Asheville: (828) 333-5024 | Charlotte: (704) 215-4242 | Gastonia: (704) 323-8485 | Waynesville: (828) 333-5035 | Wilmington: (910) 338-3994
DWI lawyer James Minick

DWI lawyer James Minick

Larceny is a crime involving the wrongful obtaining of property of another. The crimes listed below are the most common types of larceny charges that our clients face. Each crime shows all the elements that the State must prove beyond a reasonable doubt in order to obtain a conviction. The punishments are also listed according to the North Carolina General Statute’s sentencing provisions. Generally, a person who honestly believes that the property taken is theirs is not guilty of larceny, even if the belief is wrong. Also, a person is only charged with one act of larceny, even if multiple items of property are taken, as long as the larceny is committed in a single transaction.

Misdemeanor Larceny

Elements

A person is guilty if they:

  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

Punishment

If the value of the property stolen was less then $1,000, larceny is a Class 1 misdemeanor under N.C. Gen. Stat. § 14-72(a). If the value of the stolen property is questionable, the jury will determine the value of the property in their verdict.

Felony Larceny

Elements

A person is guilty if they:

  1. Take personal property of another
  2. Carry it away
  3. Without the consent
  4. With the intent to permanently deprive
  5. Knowing that it was not theirs to take, and
    1. Property was worth over $1,000, or
    2. Larceny was from the person, or
    3. 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
    4. Larceny was of an explosive or incendiary device, or
    5. Larceny was of a firearm, or
    6. Larceny was of a record of paper in the custody of the North Carolina State Archives

If a person steals multiple items in a single transaction, the value of the items is added together to reach the $1,000 mark for felony larceny. The value of the items is determined by their fair market value, not the replacement cost of the items.

Punishment

The punishment for felony larceny is a Class H felony under N.C. Gen. Stat. § 14-72(a).

Misdemeanor Possession of Stolen Goods

Elements

A person is guilty if they:

  1. Possesses stolen property
  2. Knowing, or having reasonable grounds to believe, that it was stolen
  3. With a dishonest purpose

Punishment

The punishment for misdemeanor possession of stolen goods is a Class 1 misdemeanor under N.C. Gen. Stat. § 14-72(a).

Felony Possession of Stolen Goods

Elements

A person is guilty if they:

  1. Possess stolen property
  2. When the larceny was
    1. Of property worth more then $1,000; or
    2. From the person; or
    3. During a burglary, when breaking out of a dwelling, breaking or entering into a building, or burglary with explosives; or
    4. Of an explosive or incendiary device; or
    5. Of a firearm; or
    6. Of a record or paper in the custody of the North Carolina State Archives
    7. Knowing, or having reasonable grounds to believe, that the property was stolen in that manner
    8. With a dishonest purpose

Punishment

The punishment for felony possession of stolen goods is a Class H felony under N.C. Gen. Stat. § 14-72(a).

Misdemeanor Receiving Stolen Goods

Elements

A person is guilty if they:

  1. Receives or conceals property
  2. Stolen by another
  3. Knowing, or with reasonable grounds to believe, that it was stolen
  4. With a dishonest purpose

Punishment

The punishment for misdemeanor receiving stolen goods is a Class 1 misdemeanor under N.C. Gen. Stat. § 14-72(a).

Felony Receiving Stolen Goods

Elements

A person is guilty if they:

  1. Receives or conceals property
  2. Stolen by another
  3. When that larceny by another was
    1. Of property worth more than $1,000; or
    2. From the person; or
    3. During a burglary, breaking out of a dwelling, breaking or entering a building, or burglary with explosives; or
    4. Of an explosive or incendiary device; or
    5. Of a firearm; or
    6. Of a record or paper in the custody of the North Carolina State Archives;
    7. Knowing, or with reasonable grounds to believe, that the property was stolen in that manner and
    8. With a dishonest purpose

Punishment

The punishment for felony receiving stolen goods is a Class H felony under N.C. Gen. Stat. § 14-72(a).

 

Contact Us

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.

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Office Locations

Asheville

30 Orchard St. Asheville, NC 28801 P: (828) 335-5024

Charlotte

2015 Ayrsley Town Blvd. #202-253 Charlotte, NC 28273 P: (704) 215-4242

Gastonia

192 S. South St Gastonia, NC 28052 P: (704) 323-8485

Waynesville

258 N. Main Street Waynesville, NC 28786 P: (828) 333-5035

Wilmington

321 N Front St #210, Wilmington, NC 28401 P: (910) 338-3994

Disclaimer

Every case is different, no results are guaranteed. This site and its information is not legal advice, nor is it intended to be. Contacting us does not create an attorney-client relationship. Until an attorney-client relationship is established, please withhold from sending any confidential information to us.

Areas of Service

Cities: Asheville, Charlotte, Gastonia, Waynesville, and Wilmington. Counties: Brunswick, Buncombe, Burke, Catawba, Cleveland, Columbus, Gaston, Haywood, Henderson, Jackson, Lincolnton, Madison, McDowell, Mecklenburg, New Hanover, Onslow, Pender, Polk, Rutherford, Swain, Transylvania, and Yancey.
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