PROPERTY & THEFT OFFENSES

Burglary, larceny, and motor vehicle theft as defined

WHAT ARE Common

PROPERTY & THEFT OFFENSES in north carolina

Offenses against property can range from low-level misdemeanor charges to severe felonies, conviction of which can result in mandatory, significant prison sentences. If you or a loved one is facing being charged with any type of property offense, it’s important to understand the gravity of the charge and any potential defenses. The experienced criminal defense attorneys at PRJ Law stand at the ready to defend you against accusations of any type of property law in North Carolina.

NORTH CAROLINA

Common misdemeanor property offenses include the following:

Injury to personal property – Under N..C.G.S. § 14-160, if the damages to someone else’s personal property are $200 or less, this charge is a Class 2 misdemeanor, the second-least most serious type of misdemeanor in North Carolina. If the damages exceed $200, it is a Class 1 misdemeanor. In order for you to be convicted of either, the burden is on the State to prove that the property did in fact suffer injury (it does not have to have been completely destroyed); that you were the person to cause that injury; and that you did so “wantonly and willfully.”

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Shoplifting – Governed by N.C.G.S. § 14-72.1, this is a Class 3 misdemeanor. For this offense the State has to show that you (1) willfully concealed (2) merchandise of a store (3) without the authority to do so, (4) without having bought the merchandise, (5) while you were still on the store premises.

Our experienced Criminal Attorneys will help you understand your rights and options per your charges and previous offenses.

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Misdemeanor larceny – Similar to shoplifting, this is often charged after an alleged shoplifting has occurred but after the person has left the store premises. You can also be charged with this if the State can show that you took someone else’s property without their consent; that you intended to permanently deprive that person of the property; and that you knew you were not entitled to that property. For either larceny or shoplifting, the value of the property has to be $1,000 or less, in which case it is a Class 1 or Class 3 misdemeanor, respectively. However, there are certain exceptions in which larceny of goods less than $1,000 becomes a more serious felony charge, such as if the item was stolen off of a person (in which case it becomes a robbery), or if the item was a firearm. Also, if the property has a value of more than $1,000, it becomes Class H felony larceny. The misdemeanor and felony types of larceny are governed by N.C.G.S. § 14-72.

Besides felony larceny

other common felony property offenses include:

BURGLARY

Under N.C.G.S. § 14-51, burglary in the first degree (a Class D felony) is the unlawful entering of a “dwelling house” or “sleeping apartment” that is actually occupied by another person at the moment of entry, coupled with the intent to commit a felony or theft (including what would otherwise be misdemeanor larceny) inside.

BURGLARY

If such a structure is unoccupied, it is burglary in the second degree (Class G felony). Importantly, attempted first or second degree burglary is punished at the same level as the completed offense.

FELONY CLASSES A-D

Prison Sentences

Felony Classes A-D

Class A felony: death, or life with or without parole. Class B1 felony: 144 months to life without parole. Class B2 felony: 94 to 393 months. Class C felony: 44 to 182 months. Class D felony: 38 to 160 months.

OBTAINING PROPERTY BY FALSE PRETENSES

N.C.G.S. § 14-100 makes it a Class H felony to knowingly, and by design, by means of any sort of false pretense whatsoever, attempt to obtain or actually obtain anything of value, including money, property, goods, and services, from another person with the intent to defraud or cheat the person out of such thing of value that is less than $100,000.

OBTAINING PROPERTY BY FALSE PRETENSES

This includes situations in which the false pretense is a conditional promise to do something in the future. If the value of the property is $100,000 or more, it becomes a Class C felony.

FELONY CLASSES E-G

Prison Sentences

FELONY CLASSES E-G

Class E felony: 15 to 63 months Class F felony: 10 to 41 months Class G felony: 8 to 31 months

ARSON

N.C.G.S. § 14-58 governs arson. Like burglary, the class of felony depends on whether the building was occupied or not at the time of the offense. If occupied, it is a Class D felony; if unoccupied, it is a Class G.

ARSON

To successfully prosecute this charge, the State has to prove that you were the person to commit the offense, and that it actually constituted a “burning” (under North Carolina caselaw, “mere discoloration” is not sufficient, but the “slightest charring” or “partial burning” of the structure is.

FELONY CLASSES H-I

Prison Sentences

FELONY CLASSES H-I

Class H felony: 4 to 25 months Class I felony: 3 to 12 months

NORTH CAROLINA

LAWS

PROPERTY & THEFT

RESOURCES FOR

BURGLARY VICTIMS

North Carolina Collision Against Domestic Violence https://nccadv.org/get-help

Clyde & Ethel Dickson Domestic Violence Shelter, an 80-bed facility in Charlotte.

Carolinas Medical Center

Domestic Violence 704-446-3999 main

Mecklenburg County Women’s Commission

704-336-3210 (during business hours)

Greater Charlotte Hope Line  980.771.4673