Larceny becomes a felony when:
- The theft of goods is valued at more than $1,000
- Receiving or possessing stolen goods valued at more than $1,000 while knowing or having reason to believe they’re stolen
- The property theft is related to a burglary
How can you get a felony expunged in NC?
- Affidavit of good moral character since the date of conviction
- Verified affidavits of two persons, unrelated to the petitioner, that they know the character and reputation of the petitioner in the community and that such are “good”
- Completion of a form authorizing a background check to search for convictions and outstanding warrants
When is larceny a felony in North Carolina?
When a person steals multiple items during one theft, the values of the stolen items can be added up and could result in a felony larceny charge if the property is worth more than $1,000. Some other larceny crimes in North Carolina include: Concealment of merchandise in a store. Also known as shoplifting. Removal of a shopping cart from a store.
Is petty larceny a felony in North Carolina?
Under North Carolina law, a larceny is considered a class H felony unless a statute specifically designates the crime as a misdemeanor or another level of felony. All larceny crimes that constitute misdemeanors in North Carolina are considered "petty misdemeanors," making the offense equivalent to petty theft under other states' laws.
Is embezzlement a felony in NC?
Embezzlement is a serious crime in North Carolina and is always charged as a felony offense. People from all walks of life and a variety of jobs can be charged with this crime.
How many years is a felony larceny in NC?
Felony larceny is a Class H felony. The maximum punishment for felony larceny in North Carolina is an active sentence of 39 months. As an important side note, stealing a dog regardless of its value is a Class I felony. Class I felonies are punishable by a maximum of 24 months in prison.
What amount of theft is a felony in NC?
$1,000Felony larceny is similar to misdemeanor larceny, but the property taken must have a value of over $1,000 or the theft must meet other specific requirements, such as robbery of a person, burglary, or the theft of an explosive or firearm.
What class misdemeanor is larceny in NC?
Class 1 misdemeanorExcept as provided in subsections (b) and (c) of this section, larceny of property, or the receiving or possession of stolen goods knowing or having reasonable grounds to believe them to be stolen, where the value of the property or goods is not more than one thousand dollars ($1,000), is a Class 1 misdemeanor.
What is considered grand larceny in NC?
Our state used to distinguish between petty larceny – larceny of anything valued at less than $1,000 – and grand larceny – larceny of anything valued at over $1,000.
Is larceny a felony or misdemeanor in NC?
North Carolina classifies its larceny crimes according to the value of the property or services taken. Under North Carolina law, a larceny is considered a class H felony unless a statute specifically designates the crime as a misdemeanor or another level of felony.
Is possession of stolen goods a felony in NC?
In North Carolina, possession of stolen goods is divided into two separate categories: misdemeanor possession of stolen goods and felony possession of stolen goods.
What is a felony in NC?
North Carolina has two broad categories of crimes: felonies and misdemeanors. The state's statutory definition of a felony says that a crime is a felony if it was a felony at common law or is classified as such by state statute. These offenses may be punishable by death or imprisonment in the state prison system.
What is considered a felony?
Generally, a crime is considered a felony when it is punishable by more than a year in a state prison (also called a penitentiary). Examples of felonies are murder, rape, burglary, and the sale of illegal drugs. Misdemeanors are less serious crimes, and are typically punishable by up to a year in county jail.
Is theft a felony or misdemeanor?
In many states, theft or larceny can be either a felony or a misdemeanor, depending on the type of stolen property or its value. Misdemeanor thefts might be referred to as petty or petit theft and involve stolen property valued under $1,000 or $2,000.
What is larceny in North Carolina?
Theft, also referred to as larceny in North Carolina criminal law, is defined as the taking of another party's property with the intent to permanently deprive the owner of that property. Theft crimes include a number of related charges: Larceny/theft of property: Governed by N.C.G.S.
What is the difference between felony and misdemeanor larceny quizlet?
What is the difference between a felony and a misdemeanor? A misdemeanor is criminal offense usually punishable by a fine and/or a jail term of less than one year. A felony is serious crime usually punishable by death or imprisonment for a year or longer. You just studied 10 terms!
What is larceny crime?
Definition. The FBI's Uniform Crime Reporting (UCR) Program defines larceny-theft as the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
What is the punishment for theft in North Carolina?
Criminal Larceny Penalties in North Carolina Larceny charged as a Class 2 misdemeanor is punishable by up to 60 days in jail and a $1,000 fine. Larceny charged as a Class 1 misdemeanor is punishable by up to 120 days in jail and a fine to be set at the discretion of a judge.
How much is petty theft in NC?
If you are found in possession of stolen goods valued at $1,000 or less, it is a Class 1 Misdemeanor. A Class 1 Misdemeanor carries a potential maximum sentence of 120 days in jail and fines of up to $1000. If you have been charged with this, a criminal defense lawyer can help you lessen this charge.
What happens for first time offense shoplifting in NC?
A first offense is punishable as a Class 3 misdemeanor that generally involves 24 hours of community service. A second offense occurring within three years of a first conviction is charged as a Class 2 misdemeanor which generally involves at least 72 hours of community service.
What is the punishment for misdemeanor larceny in NC?
A Class 1 misdemeanor in North Carolina typically carries a punishment of 1 to 45 days of community service. If you have one to four previous convictions, the punishment is 1 to 45 days of community service or incarceration or intermediate punishment (a punishment that falls between incarceration and probation).
How much is a felony for larceny?
If the value of the property taken is more than $1,000.00, larceny is charged as a felony. Fair market value of the items at the time they were taken is the most common way to determine the value of the property for felony larceny. If the price tags for the items total more than $1,000.00, felony larceny will be the charge. if a fair market value is not readily available because the property is not commonly bought and sold, then the replacement value may be used to determine the value of the goods. ( N.C.G.S. 14-72 (a))
How to prove larceny in a court case?
To prove larceny, the district attorney must prove that the defendant has the intent to deprive the possessor of its use permanently. Usually this is established when the accused exits the store with the merchandise without paying for it, but this step is not necessary.
What is a felony if you break into a business and hands items out a window to someone else?
So, if someone breaks into a business and hands items out a window to someone else waiting to carry it away, felony larceny applies.
What is a class 3 shoplifting charge?
Shoplifting, a class 3 misdemeanor, is (1) willfully concealing goods or merchandise of a store (2) without authority (3) without having purchased the goods or merchandise (4) while still on the premises of the store. There are aggravated offense levels for shoplifting, too. A second offense with a prior shoplifting conviction within the past 3 years is a class 2 misdemeanor. A third offense with two prior shoplifting convictions within the past 5 years is a class 1 misdemeanor. Using a lead-lined or aluminum-lined bag or article of clothing to conceal the goods elevates the charge to a felony. ( N.C.G.S. 14-72.1)
What is anti shoplifting device?
Many stores use antishoplifting devices that alert store employees when the merchandise is carried out of the store. These devices are usually plastic or metal tags embedded with a sensor. Usually, the sensor is affixed to valuable merchandise, but that is not always the case. If one of these antishoplifting sensors devices is removed, destroyed, or deactivated during the larceny, the charge is elevated to felony larceny. This is true regardless of the value of the merchandise. ( N.C.G.S. 14-72.11 (2))
What is a firearm?
A “firearm,” as used here, is a weapon that shoots a shot, shell, or bullet using gunpowder or other explosive device to propel the shot, shell, or bullet. Even if the firearm is broken, if it can be fixed felony larceny of a firearm applies. Air rifles or air pistols are not firearms for the purpose of felony larceny. ( N.C.G.S. 14-72 (b) (4))
Is larceny a misdemeanor?
14-72 (a) ). By default, larceny is a class 1 misdemeanor, but it can be charged as felony larceny depending on the value of the property and the way the property was taken.
What other circumstances may cause a larceny offense to classify as a felony?
When a larceny offense involves using a firearm or an explosive device, North Carolina laws allow prosecutors to file a felony charge. Even if the property allegedly taken or received reflects a value of less than $1,000, a prosecutor may pursue a felony conviction.
How may taking an auto part from a vehicle result in a felony charge?
A motor vehicle owner typically files a report with law enforcement officials to inform them of a theft involving an auto part or component. If it costs at least $1,000 to repair the vehicle or replace a removed part, the offense could become a Class I felony.
What is the law in North Carolina regarding larceny?
North Carolina Larceny Law. North Carolina General Statute §14-72 prohibits theft of property, and defines larceny under state law. You can be charged with felony larceny if the property you allegedly stole is worth more than certain value or is a certain type of product or good. Felony larceny is:
What is a felony larceny?
Felony larceny is: The theft of goods valued at more than $1,000. The receiving or possession of stolen goods valued at more than $1,000 while knowing or having reason to believe the goods were stolen. Theft of property from another person, no matter the value of that property.
How to defend against felony larceny?
Another option for defending you against felony larceny charges are to attack a necessary element of the offense. It is the prosecutor’s burden to prove you committed each element of the offense beyond a reasonable doubt.
How long is a felony sentence?
Felony larceny is charged as a class H felony. If convicted, you can be sentenced to four to 25 months in prison. The specific length of your sentence depends on the details of your case and your criminal history. In addition to the statutory penalties that come with a conviction for felony larceny, you can also face several collateral consequences ...
What happens if you get a felony?
A felony conviction can impact your ability to obtain an education and find a good job.
Can a felony hold you back from renting an apartment?
A felony larceny conviction also can hold you back from renting an apartment and being approved for auto and personal loans . It can impact your child custody arrangement, your immigration status, and more.
Can a Charlotte criminal defense lawyer defend you?
There are several ways in which a Charlotte criminal defense attorney can defend you against felony larceny charges. If you are innocent of the crime, your lawyers may argue that there has been a mistake of identity. They may seek to show you have an alibi for the time of the offense.
What is larceny in a home?
Larceny committed during a burglary, breaking out of a dwelling, breaking or entering a building, breaking or entering a building that is a place of religious worship, or burglary with explosives, or
What does "broken out" mean in North Carolina?
From the person; or. During a burglary, breaking out of a dwelling, breaking or entering a building, or burglary with explosives; or. Of an explosive or incendiary device; or. Of a firearm; or. Of a record or paper in the custody of the North Carolina State Archives;
What to do if you are charged with a crime?
If you have been charged with a crime, it is important to consult with an experienced criminal defense attorney that can help zealously defend your case. Contact Us at Minick Law, P.C. for a free consultation on your case.
What is a felony larceny?
Felony larceny is similar to misdemeanor larceny, but the property taken must have a value of over $1,000 or the theft must meet other specific requirements, such as robbery of a person, burglary, or the theft of an explosive or firearm. Misdemeanor possession of stolen goods.
What Are the Penalties for a Larceny Conviction?
Under North Carolina law, larcenies are considered Class H felonies unless a statute specifically defines the crime as a misdemeanor or another level of felony. Misdemeanor larceny offenses are referred to as “petty misdemeanors.” Here are some of the penalties a person could face if convicted of a larceny crime:
How much jail time is there for shoplifting?
A second offense of shoplifting within three years would constitute a Class 2 misdemeanor with a possible sentence of 60 days in jail and an $1,000 fine. Class 1 misdemeanor.
What happens if you steal more than $1,000?
When a person steals multiple items during one theft, the values of the stolen items can be added up and could result in a felony larceny charge if the property is worth more than $1,000. Some other larceny crimes in North Carolina include:
How long is a Class H felony?
Class H felony. The sentence for a Class H felony is generally 4 to 24 months in prison, with the presumptive sentence being 5 to 6 months incarceration.
What are the consequences of a felony conviction?
The long-term consequences can be as serious as the punishment because it can affect your ability to obtain a job, keep a professional license, and obtain certain loans.
Is theft a felony in North Carolina?
In North Carolina, most theft crimes are considered larceny, and offenses can be a misdemeanor or a felony. Some common larceny crimes include: Misdemeanor larceny. A misdemeanor larceny is the taking of a person’s property without his consent and with the intent to permanently deprive him of the property when a person knows ...
What is a class A felony in North Carolina?
CLASS A. This is considered the most serious felony in North Carolina. Examples of Class A felonies: 1 st degree murder, unlawful use of a weapon of mass destruction (if you have injured another person) Prison sentence: death, or life without parole. Points given for prior Class A conviction: 10. CLASS B1.
What is a Class C felony?
Class C is the felony sentence for habitual felons.
What are the two types of criminal charges?
First off, there are two types of criminal charges: felonies and misdemeanors. As mentioned above, felonies are the more severe of the two. Felonies have different classifications for different crimes, but that does not mean a felony sentence is set in stone. Let’s look at the 11 felony classifications of felonies in our state.
What are some examples of felonies?
Examples of Class A felonies: 1 st degree murder, unlawful use of a weapon of mass destruction (if you have injured another person)
How are robbery and theft similar?
Theft and robbery are similar — they both involve the taking of someone else’s money or property. However, there are some differences between the two. With theft, the victim need not be present. In the case of robbery, however, the perpetrator takes the property or money directly from a person.
Is North Carolina a felony state?
You know that certain crimes are considered felonies in the state of North Carolina. And you probably know that felonies are “worse” than misdemeanors.
Do North Carolinians have criminal records?
Many North Carolinians possess a criminal record. It also happens that a large percentage of employers check criminal records when hiring new employees.