Larceny: Retail Theft and Posession of Stolen Goods

In accordance with the North Carolina General Statute 14-72.11, a person is guilty of a Class H felony if the person commits larceny against a merchant under any of the following circumstances:

AND

  • Using an exit door upon which door has been placed a notice, sign, or poster providing information about the felony offense and punishment provided
  • Removing, destroying, or deactivating a component of an antishoplifting or inventory control device to prevent its activation
  • Affixing a product code created for the purpose of fraudulently obtaining goods or merchandise from a merchant at less than its actual sale price

Additionally, a person can be found guilty of the Class H felony organized retail theft if the person:

  1. Conspires with another person to commit theft of retail property from retail establishments in which:
    1. The property is collected over a 90-day period
    2. With the intent to sell that retail property for monetary or other gain

OR

  1. Receives or possesses any retail property that has been taken or stolen in violation of subdivision (1)

Lastly, according to NCGS 14-71.1, if any person shall possess any movable personal articles, property, money, valuable security or other thing whatsoever, the stealing or taking whereof amounts to larceny or a felony.  Any person knowing or having reasonable grounds to believe the articles in their possession to have been stolen or taken, he or she shall be guilty of a Class H felony, and may be indicted and convicted. (Even if the felon who has stolen or taken such property has or has not been previously convicted or come to justice.)  Any such possessor may be dealt with, indicted, tried and punished as one convicted of larceny.

For more information on Larceny, Retail Theft, or Possession of Stolen Goods, call The Law Offices of Wiley Nickel, PLLC today at (919) 585-1486.

Comment

Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.