In North Carolina, larceny is the legal term to describe theft. In the past, our state described larceny as “grand” or “petit,” depending on the worth of the property stolen. However, in NC, grand larceny is no longer a criminal charge. Larceny is the charge, one crime with differing penalties according to the worth of property stolen and other pertinent factors.
There are multiple ways to face larceny charges in NC. Our courts can prosecute you for many and varied types of theft crimes, including:
- Credit card fraud
- Shoplifting
- Identity theft
- Concealing merchandise
- Altering price tags
- Robbery
- Breaking and entering
- Possession of stolen goods
- Obtaining property through false pretenses
- Possessing stolen goods
- Removal of a shopping cart from shopping premises
- Larceny of gasoline
- Larceny of a construction site
- Chopshop activity
- Larceny of motor vehicle parts
Misdemeanor Larceny Penalties
Courts consider the charges you face in light of the context and the item(s) taken. As a rough guideline, theft is usually a misdemeanor if the amount stolen is less than $1000.
Class 3 or 2 Misdemeanor Larceny – These crimes include concealing merchandise in a store (shoplifting) and altering price tags. Even though a Class 3 or 2 misdemeanor is a minor conviction, you still face a permanent criminal record.
For a first Class 3 misdemeanor conviction, the court may suspend any imprisonment term if you perform at least 24 hours of community service.
For a second offense committed within three years, you can face a Class 2 misdemeanor. The court may suspend any imprisonment term if you perform at least 72 hours of community service.
For a third or subsequent offense committed within five years after your conviction of the other two offenses, you face a Class 1 misdemeanor. In this case, the court may suspend a longer sentence and instead impose 11 days imprisonment and special probation. However, the judge may pronounce other sentences depending on what they find appropriate.
Class 1 Misdemeanor Larceny – Taking items intentionally from a store is a class 1 misdemeanor with penalties of up to 45 days in jail and a fine.
Felony Larceny Penalties
Felony Larceny – Theft that amounts to a value of $1000 or more generally brings you a class H felony in our state. Breaking and entering with the intent to steal something is also a felony, even if you do not actually steal any property. Direct thefts or thefts with dangerous weapons such as firearms or explosives are always felonies. For theft from a construction site or of motor vehicle parts, you can face Class I felony charges. Chopshop activity can bring you a Class G felony.
A Class H felony is a severe charge bringing time in prison, fines, court fees, and possible community service or other programs. However, the court considers your previous criminal history and the context of the crime when determining your penalty. Your penalty will likely be more severe if you used weapons or committed a breaking and entering crime vs. simple larceny.
If you face charges for a first offense felony charge, it is more likely that your criminal defense attorney can help the prosecutor reduce or dismiss charges. If convicted for a first offense, you may spend only 4 to 6 months in jail according to sentencing guidelines for felony larceny in NC.
The prosecuting attorney may even reduce, drop, or dismiss your charges with a knowledgeable defense. However, if you committed multiple offenses or have habitual status, you could face more than 2 years in prison for felony larceny, in addition to fees and parole time.
Your Best Defense to Larceny Charges
Even if you are only under investigation, a theft crimes defense attorney can begin helping you navigate interviews and secure an independent investigation to counter the law enforcement story.
Law enforcement may try to accuse you of multiple crimes to increase your chance of prosecution. An experienced criminal law theft attorney can protect your rights and prevent any unlawful searches or interviews during the initial stages.
Even if you have admitted to theft, hiring a theft crimes attorney will give you an understanding of your options. With legal help, you may find yourself facing a lesser sentence in a plea bargain. The assistance of a qualified defense attorney is vital during this stage.
In some cases, theft is a misunderstanding. Maybe you made a mistake by placing merchandise in your purse, or you could have unwittingly purchased previously stolen merchandise. Your ignorance may determine the outcome of your case.
Maintaining Your Permanent Record
If your permanent record contains criminal convictions, you may find it difficult to find gainful employment in the future. Accusations of theft can also damage and destroy existing personal and professional relationships.
Your best course of action is to consult a criminal defense attorney as soon as possible to preserve your credibility and set the record straight.
We Can Help
Whatever your case, you deserve fairness and a legal defense that is dedicated to helping you rebuild your credibility and get back to your life. Our experienced criminal law larceny attorneys are ready to stand up for your rights. Contact us today for a free consultation and find out how we can help you get your life back.
Footnotes:
- https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_16.html
