Some states make a distinctions between petty larceny and grand larceny, but North Carolina abolished that practice.
Larceny is a crime. It's the unlawful act of taking away another person’s property with the intent to deprive the owner of their rightful possession of it. Some states make statutory distinctions between the crimes of petty larceny and grand larceny, but North Carolina abolished that practice. Instead, an individual is charged with a felony or misdemeanor depending on the monetary value of the stolen property, as well as other circumstances surrounding the crime.
Definition of Class I Misdemeanor
Under North Carolina theft statutes, if the amount of stolen goods is less than $1,000 in value, an individual may be charged with a Class I misdemeanor. If the value exceeds $1,000 by even one cent, however, the individual can face more serious felony charges.
Class I Misdemeanor Punishment
Misdemeanor larceny carries a punishment of up to one year in prison, but such a severe sentence for this level of theft is rare. Judges take many factors into consideration, including the defendant's criminal history and ties to the community. If the individual has never been charged or convicted of a crime before, he may only receive a sentence requiring him to perform community service.
Class 2 and 3 Misdemeanors
In North Carolina, a shopper can commit the crime of concealment of merchandise – shoplifting – if store officials apprehend him before he leaves the premises and he has attempted to conceal goods somewhere in his clothing or on his person. A first offense of concealment of merchandise constitutes a Class 3 misdemeanor.
The offender may receive only a suspended sentence of imprisonment if he performs 24 hours of community service, but a second offense of concealment within three years of the first offense is a Class 2 misdemeanor under North Carolina law. In this case, a sentence of imprisonment is suspended only if the offender is imprisoned for a term of at least 72 hours, successfully performs 72 hours of community service, or both.
Possession of Stolen Property
Even if an individual didn’t actually steal the property in question, if he is in possession of property that he has good reason to believe has been stolen by someone else, he can be charged with a Class H felony regardless of the value of the stolen property. This means that even if the value of the stolen property is less than $1,000, it is possible that the person possessing it can be charged with a felony rather than a misdemeanor.
Automatic Felony Charges
Larceny of explosive devices, firearms, or records and paper in the custody of the North Carolina State Archive carries an automatic charge of a Class H felony regardless of the value of the item. This charge is punishable by a sentence of between four months and two years in prison, depending on the criminal history of the person charged and convicted.
- North Carolina General Statutes: Section 14.70 Offenses Against Property
- North Carolina General Statutes: Section 14-72.1 Concealment of Merchandise in Mercantile Establishments
- North Carolina General Statutes: Section 14-72 Larceny of Property; Receiving Stolen Goods or Possession of Stolen Goods
- Minick Law: Larceny Crimes in North Carolina