Larceny, also known as theft, is a criminal act of taking someone else’s property without their consent with the intention of depriving the owner of that property. North Carolina divides larceny into two categories: misdemeanors and felonies. In both cases, there are consequences, and you need the services of a North Carolina criminal defense lawyer.
However, when someone commits four or more larcenies, North Carolina considers them a habitual offender. In this blog post, we will answer the question, what is habitual larceny in NC?
Misdemeanor and Felony Larceny
North Carolina law G.S. 14–72 lays out misdemeanor and felony larceny laws. Generally, the difference between the two is the amount of stolen goods. If the amount of stolen goods is less than $1,000, the larceny will be considered a misdemeanor. If the amount of stolen goods is more than $1,000, then it is considered felony larceny.
However, an offender who robs a person, commits burglary, or steals an explosive device or a gun will be charged with felony larceny, even if the amount stolen was less than $1,000
Habitual Larceny in NC
North Carolina’s “habitual felon” law says that any person convicted of three felony offenses in state or federal court (or a combination of the two) is deemed a habitual felon. However, G.S. 14–72 states that if a person is convicted of four or more larceny convictions, felonies, or misdemeanors, they are considered habitual.
Habitual larceny is punishable as a Class H felony, which carries a maximum sentence of 39 months in prison.
Sentencing For Habitual Larceny in NC
Sentencing for any habitual offender is complex and depends on a number of factors, including the number of felonies already on the person’s record, whether they were violent or non-violent, or misdemeanors or felonies. Sentencing guidelines are complex and arduous. However, there are a few factors to keep in mind.
North Carolina has a classification system for felonies, ranked from A to I. Class A felonies are the most heinous, and Class I felonies are the least serious. Felony larceny is considered a Class H felony, which has a standard sentencing of 5 to 20 months of incarceration, with a maximum of 3 years. Misdemeanor larceny lands in class 1 of misdemeanors.
If an offender is convicted of habitual larceny, the sentence can be bumped up four notches on the felony classification system. This is a Class D felony with a standard sentence of 4 to 10 years in prison and a maximum sentence of 17 years.
Contact The NC Habitual Larceny Attorneys at Greenwood Law Today
People make mistakes. At Greenwood Law, we understand that. However, you may have made more than your fair share of mistakes and could become classified as a habitual offender. At Greenwood Law, you are not just a case number. Your case is unique, and you won’t be treated like every other client. Our founding attorney, Dylan W. Greenwood, has been involved in thousands of cases and will fight for your rights from the beginning of your case to the end. Call us today or contact us online for a confidential consultation about how we can get to work on your case now.