In general, any person who takes or receives what does not belong to them may face Theft/Larceny charges. Generally, theft happens when a person takes someone else's property without their permission and with the intent to permanently deprive the owner of the property.
So, if you go into a clothing store and take a pair of jeans, intending to keep them for your personal use and not return them, you are committing retail theft. But sometimes it's not so cut-and-dry. To learn more about specific types of theft and property crimes, visit the links at the top of the page.
If the value of the allegedly stolen material is valued at less than $1,000, the larceny charge will be a Class 1 Misdemeanor Larceny. If the value of the material is valued at $1,000 or higher, the charge will be a Class H Felony Larceny. A legal consultation can help you understand what charges you face.
1. "Theft" is actually referred to as "larceny." Our state's criminal statutes don't actually make a reference to theft. Instead, North Carolina refers to larceny as the crime. So someone allegedly commits larceny in North Carolina if they steal or take and carry away "any chattel, property, money, valuable security or other thing whatsoever with the intention to permanently keep it." That's a pretty broad definition.
2. The law does state certain offenses for which you can be accused of larceny. These offenses include, but are not limited to:
Trespassing occurs when you are on someone else's property without their permission in defiance of a sign prohibiting persons on that property or having been told to stay off that property. Generally speaking, trespassing is a misdemeanor but jail time is still possible (depending on the facts and circumstances of the case).
This definition is the unlawful break or enter of the dwelling house of another while that residence is occupied by its owner or authorized person. There are two degrees of burglary:
1. If the break and entry occurs at night-time, in a place that a person uses as their sleeping quarters, and the entry is made with the intention to commit a felony therein, the offense is a class D felony, carrying with it a possible maximum sentence of 204 months in prison.
2. A lesser offense of burglary, known as SECOND DEGREE burglary, differs from first degree burglary in that the unlawful breaking and entry occurs during daylight hours. It is a class G felony which carries a maximum possible penalty of 31 to 50 months in prison.
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