Theft or larceny charges are serious, and if you are convicted, you could face a variety of penalties. In addition, you will have a criminal record that will impact many areas of your life for years to come. Petty larceny and grand larceny are both types of theft, and the charges will depend on factors such as the value of items that were allegedly stolen. A knowledgeable criminal defense attorney will help guide you through the process and assist you in your defense.
Definition of Larceny
- Theft is the unlawful taking of another person’s property with the intent to permanently deprive them of it. In order to prove larceny, the prosecutor must prove all the elements of the crime.
- Unlawful Taking of Property – The unlawful taking of property means that the person took the property without the approval of the property owner. Property consists of tangible and intangible goods. The owner has not given consent for the taking of the property.
- Intent – The person taking the property must have the intent to keep it (or sell it) without bringing it back to the owner. In other words, the person taking the property does not intend to give it back.
- Control of Possession – The person who takes the property must have control over it and must have taken it away from the owner in some form or fashion. The person who took the property has removed it from the possession of the owner.
In addition, theft or larceny does not include the use of force. The property must have been taken in a non-forceful manner. If force or the threat of force is used, the crime falls under the category of robbery.
Petty Larceny and Grand Larceny
In North Carolina, there are two main categories of theft: petty larceny and grand larceny. Petty larceny is a misdemeanor, while grand larceny is a felony. When the value of the stolen property is under $1,000, it is typically considered petty larceny, also called misdemeanor larceny. When the value is over $1,000, the charge will typically be grand larceny, a felony. Other situations where theft charges may be considered grand larceny are when the theft was part of a burglary, when the theft included firearms or explosive devices, or when the defendant has prior theft convictions. The penalties for a larceny conviction depend on the severity of the charges as well as the criminal record of the defendant and whether any aggravating circumstances are present. The penalties for misdemeanor larceny range from 30 to 120 days in jail and fines of up to $1,000. The defendant may also be responsible for retribution costs. Felony larceny penalties typically include up to 24 months in jail along with fines and retribution costs. The judge will take any aggravating circumstances into consideration when ordering a sentence. A person who has several or more prior larceny convictions will receive a harsher sentence.
A larceny conviction can have a negative impact on your life. If you have been charged with larceny, you will want to vigorously defend the charges with help from an experienced attorney. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to discuss your case with our criminal defense team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/byarticle/chapter_14/article_16.html
Image Credit:
https://www.freeimages.com/photo/car-theft-1572653
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