A theft charge (called “larceny” in North Carolina law) is a serious matter in this state. If you are charged with larceny in the Piedmont Triad area, you must be defended by an experienced Winston-Salem theft crimes lawyer at LAWSMITH, the Law Offices of J. Scott Smith.
Larceny is taking someone else’s property – with the intent to deprive that person of the property permanently – without that person’s consent. Larceny in North Carolina can be a misdemeanor or a felony, depending on the details of the crime.
HOW ARE LARCENY CRIMES CHARGED IN NORTH CAROLINA?
Specific larceny crimes in this state include:
- Misdemeanor larceny: A misdemeanor larceny is the taking of someone’s property worth $1,000 or less.
- Felony larceny: A felony larceny is the taking of someone’s property worth over $1,000. Felony larceny may also be charged when the larceny includes burglary or robbery (as explained below), explosives, or firearms.
- Misdemeanor possession of stolen items: The possession of stolen goods worth less than $1,000 – when the suspect knew or reasonably should have known that the items were stolen – is charged as a misdemeanor.
- Felony possession of stolen items: The possession of stolen goods worth more than $1,000 – when the suspect knew or reasonably should have known that the items were stolen – is charged as a felony.
- Shoplifting is considered larceny in this state, but if a shoplifter takes property worth more than $200 through an emergency exit, shoplifts a firearm, or tampers with antishoplifting devices, the crime may be charged as a felony, even if the merchandise is worth under $1,000.
WHAT IS BURGLARY IN NORTH CAROLINA?
In North Carolina, first-degree burglary only happens at night and only in a dwelling house or a sleeping apartment. If the house or apartment is occupied, and the perpetrator intends to commit a felony or larceny, the charge is first-degree burglary, a Class D felony.
Second-degree burglary only happens in an unoccupied dwelling house, sleeping apartment, or building within the curtilage of the dwelling. If the house or apartment is not occupied, and the perpetrator intends to commit a felony or larceny, the charge is a Class G felony.
It doesn’t matter if the intended crime is committed or not – merely entering a dwelling house or a sleeping apartment without permission and with the intent to commit a larceny or a felony is considered burglary.
If the building is not a dwelling, apartment, or home, a suspect may be charged with the lesser offense of breaking and entering.
WHAT ABOUT ROBBERY IN NORTH CAROLINA?
Robbery is defined in this state as the taking of another person’s property without that person’s permission by using force or the threat of force. All robbery charges in North Carolina are felony charges:
- “Common law” robbery does not involve the use of a dangerous weapon. It is a Class G felony punishable upon conviction by up to 50 months in prison.
- Robbery “with a dangerous weapon” is a Class D felony punishable upon conviction by up to 204 months (17 years) in prison.
If you are charged with any theft crime in North Carolina – larceny, burglary, or robbery – you must be represented by an experienced Winston-Salem theft crimes lawyer at LAWSMITH, the Law Offices of J. Scott Smith, and you must contact that lawyer immediately.
WHAT IS OBTAINING PROPERTY BY FALSE PRETENSES?
It’s a crime in North Carolina to acquire something of value from someone else by any kind of false pretense. For a person to be found guilty of the crime of “obtaining property by false pretenses,” the state must prove that the defendant:
- made a false representation to another and intended to deceive that person
- succeeded, and the victim was deceived
- obtained or attempted to obtain property from the victim using false pretenses
If the value of the property is $100,000 or more, the charge is a Class C felony. If the value of the property is below $100,000, the charge is a Class H felony. Sentencing is based primarily on the offender’s criminal history, but even for a first offense, jail is possible for a conviction.
IF YOU ARE ACCUSED OF A THEFT CRIME, LAWSMITH CAN HELP
Winston-Salem criminal defense attorney J. Scott Smith has established a reputation for legal excellence and a record of success in the defense of his clients. He will fight aggressively for the best possible resolution to the larceny, burglary, or robbery charge or charges against you.
A good attorney’s help is your fundamental legal right. If you’re accused of a theft crime in the Piedmont Triad area, call LAWSMITH immediately at 336-306-8644, or fill out the contact form here on our website, and we’ll get back with you promptly.
The LAWSMITH offices are located in Winston-Salem at 250 Executive Park Boulevard, Suite 100, and in Greensboro at 204 Muirs Chapel Road, Suite 104. If you are facing a charge for a theft crime in the Piedmont Triad area, do not wait. Contact LAWSMITH at once.