and larceny differ. Understanding the difference can help you understand your charges and how to defend yourself for the best outcome.
What Are the Theft Crime Classifications in NC?
In North Carolina, theft crimes are classified based on various factors, such as the nature of the offense and the presence or absence of force.
Larceny
Larceny is a broad category that encompasses various non-violent theft offenses. It refers to the unlawful taking and carrying away of someone else’s property without their consent and with the intent to permanently deprive them of its possession.
Larceny charges depend on the value of the stolen property, which can range from misdemeanor larceny for lower-value items to felony theft for higher-value items.
Robbery
Unlike larceny, robbery involves using force, violence, or the threat of force during the commission of a theft.
Robbery is a violent crime and is a more serious offense compared to larceny. It involves taking another person’s property directly from their person or immediate presence using force, intimidation, or coercion. Robbery charges in North Carolina can result in severe penalties, including months of imprisonment.
Burglary
Burglary is a distinct offense that involves entering a building, vehicle, or structure intending to commit a crime inside, such as theft or assault. While theft may be one of the crimes committed during a burglary, the key element of this offense is unlawful entry into a premises.
In North Carolina, burglary charges can vary in severity depending on factors such as the type of structure involved and whether any aggravating circumstances exist.
Breaking and Entering
Similar to burglary, breaking and entering involves unlawfully entering a building, vehicle, or structure without permission. However, unlike burglary, the intent to commit a crime inside is not always necessary for breaking and entering charges. In North Carolina, breaking and entering can be classified as a misdemeanor or felony, depending on the circumstances and intent of the individual.
Embezzlement
Embezzlement is a theft crime that occurs when a person entrusted with someone else’s property or funds misappropriated or unlawfully converts them for personal gain. This often occurs in an employer-employee relationship, where an employee abuses their position of trust to steal money or assets.
It’s important to note that the penalties for theft crimes in North Carolina can vary based on factors such as the following:
- Value of the stolen property
- Presence of aggravating factors
- Criminal history
- NC sentencing guidelines
- Discretion of the court
It’s always advisable to consult with a qualified criminal defense attorney if you or someone you know is facing theft crime charges. An experienced attorney works for your best interests.
Larceny Conviction Penalties
Larceny conviction penalties in North Carolina can vary depending on several factors, including the class of the crime, the value of the property stolen, and the presence of aggravating or mitigating factors. Additionally, an individual’s criminal history plays a significant role in determining their potential prison time.
Let’s explore these factors in-depth to understand how they can influence larceny conviction penalties in North Carolina.
Class of the Crime
Larceny offenses in North Carolina include the following:
Misdemeanor Larceny: Misdemeanor larceny involves the theft of property valued at less than $1,000. It is a Class 1 misdemeanor in North Carolina, punishable by a maximum sentence of 120 days in jail and fines determined by the court.
Felony Larceny: Felony larceny encompasses thefts where the property’s value is $1,000 or more. The severity of the felony charge depends on the value of the stolen property. If the value is more than $1,000, the offense is a Class H felony. The maximum prison sentence for a Class H felony in North Carolina is 39 months.
Larceny of a Firearm: Larceny of a firearm is a separate offense with enhanced penalties. It is a Class H felony, punishable by a maximum prison sentence of 39 months, regardless of the firearm’s value.
Larceny by Employee: Larceny by an employee refers to theft committed by someone in an employee capacity. This offense is treated as a felony regardless of the stolen property’s value and carries penalties based on the case’s specific circumstances. However, if you commit larceny by employee for less than $100,000 worth in value, you’ll likely face a Class H felony in North Carolina.
Receiving or Possessing Stolen Goods: If you receive or possess property or money, you can face Class H felony charges. They may convict you if you should have known or the court has reasonable grounds to believe you should have known.
Receiving or Transferring Stolen Vehicles: If you intend to procure or pass title to a vehicle you know (or should know) is stolen or unlawfully taken, you can face Class H felony charges. This includes receiving or transferring possession of a vehicle. (1)
Aggravating and Mitigating Factors
Aggravating or mitigating factors can influence the severity of the penalties for a larceny conviction.
Aggravating factors may include things like:
- Prior criminal record
- Use of a dangerous weapon during the theft
- Theft from a vulnerable person
These factors can lead to harsher penalties, including longer prison sentences.
Mitigating factors, on the other hand, may include:
- Lack of a prior criminal record
- Cooperation with law enforcement
- Restitution of stolen property
These factors can potentially result in reduced penalties or alternative sentencing options.
The court considers these factors on a case-by-case basis, weighing the circumstances to determine an appropriate sentence.
Criminal History
An individual’s criminal history plays a significant role in larceny conviction penalties. Repeat offenders or individuals with a history of theft-related offenses are likely to face harsher penalties than first-time offenders. Prior convictions can result in longer prison sentences and heavier fines.
To illustrate the application of these factors, let’s consider an example. Suppose you face conviction of felony larceny for stealing property valued at $5,000, but you have no prior criminal record. In this case, the offense falls under Class H felony larceny. You may face a prison sentence of 39 months. (2)
However, if aggravating factors such as using force or a weapon during the theft are present, the penalties could be more severe, potentially leading to a longer prison sentence.
Actual penalties can vary based on each case’s specific circumstances and the court’s discretion.
When facing larceny charges, it is crucial to consult with a knowledgeable criminal defense lawyer who can assess the details of your case, consider the applicable factors, and provide guidance on potential penalties and defense strategies tailored to your situation.
Robbery Conviction Penalties
In North Carolina, armed robbery is a Class D felony. However, it’s essential to understand that the value of the property stolen during the robbery does not directly affect the classification or penalties for robbery offenses.
Robbery is a violent crime because it involves theft accompanied by force, violence, or the threat of force. Unlike larceny, the value of the stolen property is not the primary determinant of the severity of the offense.
While the property’s value may not directly impact robbery conviction penalties, it can indirectly affect the sentencing if you committed other offenses. Committing larceny or burglary during a robbery may affect the penalties you face.
Experienced Larceny Defense Attorney
If you face larceny crimes charges, Scharff Law Firm can help. With the potential consequences of a larceny conviction, having an experienced larceny defense attorney by your side is essential.
Our team at Scharff Law Firm understands the complexities of North Carolina’s theft crime classifications and the factors that can impact your case. We will meticulously examine the details, assess potential aggravating or mitigating factors, and build a strong defense strategy tailored to your specific circumstances.
Our goal is to protect your rights, advocate for the best possible outcome, and guide you through the legal process with knowledge and expertise. When facing larceny charges, we provide the skilled representation you need.
Get in touch today for a free consultation and start defending your future!
