Arrested or Charged with Misdemeanor Larceny (G.S. 14-72) in North Carolina?
Being charged with misdemeanor larceny under G.S. 14-72 in North Carolina doesn’t automatically mean you’ll be convicted, but it’s a situation that deserves serious attention.
Whether the accusation involves shoplifting, a workplace incident, or another scenario, it’s important to understand what the charge means, what the state must prove, and what your options are moving forward. This charge can carry lasting consequences, but there may be ways to resolve the case without a conviction or permanent mark on your record.
Misdemeanor Larceny Under North Carolina Law
Under North Carolina General Statute § 14-72, larceny means taking someone else’s property without their permission, and with no intention of giving it back. What most people don’t realize is how quickly this can become a serious issue. Whether it’s treated as a misdemeanor or a felony usually depends on the value of the property stolen and the details surrounding the alleged offense.
Misdemeanor vs. Felony Larceny
In most cases, you’re looking at misdemeanor larceny if:
- The value of the property is $1,000 or less
- There was no breaking and entering
- The item wasn’t taken directly from someone’s body or person
- The property wasn’t a firearm, explosive, or another specially protected item
Once the property’s worth crosses that $1,000 mark—or if any of those other factors apply—the charge can jump to felony larceny, no matter the circumstances.
Other Charges That Often Come With Larceny
Larceny charges in North Carolina don’t always come alone. It’s common for people to also face related charges like:
- Possessing stolen goods or receiving stolen goods
- Shoplifting, which is also considered larceny under North Carolina law
- Breaking and entering
- Obtaining property by false pretenses
These added offenses raise the stakes. The more charges involved, the more complex your situation becomes—and the more important it is to build a strong, targeted defense.
Potential Penalties for Misdemeanor Larceny in North Carolina
In North Carolina, most misdemeanor larceny cases fall under a Class 1 misdemeanor, which is the most serious category of misdemeanors in the state. A conviction carries real consequences, including:
- Up to 120 days in jail
- Fines (set at the judge’s discretion)
- Probation with strict conditions
- Restitution to the victim
- Required community service
If it’s your first time facing larceny charges, there’s a chance the court will lean toward probation instead of jail. But if you’ve been convicted before, especially for another criminal offense, the risk of jail time rises fast.
Habitual Larceny
If someone has four or more prior larceny convictions and picks up another larceny charge—even one that would normally be a misdemeanor—the law treats it as habitual larceny. That’s a Class H felony, which can bring:
- A prison sentence ranging from 4 to 25 months
- Higher fines
- Longer, more restrictive probation
- Harsher consequences that can affect jobs, housing, and more
On top of that, a second offense committed within three years, especially in a shoplifting case, can lead to enhanced penalties and fewer options in court.
Defense Strategies for Misdemeanor Larceny Charges
Being charged with misdemeanor larceny is serious, but that doesn’t mean it’s a done deal. There are several proven defense strategies that can make a real difference, depending on the facts of your case. Here’s how we approach it:
Challenging Intent
Under North Carolina criminal law, larceny requires proof that you intended to permanently take someone else’s property. But not every situation fits that mold. Maybe there was a misunderstanding. Maybe you thought you had permission, or planned to return the item. If there was no intent, there’s no larceny offense.
Contesting the Value of the Property
One of the most important lines in the sand is the $1,000 threshold—it determines whether you’re facing a misdemeanor or felony larceny charge. We often challenge how the prosecution values the property, especially when they rely on inflated replacement costs instead of fair market value. Getting that number below $1,000 can change everything.
Suppressing Illegally Obtained Evidence
If law enforcement violated your rights during a search or seizure, we’ll fight to have that evidence thrown out. We dig into questions like:
- Did officers have probable cause?
- Was a proper search warrant issued and followed?
- Were your Miranda rights respected before questioning?
When the police cut corners, any evidence they collect could be ruled inadmissible.
Mistaken Identity and Alibi Defenses
If you weren’t there, we’ll prove it. Larceny charges often rely on shaky eyewitness accounts or poor-quality surveillance footage. We use alibi evidence, review the store’s camera footage, and break down inconsistencies in the case to show the defendant was misidentified.
Every criminal defense case is different. The key is getting in early, knowing the law, and building a strategy that works for you.
The Value of Experienced Criminal Defense Representation
Trying to handle larceny charges without a skilled criminal defense attorney puts you at a real disadvantage. These cases are rarely straightforward, and what you don’t know can hurt you.
Here’s how experienced legal representation can change the outcome:
- Thorough case review that identifies strengths, weaknesses, and possible defenses
- Scrutiny of the evidence for any signs of constitutional violations, like illegal searches or improper questioning
- Credibility and negotiation power with prosecutors who know your attorney has a track record
- Insight into diversion programs—what’s available, and who qualifies
- Trial experience to take your case to court if a fair deal isn’t offered
We know the system, and we know how to protect you inside it.
Talk to a Criminal Defense Attorney Who Knows North Carolina Larceny Law
At McMinn, Logan & Gray, we defend people facing larceny charges throughout North Carolina, including in Wake County, Durham, and nearby communities. Whether it’s misdemeanor larceny under G.S. 14-72, receiving stolen goods, or possession of stolen property, our team builds focused, aggressive defenses aimed at getting results.
Don’t wait. If you’re facing criminal charges related to theft or larceny in North Carolina, contact us for a confidential consultation. The earlier we get involved, the more options we may have to protect your future.