North Carolina Felonious Larceny Charges

According to North Carolina Criminal Law, the crime of Felonious Larceny of Goods worth more than $1,000 is defined as the theft of goods or property worth more than $1,000 that belongs to another person.

To demonstrate beyond a reasonable doubt that a defendant committed the crime of Felonious Larceny, the prosecution must establish the following prima facie components of the offense:

• The defendant seized another person’s property
• The defendant took the goods
• At the time of the taking, the defendant planned to keep the property permanently
• The defendant was well aware that they had no legal right to take possession of the property
• The commodity was more than $1,000 in value

“Carrying away” refers to moving the property; even the smallest movement is sufficient to establish this feature. The term “permanent deprivation” refers to the defendant’s intent to deprive the victim of the use of the property permanently. Temporary deprivation is insufficient to establish this feature.

In North Carolina, theft of property valued at less than $1,000 is prosecuted as a Class 1 misdemeanor. Theft of products worth $1,000 or more results in a Class H felony charge. To be charged with these offenses, the perpetrator must actually leave the premises with the stolen objects.

Regardless of the item’s worth, North Carolina automatically charges several instances of theft as felonies. This covers offenses involving the theft of an explosive device, firearm, or state archive; crimes involving breaking and entering; and theft in which the criminal steals anything from a victim’s person.

If you are found in possession of stolen items worth more than $1,000, you will be charged with a crime. A felony charge will also be brought against you if the item was stolen from the person of another, if entry was forced, or if it was a weapon. This is a Class H Felony, which has a maximum sentence of 8 months in jail for a first offense, but can be enhanced based on the facts of your case.

Larceny crimes are Class H felonies in North Carolina unless legislation clearly specifies the crime as a misdemeanor or another degree of felony. If convicted of a larceny offense, a person may face the following penalties:

• Class 3 and Class 2 misdemeanors: A first-time shoplifting violation is a Class 3 misdemeanor. In most cases, the maximum penalty is 30 days in prison and a $200 fine. A repeat shoplifting incident within three years would be a Class 2 misdemeanor, punishable by up to 60 days in prison and a $1,000 fine.
• Class 1 misdemeanor: Larceny convictions are categorized as Class 1 misdemeanors if the defendant is found guilty. The maximum punishment is 120 days in prison and a fine that the court will decide how much to impose.
• Class H felony: A Class H felony typically carries a jail term of 4 to 24 months with a presumption sentence of 5 to 6 months.

Offenders face civil fines in addition to criminal larceny penalties in the state. Typically, they must compensate the owner for the item’s value and larceny charges attorney expenses. In some situations, the judge may award punitive damages.

Having a skilled criminal defense attorney on your side can help you have the charges against you dropped or lowered from a felony to a less serious misdemeanor. Furthermore, sentencing in North Carolina is difficult and relies on various variables, including your criminal history. 

Larceny theft crimes, whether felonious or minor ones, can have long-term implications. Dishonesty and theft have a negative reputation attached to them. In addition, while there is a presumption of innocence in criminal court, public opinion and its courts do not give the same burden of evidence or safeguards. Even a theft charge might make it difficult to obtain work.

It’s one of the reasons that it is critical to retain legal counsel and, if feasible, seek measures to get the accusations dropped. King Law’s larceny charges attorneys in North Carolina want to ensure you understand the allegations against you.

Among the defenses against theft accusations are:

• The absence of reasonable suspicion
• Absence of probable cause for arrest
• Unlawful search and seizure
• Arrest without a verifiable warrant
• Search without a valid search warrant

Criminal charges, like the persons accused of them, vary greatly. As a result, it makes sense to begin developing a defensive strategy as soon as possible. What you tell your larceny charges attorney is kept strictly confidential. When you speak with a larceny charges lawyer, even if merely for legal advice, the attorney-client privilege protects all such legal interactions.