The severity of theft charges is usually based on the value of the property. You may have no idea what charges you may face until the prosecutor places a value on the property that was allegedly taken. North Carolina classifies its charges as follows:
- Misdemeanor larceny is when the property taken is valued at under $1,000.
- Felony larceny is when the property allegedly taken is valued at over $1,000 or property below that amount is taken through robbery or burglary.
- Misdemeanor possession of stolen goods is when the property possessed is worth less than $1,000.
- Felony possession of stolen goods is when the property is valued at over $1,000 or when the property was taken by burglary or robbery.
- Concealment of merchandise is when the shopper is apprehended for shoplifting before they leave the store. A first offense could lead to a suspended jail sentence.
Misdemeanor larceny can still result in a jail sentence of up to 45 days. The penalty may depend on whether you have a prior criminal record. Even if the jail sentence does not seem long, theft charges are viewed as a crime of dishonesty, and they can have a wide variety of impacts elsewhere in your life, including on your ability to find a job and your immigration status. Larceny may be a crime of moral turpitude that could lead to deportation.
One major penalty that you can be hit with, besides jail time and restitution, is forfeiture of any property that was used in the crime if the property is worth more than $2,000. Most often, this penalty gives law enforcement the legal right to seize your car.
The penalty can escalate significantly for felony larceny. The crime is classified as a Class H felony with a jail sentence between 4-8 months. Under North Carolina Sentencing Guidelines, the presumptive sentence is 5-6 months. If you are unsure what penalties may apply to your theft charge, schedule a case evaluation with a Winston-Salem attorney.
