If you’ve ever shoplifted or stolen property from someone else, you may wonder about the different terms used to describe the act of stealing. Which types of stealing can send you to jail? Is it illegal to possess stolen property? And what is the legal definition of shoplifting? Let’s look at larceny vs theft and see what these terms mean in North Carolina.
Larceny, Theft, Shoplifting, and Stealing
Shoplifting occurs when you conceal an item while still in a retail store. You commit larceny once you leave the store with the stolen goods.
“Larceny” in North Carolina legal terms means “theft.” There are different levels of larceny and penalties you may face depending on these five factors while stealing:
- Value of Stolen Property
The value of the goods you steal: If the property is worth less than $1,000, the law classifies the offense as a Class 1 misdemeanor for larceny (or class 3 misdemeanor for shoplifting if you were apprehended before you left the store premises). If the property is worth more than $1000, your larceny is a Class H felony with a prison sentence of 10-41 months.
- Type of Property
Stealing firearms is always a Class H felony with a prison sentence of 10-41 months. These items are regulated and the state does not consider stealing them on the same par as putting a lipstick in your purse.
- Method of Stealing
How you steal something can be just as important as what you steal. If you break and enter, it’s a felony no matter the value of the property you steal. Breaking into a convenience store for a gallon of milk can earn you a felony charge because you went in without the permission of the owner or manager.
- Possession of Stolen Goods
If you only possess the item but did not steal it yourself, you may still face charges. If a friend gives you a diamond tennis bracelet after telling you that it was stolen in a jewelry store burglary, you can face felony charges for accepting the gift. You can also face misdemeanor charges for possession of stolen property depending on the value of the property. Even if you don’t actually know that the item was stolen, you can be charged if there’s evidence that you “should have known.”
- Your Age
If you are under 18 and caught stealing, then you can still be charged but in juvenile court. However, law enforcement may arrest you and charge you with misdemeanor shoplifting or misdemeanor or felony larceny if over 18 years old.
Finding Relief From Larceny Charges
First off, never speak to law enforcement about what happened without your criminal defense attorney present. Law enforcement officers are trained in tactics to get a confession from you.
Their goal is to close the case with a good prosecution and conviction. In order to have a fighting chance, you need a legal expert who understands the larceny laws extensively and knows how they apply to your specific case.
Misdemeanor Larceny
An experienced criminal defense attorney can often get first-time misdemeanor larceny charges reduced or dropped entirely. Often, misdemeanor-level convictions result in short jail sentences, probation, and smaller fines. Examples of misdemeanor larceny in NC include:
- Taking and carrying away motor fuel valued at less than one thousand dollars ($1,000) from a gas station with the intent to steal the motor fuel
- Shoplifting: concealment of merchandise in a store
- Stealing property valued at less than $1000
- Possessing property you know is stolen worth less than $1000
- Removal of a shopping cart from the parking area set aside for store customers
Felony Larceny
Felony larceny is big-time, and it is generally harder to get charges dropped. However, a criminal defense attorney who knows how the law applies can often help you get a deferred prosecution, receive reduced charges, including less jail time or reduced fines. Examples of felony larceny include:
- Stealing property valued at more than $1000
- Committing a burglary of a dwelling
- Breaking or entering any building with the intent to commit larceny
- Intending to commit larceny by breaking and entering any building and attempting to open any vault, safe, or other secure place using nitroglycerine, dynamite, gunpowder, or any other explosive, or acetylene torch.
- Stealing motor vehicle parts
- Stealing any explosive or incendiary device or substance
- Theft of any firearm
- Wrongfully breaking or entering any building that is a place of religious worship with intent to commit larceny
- Stealing any record or paper in the custody of the North Carolina State Archives
- Receiving stolen goods or receiving or possessing goods represented as stolen.
- Receiving or possessing property you knew was in custody of law enforcement as “stolen goods”
- Theft committed after conviction for larceny of the above items at least four times.
- Receiving or possessing stolen goods obtained during felony larceny (such as those listed above without regard to the value)
We Can Help
No matter the charges you face or the circumstances you find yourself in, at Scharff Law, we use our experience to bring you legal relief. Our work with prosecutors in the past shows our commitment to negotiating for reduced charges in many cases. You may not understand all of the nuances of the law, but we go before the court to act as your voice. At Scharff Law, we make it our business to understand your charges and how to find the best outcome in your particular case. Contact us today for a free initial consultation and find out how we can help you.
