Some common larceny crimes include: When a person steals multiple items during one theft, the values of the stolen items can be added up and could result in a felony larceny charge if the property is worth more than $1,000. Larceny is the theft of another person’s property without the use of force. this is my first offense and i was wondering what my outlook would be. amount- $80 bond- $2500 secured first offense Everyone convicted of a misdemeanor offense in North Carolina is categorized into one of three prior conviction levels. With no prior history, you could face up to 45 days in jail if you are convicted. This is the second-highest level of misdemeanor. Larceny (can be misdemeanor or felony) and unlawful concealment of merchandise (shoplifting) are two such theft crimes in NC. (2) Committed pursuant to a violation of G.S. This means a party with a prior misdemeanor larceny conviction may have a hard time defending herself in court. Shoplifting is not a misdemeanor larceny. A party who stayed in a rental property and took a vase worth $500 from the property without permission could be found guilty of larceny. § 14-76.1. If you have been charged with a conspiracy crime in North Carolina, you are entitled to a vigorous defense. So long as you agree to perform 24 hours of community service, you may avoid a prison sentence. Class 3 misdemeanors are the least serious type of misdemeanor. An impaired driving offense under G.S. In North Carolina, most theft crimes are considered larceny, and offenses can be a misdemeanor or a felony. North Carolina General Statutes 14-72(a) (Larceny of property) North Carolina General Statutes 14-72.5 (Larceny of motor fuel) North Carolina General Statutes 14-74 (Larceny by employees) Penalties. Misdemeanor larceny is a crime that involves dishonesty. A second offense of shoplifting within three years would constitute a Class 2 misdemeanor with a possible sentence of 60 … (b) The crime of larceny is a felony, without regard to the value of the property in question, if the larceny is any of the following: (1) From the person. A party who commits a second offense of this type within three years of the first offense can be convicted of a Class 2 misdemeanor. The long-term consequences can be as serious as the punishment because it can affect your ability to obtain a job, keep a professional license, and obtain certain loans. Jeremy Cotten of Cotten Law can help. There is no wait period for dismissals or findings of not-guilty. Given the potential penalty and criminal record, … I received a misdemeanor larceny charge. Intoxicated and Disruptive in Public. 2015-150 (H 273). Felony: Felony punishment chart and Minimum/Maximum Sentence Table for offenses committed on or after October 1, 2013.; Misdemeanor: Misdemeanor punishment chart for offenses committed on or after October 1, 2013.; Class B1 through E Sex Offenders: Class B1 through E Sex Offender Maximum Sentence Table for offenses committed on or after December 1, 2011. G.S. (14-2.4) ATTEMPT to commit an offense is classified as one class lower than the offense the person attempted to commit. In most cases, a first concealment offense is a Class 3 misdemeanor, and a second offense is a Class 2 misdemeanor. Charlotte Criminal Defense and DWI Lawyer, ©2021 Browning & Long PLLC, All Rights Reserved, Reproduced with Permission, Common Pre-Trial Motions That You May Want to Use to Fight Your DWI Charges in Charlotte, How Domestic Violence Restraining Orders Work in North Carolina, What You Need to Know About Assault on a Female If You’ve Been Charged With This Offense in Charlotte. Punishment for a felony can be a year or more in state prison. An attorney for the opposing side may attempt to impeach a witness convicted of misdemeanor larceny. 14-51, 14-53, 14-54, 14-54.1, or 14-57. If a public defender is not appointed, request a conference with the prosecutor. Jessica Smith, North Carolina Crimes 327 (7 th ed. Class 3 (first offense shoplifting, for instance): 1 to 20 days of days of active, intermediate, or community punishment (N.C. Gen. Stat. Also known as shoplifting. First time offenders in North Carolina The legal process can be tricky and stressful for first time misdemeanor offenders in North Carolina. In many cases, judges order first-time offenders to perform community service instead of time in jail. What Are Common Misdemeanor Crimes That You Could Be Charged With Committing? Read More: What Is the Difference Between Larceny & Theft? . Call us today at (980) 207-3355 or fill out our contact form for a prompt response from a member of our legal team. Both Class 3 and Class 2 misdemeanors are less serious than a Class 1 misdemeanor, the classification of misdemeanor larceny. 121-2(7) and 121-2(8), he shall be guilty of a Class 1 misdemeanor. Laws on Credit Card Fraud in North Carolina, Legal Eviction of Roommates in North Carolina. In North Carolina, misdemeanors are broken down into four different classes with the lowest class being a Class 3 Misdemeanor and the highest class being a Class A1 Misdemeanor. Do I just plead guilty and hope the Judge/DA offers a fine and community service? Misdemeanor larceny: If you are accused of taking property with a value of $1,000 or less, you will likely face Class 1 misdemeanor charges. Examples of Class 2 Misdemeanors that our office handles include: Carrying Concealed Weapons (first offense) Cyber- Bullying, Defendant under 18. What Is the Difference Between Larceny & Theft? In North Carolina, the state can charge larceny as a felony when the value of the goods is more than $1,000. Defenses to misdemeanor larceny include consent to the taking of the property by the property owner and ownership of the property by the taker. This is the least serious type of misdemeanor offense. If a party only wanted to borrow an item for a few hours and intended to return it, he would not be guilty of larceny. Effective March 16, 2020 most court dates were suspended. If any person shall willfully or maliciously obliterate, injure, deface, or alter any record or paper in the custody of the North Carolina State Archives as defined by G.S. For example, a party owned an umbrella and he took the umbrella with him after leaving the house of his landlord. Mutilation or defacement of records and papers in the North Carolina State Archives. The maximum penalty is generally 30 days in jail and a $200 fine. That said, jail time is extremely unlikely. In North Carolina, a person who receives or possesses stolen goods of $1,000 or less is guilty of misdemeanor larceny. However, if the value goes over by even a cent from the $1000, then you could move up from a misdemeanor to a felony. Lawyer's Assistant: Have you talked to a NC lawyer about this larceny case? Is a Conditional Discharge the Right Option in Your Criminal Case? 15A-1341(a4) authorizes a discharge and dismissal for any class of misdemeanor and any Class H or I felony (see Table 5). § 15A-1340.23 (2019).) In addition, the sentencing in North Carolina is very complicated and is based on a number of factors, including your prior criminal records. I have a Misdemenaor Larceny charge that was plead down from a felony offense. Class 2 misdemeanors are more serious. These classifications and common crimes that fall into each category include: Class 3 Misdemeanor. She has practiced in a wide variety of fields, including criminal defense, property law, immigration, employment law, and family law. Not yet. A party who took the vase from the homeowner at knifepoint could be found guilty of a different offense, robbery. Class 2 and Class 3 Misdemeanor Larceny A first offense of concealment of merchandise, or shoplifting, is a Class 3 misdemeanor under North Carolina law. For a misdemeanor, the maximum penalty depends on the class of the offense and the number of your prior convictions. If the defendant was under age 18 at the time of the offense the wait period remains at 2 years. But, for a first offense misdemeanor larceny charge, you may be able to avoid incarceration and go through probation and community service with the help of an experienced attorney. Some of the most common charges we encounter in our Raleigh criminal law practice involve drug and alcohol related offenses. I am a first time offender with a citation for Misdemeanor Larceny in NC. In addition, the court can require that the offender serve a term of probation not to exceed 120 days, less time served. A first offense shoplifting charge is a Class 3 misdemeanor. (14-444) Fishing Without a License (first offense). Contact Our Offices Today to Discuss Your Defense. Class 3 misdemeanors are the least serious type of misdemeanor. An experienced criminal defense attorney can investigate the circumstances surrounding your arrest and build a strong case for the charges that you face. a conspiracy to commit a Class I felony is a Class 1 misdemeanor, and a conspiracy to commit a Class 3 misdemeanor remains a Class 3 misdemeanor. The punishment for misdemeanor larceny in North Carolina is up to 120 days in county jail and a discretionary fine to be set by the court. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. If this is your first offense ever almost every County in North Carolina has a First Offender's type program that will require you to sign a contract for anywhere between 6 months and a year and to perform community service, pay court cost of $180,00; a community service fee of $225.00. In any situation, a judge looks at the convicted criminal’s history to determine an appropriate sentence. Misdemeanor Larceny NC GS 14-72 a Class 1 misdemeanor punishable by 6 months imprisonment. Our goal is always a dismissal and then a NC Expungement for first offenders in Wake County NC. We are ready to help you with your legal matters -- in person, on the phone, through email, or using other technology when necessary. A first offense of concealment of merchandise constitutes a Class 3 misdemeanor in North Carolina, and the offender may receive only a suspended sentence of imprisonment, so long as the offender performs 24 hours of community service. Being charged with a theft crime in North Carolina should not be taken lightly. Under North Carolina statute, a person is guilty of misdemeanor larceny when he commits a larceny of property that is valued at not more than $1000. Prior Conviction Level. Some other larceny crimes in North Carolina include: Under North Carolina law, larcenies are considered Class H felonies unless a statute specifically defines the crime as a misdemeanor or another level of felony. The closing of many courts is unprecedented and should not cause you additional stress. S.L. Misdemeanor larceny offenses are referred to as “petty misdemeanors.” Here are some of the penalties a person could face if convicted of a larceny crime: Are you being charged with a larceny crime? If you are convicted of a crime, a lawyer can help you to work out a sentence that may be less severe than serving time in jail or prison. 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