To prove a defendant committed the crime of Felonious Larceny, the prosecutor must establish the following prima facie elements of the crime Beyond a Reasonable Doubt:
- The Defendant took property belonging to another person
- The Defendant carried away the property
- The Defendant, at the time of the taking, intended to take the property permanently
- The Defendant knew he/she was not entitled to take the property
- The property was worth more than $1,000
“Carrying away” means that the Defendant moved the property – even the slightest movement of the property is sufficient for proving this element.
“Permanent Deprivation” means that the Defendant intended to deprive the victim of the use of the property indefinitely. Temporary deprivation is not sufficient to prove this element.
Burdens of Proof
If the property was not worth more than $1,000, but was committed pursuant to burglary violations (North Carolina Criminal Law 14-51, 53, 54 or 57), or was of an explosive or incendiary device or of a firearm, it is a felony without regard to the value of the property. (North Carolina Criminal Law 14-72(b)(2), (3), (4).)
2. Examples The defendant’s friend takes off a diamond ring (worth $15,000) to wash their hands. The Defendant takes the diamond ring and sticks it in their pocket, with the intention of pawning it later. The Defendant may be charged with Felonious Larceny, a Class H Felony Offense.
The Defendant tries on a watch worth $1,500 at a jewelry store. When the store clerk looks away, the Defendant rolls down their sleeve and walks out of the store. The Defendant may be charged with Felonious Larceny, a Class H Felony Offense.
The Defendant enters a store, puts numerous items in a bag, and leaves the store without paying. The items together have a value of $1,250. The Defendant may be charged with Felonious Larceny, a Class H Felony Offense.
3. Related Offenses Other related crimes offenses include:
- Felonious Possession of Stolen Goods Worth More Than $1,000
- Misdemeanor Larceny
- Felonious Larceny by Trick
- Larceny by Employee
- Embezzlement
4. Defenses to Felonious Larceny of Goods Worth More Than $1,000 A Defendant can challenge the crime of Felonious Larceny for goods worth more than $1,000.00, with these common defenses: belief of ownership or right, consent by the property owner of the taking, intent for temporary deprivation, duress, or entrapment.
Can I get my charges dropped?
It is important to note that larceny is charged per transaction – meaning that if multiple objects were stolen at one time, only one count of larceny should be charged.
5. PenaltiesUnder North Carolina Criminal Law 14-70, 14-72(a): Felonious Larceny of goods worth more than $1,000 is a Class H Felony, allowing for a maximum period of incarceration of up to 25 months. The Felony Punishment Chart provides for Active, Intermediate, and Suspended punishments.
Additional terms and conditions punishment may include:
- Enrollment into and completion of a cognitive behavioral program
- Costs of Court
- Restitution
- Civil judgment for damages
- Fines
- Community service
- Supervised and unsupervised probation
6. Criminal Defense for Felony Larceny Cases If you have been charged or arrested for Felony Larceny, contact a defense attorney without delay. Theft charges carry consequences to reputation in the community and can have a long-lasting impact on your employment, the ability to rent or purchase a home,and financial prospects.
Our criminal defense attorneys will provide you with advice on how to challenge the elements of larceny and guide you through the process.
CALL NOW: 704-342-4357
The Powers Law Firm PA provides free, confidential consultations for criminal charges. Our criminal lawyers provide help to people in Charlotte-Mecklenburg as well as Gaston County, Iredell County, Lincoln County, Catawba County, Union County, Rowan County, and Stanly County, North Carolina.
Attorney Bill Powers is licensed only in North Carolina. Attorney Chris Beddow is licensed in North Carolina and South Carolina.
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