Larceny of goods with a value of $1,000 or more is a class H felony. Larceny of goods with a value of less than $1,000 is a class 1 misdemeanor. NCGS §14-72.
If you were charged with Larceny, you have a few options. These options depend on the circumstances of your case, and whether you are a first time offender. If you are a first time offender, you might consider the first offenders program that allows you to complete 75 hours of community service for misdemeanors, and 225 hours of community service for felonies in exchange for a dismissal of your case. The first offenders program is not right for everyone, however.
If you want to fight your case, our first step will be to analyze the officer’s report. The most common problem with a larceny charge is that the State must prove that you had the “intent to permanently deprive” another of those goods. This can be an issue if you mistakenly did not pay for every item at checkout, or if you forgot that you tried on jewelry at the store, then walked out etc.
The State of North Carolina has the burden to prove each and every element of Larceny “beyond a reasonable doubt.” If they do not prove each element, you should be found not guilty.
The elements for Misdemeanor Larceny in North Carolina are:
1. Take personal property of another
2. Carry it away
3. Without the consent
4. With intent to permanently deprive
5. Knowing that it was not theirs to take
The elements for Felony Larceny in North Carolina are:
- Take personal property of another
- Carry it away
- Without the consent
- With the intent to permanently deprive
- Knowing that it was not theirs to take, and
- Property was worth over $1,000, or
- Larceny was from the person, or
- 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
- Larceny was of an explosive or incendiary device, or
- Larceny was of a firearm, or
- Larceny was of a record of paper in the custody of the North Carolina State Archives
If you were charged with Larceny or Possession of Stolen Goods, The Law Offices of Wiley Nickel, PLLC can help. Call attorney Kristi Haddock or attorney Wiley Nickel at 919-585-1486, or stop by our office in Cary, North Carolina for a free consultation.