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Should I Expect Jail Time for My First Larceny Charge in North Carolina?

Larceny is a crime. It is not legal for you to take the property of another person with the intent of depriving someone of their rightful possession of it. If someone gives you the property as a gift or loans you the property, then it is not considered larceny. But if you are facing a larceny charge, then you have taken property away from someone else.

Shoplifting in Charlotte, NC and other charges of larceny are seen differently than in other states. There are some states that will make distinctions between the crimes of grand larceny and petty larceny. In North Carolina, the individual will be charged with either a misdemeanor or a felony and this will depend on the monetary value of the property that was stolen. It sometimes also depends on the circumstances of the case, such as if there was damage to any other property or if someone got hurt.

Whether you will go to jail for your first larceny charge will depend. Many times, if it was just a basic shoplifting in Charlotte, NC issue and nothing else occurred at the same time (such as destruction of property or injuring someone else), then you may be able to get off without jail time. No matter what the situation is about, if you are dealing with any larceny charges, it is important to get a criminal defense lawyer on your side right from the beginning.

Class 1 Misdemeanor Larceny Charge

Under the theft statutes of North Carolina, if the amount that you stole has a value of less than $1000, the individual will be charged with a Class 1 misdemeanor. However, if the value goes over by even a cent from the $1000, then you could move up from a misdemeanor to a felony.

This is where a criminal defense lawyer can come into play. While shoplifting is not a good thing and it is considered a crime, you do not want to harm your criminal record even more by receiving a felony just because the value of the goods you stole ended up being $1000.01 or only slightly about that thousand dollars. Your criminal defense lawyer may be able to work on negotiations and a plea bargain to get the value under $1000 to help you avoid some penalties and fines.

With a Class 1 misdemeanor, it is possible that you could spend some time in jail. The courts allow for a punishment of up to one year in prison. However, at this level, most judges will not use jail time. The judge will often take the criminal history of the defendant into consideration for a first-time larceny charge. If you have never been charged with any crime before or had any convictions, it is more likely that you will receive a sentence to do community service rather than spend time in jail. Your criminal defense lawyer will be able to help you get a better sentence after shoplifting in Charlotte, NC.

Class 2 and Class 3 Misdemeanors

In the state of North Carolina, it is possible that a shopper can commit a crime that is known as concealment of merchandise, or shoplifting if store officials catch them before they leave the premises and there were goods concealed somewhere on their person. The first offense of this is going to be considered a Class 3 misdemeanor.

The offender can receive many different punishments for this, but for a first offense, they could decide to get 24 hours of community service rather than spending time in jail. Once the second offense occurs within three years, then this becomes a Class 2 misdemeanor. When this happens, there are a few choices. The defendant can either spend time in jail, they can do a minimum of 72 hours of community service, or if the situation is bad enough, they may have to do a combination of both.

In addition, if you have larceny charges for firearms, explosive devices, or records and paper that belong to the North Carolina State Archive, you will have an automatic Class H felony, no matter the value of those items. This is going to be a sentence of four months to two years in prison, based on the criminal history you have.

If you are facing larceny charges, then you will need a criminal defense lawyer on your side. Make sure to contact us at Remington and Dixon to discuss your case and get you the representation that you need.

 

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