Amount of Property and Circumstances of the Taking Arises to Felony Larceny
A larceny occurs when a person (1) takes the personal property in possession of another (2) and carries it away (3) without permission of the possessor and (4) with the intent to deprive the possessor of its use permanently, (5) knowing that the taker was not entitled to it. In short, you take something from someone to a different place without their permission and you intend to keep it for yourself. (N.C.G.S. 14-72(a)). By default, larceny is a class 1 misdemeanor, but it can be charged as felony larceny depending on the value of the property and the way the property was taken. Below are some of the more common ways larceny thefts can be charged as a felony in North Carolina.
Felony Larceny based on Value of the Property
If the value of the property taken is more than $1,000.00, larceny is charged as a felony. Fair market value of the items at the time they were taken is the most common way to determine the value of the property for felony larceny. If the price tags for the items total more than $1,000.00, felony larceny will be the charge. if a fair market value is not readily available because the property is not commonly bought and sold, then the replacement value may be used to determine the value of the goods. (N.C.G.S. 14-72(a))
Removal of Antishoplifting Device
Many stores use antishoplifting devices that alert store employees when the merchandise is carried out of the store. These devices are usually plastic or metal tags embedded with a sensor. Usually, the sensor is affixed to valuable merchandise, but that is not always the case. If one of these antishoplifting sensors devices is removed, destroyed, or deactivated during the larceny, the charge is elevated to felony larceny. This is true regardless of the value of the merchandise. (N.C.G.S. 14-72.11(2))
Habitual Larceny
A larceny charge can be elevated to a felony based on your prior criminal record of larceny convictions. Four prior convictions for larceny, whether felony or misdemeanor, can elevate the fifth larceny charge to a felony. A prior shoplifting conviction does not factor into prior conviction calculations for habitual larceny. Shoplifting is a different charge discussed below. (N.C.G.S. 14-72(b)(6))
Larceny from the Person
This form of felonious larceny applies when property is taken from someone carrying the item. This is purse-snatching or pick-pocketing. It is like common law robbery, but not quite. Robbery is larceny from the person plus some the use of violence or intimidation to take the item. If you try to snatch a purse, the person carrying the purse resists, and you must wrestle the purse away by force or threat, then the charge is escalated to robbery. (N.C.G.S. 14-72(b)(1))
Larceny Committed Pursuant to a Breaking or Entering, or Similar Offense
Larceny is a felony when property is taken and carried away after breaking or entering a home, business, or other building. This is true regardless of the value of the goods taken. The felony offense applies if you aid in the theft even without physically entering the building yourself. So, if someone breaks into a business and hands items out a window to someone else waiting to carry it away, felony larceny applies. This brings acting in concert theories of the crime into play. Interestingly, larceny after breaking or entering a motor vehicle is not, by itself, felony larceny. (N.C.G.S. 14-72(b)(2))
Larceny by Employee and Embezzlement
Whenever an employee takes or converts to his own use property entrusted to the employee by the employer, the larceny is classified as a felony. This is true regardless of the value of the property. (N.C.G.S. 14-74)
Embezzlement is similar to larceny by employee. Embezzlement applies when a person uses property entrusted to them for a purpose other than for which the person received it. Here, the offense applies even if you did not use the property for your own purposes. Most of the time a person charged with embezzlement receives a benefit from the misuse of the property, but it is not always clear. Let’s say you are collecting money from a group of friends to donate to Charity ABC and you have collected funds of $1,000.00. Assume none of the funds are your own. If you decide to take $500.00 of those funds to pay off your gambling debts, that is embezzlement. Now, let’s say you had the same $1,000.00 funds for the same purpose of donating to Charity ABC, but you take $500.00 of it and give it to Charity XYZ. Is that embezzlement? Under a technical reading of the law, yes. (N.C.G.S. 14-90)
Larceny of a Firearm
Larceny of a firearm is always a felony, regardless of the value of the firearm. A “firearm,” as used here, is a weapon that shoots a shot, shell, or bullet using gunpowder or other explosive device to propel the shot, shell, or bullet. Even if the firearm is broken, if it can be fixed felony larceny of a firearm applies. Air rifles or air pistols are not firearms for the purpose of felony larceny. (N.C.G.S. 14-72(b)(4))
Misdemeanor Larceny Compared to Shoplifting
To prove larceny, the district attorney must prove that the defendant has the intent to deprive the possessor of its use permanently. Usually this is established when the accused exits the store with the merchandise without paying for it, but this step is not necessary. Intent to deprive can be inferred, and a loss prevention officer or law enforcement officer does not have to wait until a person exits the store. (N.C.G.S. 14-72(a))
Shoplifting, on the other hand, can be charged without this element of intent to deprive. Shoplifting, a class 3 misdemeanor, is (1) willfully concealing goods or merchandise of a store (2) without authority (3) without having purchased the goods or merchandise (4) while still on the premises of the store. There are aggravated offense levels for shoplifting, too. A second offense with a prior shoplifting conviction within the past 3 years is a class 2 misdemeanor. A third offense with two prior shoplifting convictions within the past 5 years is a class 1 misdemeanor. Using a lead-lined or aluminum-lined bag or article of clothing to conceal the goods elevates the charge to a felony. (N.C.G.S. 14-72.1)
Defenses to Larceny Charges
Defenses to misdemeanor larceny and felonious larceny charges vary from case to case. At Landon White Law Firm, we assess the client’s statement and the discovery evidence from the District Attorney’s Office. We are looking for closed-circuit videos, investigative reports, and admission statements. Sometimes it us up to us to subpoena exculpatory evidence that is helpful to the defense and shows innocence. The prosecution has the burden of proving the case beyond a reasonable doubt, and intent is often inferred, which means it is shown by circumstantial evidence. Passing the point of sale without paying for the merchandise can be evidence of intent, but larceny arrests are often made before a person passes the point of sale. Weaknesses in the prosecution’s case are leveraged in negotiations for dismissal or trial for verdict of not guilty. To discuss your cases and possible defenses, contact us for a free consultation.
Written by Landon White.
