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Felony Larceny
Crimes of theft and dishonesty, including Felony Larceny, Larceny by Employee, and Embezzlement can carry serious consequences.
Even false allegations and an arrest with an online mugshot carry a social stigma, potentially ruining your name in the community.
Few employers wish to have employees with a reputation for theft, stealing company property, or misappropriation of assets.
“Both misdemeanor and felony larceny charges deserve the attention of a dedicated criminal defense lawyer.”
– David Courie, Criminal Lawyer
What is a Felony Larceny?
The NC Criminal Laws in N.C.G.S. 14-72 define possession of stolen goods and “larceny of property.”
Felony larceny in North Carolina can be a be complicated in that there is more than one way to “elevate” the offense from a more minor misdemeanor to felony allegations.
“It’s not just a matter of the dollar value of the stolen property. The type of property and how it is stolen can make a difference.”
– David Courie
What Makes Larceny a Felony?
The Defendant carries no Burden of Proof.
You are not required to give evidence against yourself or prove you are innocent to criminal allegations.
The State of North Carolina must prove the accused guilty Beyond a Reasonable Doubt.
As such, prosecutor carries what defense lawyers refer to as the Burden of Production of evidence.
Evidence must be relevant for admissibility at trial.
“The Defendant’s failure to provide evidence or speak on their own behalf cannot be used against them at trial. Failure to talk about the allegations with police also cannot be used as evidence against the accused.”
– David Courie, Cumberland Attorney
Felony larceny under North Carolina General Statute 14-72(a) or North Carolina General Statute 14-81 occurs when the accused:
- (1) takes
- (2) personal property
- (3) in the possession of (or belonging to) another and
- (4) carries it away
- (5) without the consent of the possessor and
- (6) with the intent to deprive the possessor of its use permanently
- (7) knowing that he or she was not entitled to it and
- (8) the larceny was
- (a) of property worth more than $1,000 OR
- (b) from the person OR
- (c) committed pursuant to 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
- (d) of an explosive or incendiary device OR
- (e) of a firearm OR
- (f) of a record or paper in the custody of the North Carolina State Archives OR
- (g) of a horse, mule, swine, cattle or dog
Felony larceny is a class H felony with a maximum punishment under the law of 39 months incarceration under the NC Sentencing Chart / Punishment Grid.
Larceny of a dog which is a class I felony with a maximum punishment under the law of 24 months incarceration in prison.
Misdemeanor vs Felony Larceny
Is “shoplifting” from department store a misdemeanor or considered Grand Larceny North Carolina?
Theft of store items is not always a misdemeanor charge, even if the value of the items is less than $1,000.
There are fact-patterns where the unlawful concealment of items, coupled together with other illegal conduct can enhance the charge to felony status.
For example, removal of an anti-theft device in the commission of the larceny allows for criminal prosecution for a type of felony larceny.
Cutting, tearing, breaking, or tampering with anti-left cables, packaging, and sensors all qualify for possible felony prosecution.
The North Carolina larceny laws no longer use the terms Petit Larceny and Grand Larceny.
Lawyers Who Handle Felony Larceny Charges in Cumberland County NC
Larceny charges may begin with a phone call from a police officer or detective, asking questions about your involvement in “missing items.”
We strongly recommend you politely decline to talk to investigators and immediately retain a criminal defense attorney.
Miranda Rights may not apply to “non-custodial” inquiries.
“Contrary to a common misunderstanding of the law, the failure to read someone Miranda Rights does not necessarily result in a dismissal of charges.”
– David Courie, Fayetteville Criminal Defense Attorney
Trying to explain yourself out of charges or offering to reimburse or “pay back” the alleged victim can in fact serve as a form of admission.
You have the Fifth Amendment Right to remain silent.
Take the 5th
Ask to speak with an attorney.
Advise investigators you do not wish to answer questions.
Then immediately call David Courie to schedule a consultation.
“Retaining legal counsel early-on in the process is a good idea. The less inculpatory evidence you provide against yourself the better.”
– David Courie