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

Under North Carolina criminal law 14-72(b)(4), the felony larceny of a firearm is a crime that involves stealing, taking, or carrying away a person’s firearm without their consent. You’d be charged with theft of a gun if you knew that you were not entitled to take the firearm, but still took it with the intent of permanently depriving the owner of the firearm possession. Like any other form of theft, the felony larceny of a firearm is a serious offense with harsh penalties. It will also label you as dishonest, making it difficult for you to get a job, keep a professional license, or even obtain loans.

That’s why you should immediately find an experienced criminal defense attorney who will investigate your case and build a strong defense against the charges you face. At King Law, our larceny defense attorneys have the proper knowledge and experience to analyze your case and fight for the best outcome possible. Feel free to reach out to a North Carolina larceny of a firearm defense lawyer if you’ve been accused. 

How Prosecutors Prove a 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.

What Is Considered a Firearm in the North Carolina Criminal Law?

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.

Penalties for Larceny of a Firearm in NC

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.

Larceny of a Firearm by a Felon

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. 

Defending Against Larceny of a Firearm Charges in NC

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.

Consult a North Carolina Larceny of a Firearm Defense Attorney at King Law

North Carolina has strict laws against theft crimes. It is no surprise that when it comes to larceny of a firearm, the charges may be severe and usually end up with harsh punishments. You might also find yourself facing additional gun crime charges that could worsen your situation. Being convicted of larceny charges will stay on your criminal record and significantly affect your future and reputation. That’s why you need an experienced and knowledgeable NC larceny defense attorney to handle your case.

At King Law, our criminal defense attorneys have many years of experience handling larceny of firearm cases. We’ll review your case, investigate what happened, analyze the evidence and vigorously defend you in court. Schedule a consultation today by calling us at (888) 748-5464, or (888) 748-KING, or by contacting us online to learn how we can help you get the best outcome for your larceny of firearm charges.