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Larceny is a crime that involves taking personal property belonging to someone else without intending to return it. In North Carolina, most theft crimes are classified as larceny.

Depending on the value of the property stolen, larceny can be either a misdemeanor or felony charge. Because penalties can include significant fines and lengthy jail or prison sentences, you should retain an experienced criminal lawyer as soon as possible if you are being investigated or have been arrested and charged with this crime.

The North Carolina larceny lawyers at Hiltzheimer Law Office are prepared to defend you against any larceny charge. We take the time to get to know you and the circumstances of your case. That attention to detail allows us to craft a strong and personalized defense on your behalf. Contact us now to get started with a consultation.

What Constitutes a Larceny NCGS § 14-72 Charge in North Carolina?

NCGS § 14-72 is a section of North Carolina criminal code that covers larceny, receiving stolen goods, and possessing stolen goods. Larceny covers many kinds of theft. In order for a person to be charged, law enforcement must have probable cause to establish key elements of larceny in North Carolina, which include the following:

You took someone else’s property
You knew the property was not yours
You stole the property without the owner’s consent
You intended to permanently deprive the owner of their property
You carried the property from its location, even if this was just a short distance

The crimes of receiving stolen goods and possessing stolen goods are related to larceny charges. The charges differ, but the potential penalties are similar. For example, if someone steals property worth more than $1,000, they’ll face felony larceny charges, a Class H felony. You can also be charged with a Class H felony if you receive or possess that property and knew or reasonably should have known it was stolen.

Types of North Carolina Larceny Crimes

Under North Carolina criminal laws, there are two broad categories of criminal charges for larceny: Misdemeanor and felony larceny. Shoplifting is a related charge that falls under its own category.

Misdemeanor Larceny Charges

Typically, if the stolen property involved has a total value of $1,000 or less, you can be charged with misdemeanor larceny (also called petty larceny or petit larceny). This crime is a Class 1 misdemeanor.

Felony Larceny Charges

You can face felony larceny (also called grand larceny) charges if you are accused of stealing property worth more than $1,000. Under North Carolina larceny laws, this is a Class H felony. However, there are some cases, including the following, in which larceny is automatically a felony charge regardless of the stolen property’s value when you are accused of the following:

Taking property directly from a person
Removing or deactivating an anti-theft device in a retail store
Obtaining the property by breaking and entering
Stealing property that is a firearm or an explosive
Stealing property that is a record in the North Carolina State Archives
Committing larceny while having four or more previous larceny convictions
Stealing a catalytic converter
Stealing any car part where the cost of repairing the car is $1,000 or more
Stealing a dog
Stealing company merchandise as an employee or steal from an organization as someone in a position of trust

It’s important to note that you can also be charged with a felony if you simply possess stolen property. For example, if your friend steals a gun that you’re later found to be in possession of, you could be charged with felony possession of stolen property.

Shoplifting

The crime of shoplifting under North Carolina law comes under NCGS § 14-72.1(a), which covers concealment of merchandise in commercial establishments. In order to be convicted of shoplifting, the prosecution must prove that you concealed merchandise at a store, without having purchased that item, while still remaining on the premises. The state does not have to prove that you left the store, or even intended to leave the store, but only that you concealed the item without having purchased it.

Under NCGS § 14-72.1(d), you can also be charged with shoplifting for transferring a lower price tag from one item to another, otherwise by changing the price on an item in order to purchase it at a lower price.

Penalties for Larceny Convictions

If you have a misdemeanor or felony conviction for larceny, you’re likely wondering what penalties you may be facing. Your larceny sentence will depend on whether you were convicted on misdemeanor or felony larceny charges. If you’re convicted of misdemeanor larceny, you could face probation or be sentenced to up to 120 days in jail and a fine of up to $1,000, depending on your record and other factors.

However, many courts will try to avoid incarcerating people for minor theft crimes, especially if your larceny conviction is a first offense. You may be offered community service or probation instead of a jail sentence if you are convicted of misdemeanor larceny and have no prior criminal record.

If you are convicted of a felony larceny charge, the presumptive sentence is five to six months in prison. Felony sentencing in North Carolina is complex, though, and multiple factors can play a role in it. It could be determined by elements like the value of the property stolen, the criminal history of the person convicted, and other details specific to your case.

The maximum sentence for felony charges for larceny is 39 months in prison. Because of the complexities in the larceny laws of North Carolina, it’s absolutely essential that you consult a criminal defense attorney as soon as possible after your citation or arrest.

Next Steps After Receiving Larceny Charges

If you’ve just been arrested and charged with misdemeanor or felony larceny, don’t panic. While being charged with a criminal offense may be a terrifying experience, the criminal defense attorneys at Hiltzheimer Law Office help people like you navigate theft crimes and other criminal charges on a daily basis.

If you are arrested, the best thing you can do for yourself is to reach out to experienced attorneys for larceny in North Carolina. Even if you think you’ll certainly be found guilty, don’t give up. Defense lawyers can analyze the evidence in your case, and also get to know you and your backstory in order to make a compassionate argument to the district attorney for leniency with respect to the prosecution of your case.

FAQ

In some cases, it may be possible to have your charges dropped. However, the likelihood of this happening depends on many factors. You should talk to a larceny lawyer in North Carolina as soon as possible to determine the options you have.

Is larceny a felony? In North Carolina, whether larceny is a misdemeanor or a felony often depends on the value of the stolen goods. Property valued at $1,000 or less typically leads to a misdemeanor charge, whereas property worth over $1,000 usually leads to a felony larceny charge. However, in some cases (like if you steal a firearm), the crime is a felony regardless of property value.

Larceny sentences in North Carolina can vary dramatically. The maximum sentence for grand larceny is 39 months in prison, but active jail sentences usually fall between four months and two years. Many people convicted of larceny crimes are eligible for probation. Several factors, including your criminal history and the circumstances of the crime, determine the sentence length. An experienced criminal defense attorney may be able to successfully negotiate lower penalties, or in a best case scenario, a deferral or conditional discharge that results in a complete dismissal of your charges.

Usually, you must steal property with a total value of more than $1,000 to be charged with felony larceny. However, there are some cases — like stealing from your employer or stealing a firearm — that are automatically felonies.