North Carolina Criminal Law 14-72(b)(4): Felony Larceny of a Firearm

Unlike other theft crimes, larceny of a firearm is a criminal offense, irrespective of the value of the firearm. Therefore, it does not matter whether the stolen firearm is valued at more than $1,000. However, to be guilty of felony larceny of a firearm, the prosecutor should prove that:

• You took the victim’s gun and carried it away
• You did not get permission from the owner to take the firearm
• The owner did not consent to the defendant taking the firearm
• You knew that you were not entitled to take the firearm from the owner
• You took the firearm, intending to deprive the owner of its use permanently

Given how complicated your case can be, it’s essential to contact an experienced North Carolina larceny of a firearm defense lawyer at King Law to have a better fighting chance.

According to North Carolina criminal laws, a firearm is any weapon or instrument that uses gunpowder or any other explosive substance within it to propel a shot, bullet, or shell. This does not include air rifles, air guns, or certain antique guns that do not use fixed ammunition.

However, you’ll still be charged with larceny of a firearm if you take an inoperable or broken firearm that can be repaired. Therefore, you’ll still be in trouble if the gun is not capable of being fired when you take it, but it can still be made to work.

Under General Statute 14-87, Robbery With a Dangerous Weapon Is a Class D felony. Though this is not the highest degree of felony, this crime still carries some steep penalties like jail time. Because robbery with a dangerous weapon is a felony, you could risk a lengthy prison sentence if convicted. You may be required to pay fines and be placed on probation in addition to a prison sentence.

Larceny of a firearm is considered a Class H felony in North Carolina. Therefore, you could receive a sentence of not more than 39 months in a correctional facility. Depending on the nature of your case, other punishments for felony larceny of a firearm in NC include:

• Community service
• Probation, both supervised and unsupervised
• Restitution
• Court fines
• Substance abuse assessment and treatment

The North Carolina courts will consider various factors, including your criminal history, to determine the kind of sentence and punishment you get. It would be best to remember that the court can revoke your right to ever own a firearm again if convicted. King Law’s North Carolina larceny of a firearm defense lawyers are here to help.

In North Carolina, convicted felons cannot own, purchase, possess, or have in their custody a firearm or any other weapon of mass death and destruction. Therefore, things could get much worse for you if you’ve ever been previously convicted of a felony. You could receive a longer sentence or a much harsher punishment if found guilty. To make it worse, this law applies to any type of conviction, irrespective of how long ago it occurred.

With courts determined to apply the maximum possible punishment to a convicted offender charged with larceny of a firearm, you’ll need an experienced North Carolina larceny of a firearm defense lawyer who can act on your case immediately. 

When charged with larceny of a firearm, your first step should be to find an experienced larceny attorney who can find weaknesses and holes in your case. Since it’s a specific intent criminal charge, there are various common law defenses that we can use to help you avoid conviction. Some of the defenses that could help your case include:

• A mistake of fact: You had a good faith belief that the property in question was yours. This can eliminate the intent to deprive the firearm owner of possession.
• Permission and consent: This can serve as a defense if you reasonably believe that you had the permission or the right to take the firearm. We might provide evidence that the victim gave you permission or consent to take their property. 
• Mistaken identity: With a solid alibi, you can prove that you had nothing with the theft of the firearm.
• Duress: You were forced and threatened to commit the crime.
• Lack of knowledge: If found with a stolen firearm, we can prove that you had no way of knowing it was stolen or the person who gave it to you was not honest about where it came from.

Depending on the nature of your case, our experienced North Carolina larceny of a firearm defense attorneys can attack various aspects of the larceny charges against you.