Larceny

The crime of larceny is the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another party. Larceny essentially refers to the theft of another party’s property. Depending on the type and value of property that was allegedly stolen, an alleged larceny offense may result in felony charges.

Many people accused of larceny were unaware of the nature of their alleged actions. Some alleged offenses are the result of simple miscommunication while others honestly believed they had legitimate ownership claims relating to the property in question.

Lawyer for Larceny Arrests in Raleigh, NC

If you were arrested or think that you might be under investigation for alleged larceny in the Research Triangle, it is in your best interest to not say anything to authorities without legal counsel—even if you know that you are innocent. The Coolidge Law Firm represents clients accused of theft and property crimes in communities throughout Wake County, including Apex, Wake Forest, Garner, Holly Springs, Raleigh, Cary, and many others.

Raleigh criminal defense attorney David Coolidge also defends students at many local colleges, such as North Carolina State University, Wake Technical Community College (Wake Tech), Meredith College, and William Peace University. He can provide a complete evaluation of your case as soon as you call (919) 239-8448 to schedule a free, confidential consultation.


North Carolina Larceny Crimes Information Center


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Larceny Charges in Wake County

Larceny is a criminal charge that applies only to the alleged theft of another person’s property. Robbery is a different crime that involves larceny plus the use or threat of physical force, and burglary is an offense based on an alleged offender breaking or entering into another party’s premises regardless of whether actual larceny is committed.

While North Carolina General Statute § 14-70 abolishes all distinctions between petit and grand larceny, the laws pertaining to larceny offenses remain the same. Under North Carolina General Statute § 14-72, larceny of goods of the value of more than $1,000 is a Class H felony. The crime of larceny is also a Class H felony, without regard to the value of the property in question, if the alleged larceny is any of the following:

  • From the person;
  • Committed pursuant to a first degree burglary, second degree burglary, breaking out of dwelling house burglary, breaking or entering buildings generally, breaking or entering a building that is a place of religious worship, or burglary with explosives violation;
  • Of any explosive or incendiary device or substance—defined as including any explosive or incendiary grenade or bomb; any dynamite, blasting powder, nitroglycerin, TNT, or other high explosive; or any device, ingredient for such device, or type or quantity of substance primarily useful for large-scale destruction of property by explosive or incendiary action or lethal injury to persons by explosive or incendiary action, but not including fireworks; or any form, type, or quantity of gasoline, butane gas, natural gas, or any other substance having explosive or incendiary properties but serving a legitimate nondestructive or nonlethal use in the form, type, or quantity stolen;
  • Of any firearm— defined as including any instrument used in the propulsion of a shot, shell or bullet by the action of gunpowder or any other explosive substance within it, but not including air rifles or air pistols;
  • Of any record or paper in the custody of the North Carolina State Archives as defined by North Carolina General Statute § 121-2(7) and North Carolina General Statute § 121-2(8); or
  • Committed after the alleged offender has been convicted in North Carolina or in another jurisdiction for any offense of larceny under this section, or any offense deemed or punishable as larceny under this section, or of any substantially similar offense in any other jurisdiction, regardless of whether the prior convictions were misdemeanors, felonies, or a combination thereof, at least four times.

Chapter 14, Article 16 of the North Carolina General Statutes also establishes several other specific larceny offenses. Offenses in which the value of the property involved determines the grades of the charges include:

  • Larceny of motor fuel — Under North Carolina General Statute § 14-72.5, it is a Class 1 misdemeanor for an alleged offender to take and carry away motor fuel valued at less than $1,000 from an establishment where motor fuel is offered for retail sale with the intent to steal the motor fuel. Convictions are also punishable by revocation of driver’s licenses;
  • Felonious larceny, possession, or receiving of stolen goods from a permitted construction site —North Carolina General Statute § 14-72.6 makes it a Class I felony if an alleged offender commits either of the following offenses, where the goods are valued in excess of $300 but less than $1,000: Larceny of goods from a permitted construction site, or possessing or receiving of stolen goods, with actual knowledge or having reasonable grounds to believe that the goods were stolen from a permitted construction site;
  • Felony larceny of motor vehicle parts — Under North Carolina General Statute § 14-72.8, larceny of a motor vehicle part is a Class I felony if the cost of repairing the motor vehicle is $1,000 or more;
  • Larceny from a merchant (Shoplifting or Retail Theft) — North Carolina General Statute § 14-72.11 makes it a Class H felony if an alleged offender commits larceny against a merchant under any of the following circumstances: If the property taken has a value of more than $200, by using an exit door erected and maintained to comply with the requirements of 29 Code of Federal Regulations § 1910.36 and 29 Code of Federal Regulations § 1910.37 upon which door has been placed a notice, sign, or poster providing information about the felony offense and punishment provided under this subsection, to exit the premises of a store; by removing, destroying, or deactivating a component of an antishoplifting or inventory control device to prevent the activation of any antishoplifting or inventory control device; by affixing a product code created for the purpose of fraudulently obtaining goods or merchandise from a merchant at less than its actual sale price; or when the property is infant formula valued in excess of $100;
  • Larceny by servants and other employees — Under North Carolina General Statute § 14-74, it is a Class H felony for an alleged offender to embezzle or convert any money, goods, or other chattels of an employer if the value of the money, goods, or other chattels is less than $100,000. If the value is $100,000 or more, the crime becomes a Class C felony; and
  • Larceny of horses, mules, swine, cattle, or dogs — North Carolina General Statute § 14-81 makes larceny of horses, mules, swine, or cattle a Class H felony. Larceny of a dog is a Class I felony.

Other larceny crimes defined under this section of state law that are not dependent on value include:

  • Larceny of chose in action, North Carolina General Statute § 14-75 — Class H felony;
  • Larceny of secret technical processes, North Carolina General Statute § 14-75.1 — Class H felony;
  • Larceny, mutilation, or destruction of public records and papers, North Carolina General Statute § 14-76 — Class 1 misdemeanor;
  • Larceny, concealment or destruction of wills, North Carolina General Statute § 14-77 — Class 1 misdemeanor;
  • Larceny of ungathered crops, North Carolina General Statute § 14-78 — Class H felony;
  • Larceny of ginseng, North Carolina General Statute § 14-79 — Class H felony;
  • Larceny of pine needles or pine straw, North Carolina General Statute § 14-79.1 — Class H felony; and
  • Larceny, destruction, defacement, or vandalism of portable toilets or pumper trucks, North Carolina General Statute § 14-86.2 — Class 1 misdemeanor.

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Larceny Penalties in Raleigh

People who are convicted of crimes in North Carolina may receive one of three types of sentences. An active punishment is a term of incarceration in a state prison or jail, an intermediate punishment involves a sentence of supervised probation as well as other possible conditions, and a community punishment is any sentence other than an active punishment.

North Carolina uses a “structured sentencing” system which takes into account both the nature of the crime the alleged offender is accused of as well as that person’s prior criminal record. With a Class 1 misdemeanor larceny offense, an alleged offender will either be classified as a Prior Conviction Level I (no prior convictions), Prior Conviction Level II (one to four prior convictions), or Prior Conviction Level III (five or more prior convictions).

Convictions for Class 1 misdemeanor larceny offenses are thus punishable as follows:

  • Prior Conviction Level I — Community punishment of up to 45 days;
  • Prior Conviction Level II — Community, intermediate, or active punishment of up to 45 days; or
  • Prior Conviction Level III — Community, intermediate, or active punishment of up to 120 days.

With felony cases, points are assigned to a person’s criminal record and the alleged offender is placed into one of six different prior record levels. The possible punishment ranges for felony offenses are also broken up into three different ranges: a mitigated range for cases with more mitigating factors, an aggravated range for cases with more aggravating factors, and a presumptive range for cases with an equal amount of or no mitigating factors and aggravating factors.

In regards to the possible larceny felony offenses mentioned above, convictions may be punishable as follows:

 

Prior Record Level I
(0-1 point)

Prior Record Level II
(2-5 points)

Prior Record Level III
(6-9 points)

Prior Record Level IV
(10-13 points)

Prior Record Level V
(14-17 points)

Prior Record Level VI
(18+ points)

Class C

Active

Active

Active

Active

Active

Active

Aggravated

73-92 months

83-104 months

96-120 months

110-138 months

127-159 months

146-182 months

Presumptive

58-73 months

67-83 months

77-96 months

88-110 months

101-127 months

117-146 months

Mitigated

44-58 months

50-67 months

58-77 months

66-88 months

76-101 months

87-117 months

Class H

Community, Intermediate, or Active

Intermediate or Active

Intermediate or Active

Intermediate or Active

Intermediate or Active

Active

Aggravated

6-8 months

8-10 months

10-12 months

11-14 months

15-19 months

20-25 months

Presumptive

5-6 months

6-8 months

8-10 months

9-11 months

12-15 months

16-20 months

Mitigated

4-5 months

4-6 months

6-8 months

7-9 months

9-12 months

12-16 months

Class I

Community

Community or Intermediate

Intermediate

Intermediate or Active

Intermediate or Active

Intermediate or Active

Aggravated

6-8 months

6-8 months

6-8 months

8-10 months

9-11 months

10-12 months

Presumptive

4-6 months

4-6 months

5-6 months

6-8 months

7-9 months

8-10 months

Mitigated

3-4 months

3-4 months

4-5 months

4-6 months

5-7 months

6-8 months


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North Carolina Larceny Resources

2015 | Crime In North Carolina | State Bureau of Investigation — View this report compiled using date from the North Carolina Uniform Crime Reporting (UCR) Program. As you can see, larceny has steadily decreased over the preceding five years but still accounts for a majority of all criminal offenses in the state. You can view larceny offenses by city and county as well as breakdowns of arrests by age.

North Carolina State Bureau of Investigation
Capital District
1705 Tryon Park Dr.
Raleigh, NC 27610
(919) 779-8188

North Carolina Shoplifting Laws | National Association for Shoplifting Prevention (NASP) — NASP is a private non-profit tax-exempt 501(c)(3) organization that identifies itself as “the nationwide leader in shoplifting prevention efforts.” On this section of the NASP website, you can view all of North Carolina’s laws relating to shoplifting. Elsewhere on the website, you can learn more about NASP’s education programs for adults and juveniles, community services, and recidivism studies.


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The Coolidge Law Firm | Raleigh Larceny Defense Attorney

Do you believe that you could be under investigation or were you already arrested in the Research Triangle for allegedly committing larceny? No matter how confident you are in your innocence, you should not make any kind of statement to authorities until you have contacted the Coolidge Law Firm.

David Coolidge is an experienced criminal defense lawyer in Raleigh who aggressively defends individuals in Knightdale, Wendell, Zebulon, Rolesville, Fuquay-Varina, Morrisville, and many surrounding areas of Wake County. He also represents students at such local higher learning institutions as the University of North Carolina at Chapel Hill (UNC), Shaw University, and Duke University. Call (919) 239-8448 or fill out an online contact form today to have our attorney provide a complete evaluation of your case during a free initial consultation.


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