These individuals feel their actions are minor, and if caught, will face minor punishment. With this change in the law, a Defendant can quickly go from a few petty charges to a Felony conviction
Raleigh, NC (PRWEB) January 28, 2013
The Matheson Law Office strives to keep the public abreast of all changes and/or additions to the North Carolina Criminal Code. Serving as a Wake County Criminal Defense Law Firm, the Matheson Law Office must be aware of all changes to the criminal laws of North Carolina. Recently, the Legislator made an addition to the Felony Larceny North Carolina law. In order to best support their clients, as well as serve the public at large, the Matheson Law Office provides this release to help serve North Carolina residents.
North Carolina has several different circumstances for when a Defendant would face a Felony Larceny Charge under General Statute 14-72, as oppose to the Misdemeanor Larceny North Carolina Charge under the same statute. The most common Felony Larceny charge occurs when the Defendant steals or otherwise takes the property of another where the value of that property is in excess of $1000. Larceny of property valued less then $1000 is considered a Misdemeanor in North Carolina.
Additionally, under certain circumstances, a Defendant can face a Felony Larceny charge regardless of the value of the item taken. Those circumstances which can cause a Misdemeanor Larceny charge to instead be a Felony charge include: Larceny from a person, Larceny involved with the Breaking or Entering and/or burglary of a structure, Larceny of a firearm, Larceny of explosives or incendiary device and Larceny of papers from the North Carolina State Archives.
In addition the North Carolina General Assembly Statute 14-72 has added section (b), subsection 6 which deals with Defendants with prior Larceny charges which can be seen at the General Assembly website. Under this addition, when a Defendant has previously been convicted of Larceny four times, then any future Larceny charges are treated as a Felony, even if they otherwise would have been a Misdemeanor. These prior Larceny charges include prior Misdemeanor or Felony Larceny charges, as well as the equivalent of NC Larceny charges in other States. However, a conviction including several counts of Larceny in District Court or within one week in Superior Court will only count as a single conviction under the addition to the statute.
"Larceny is a very common charge that I handle in my practice." Raleigh Criminal Attorney M. Moseley Matheson stated. "In most instances, people face these charges when they are shoplifting or taking property from empty homes or properties. These individuals feel their actions are minor, and if caught, will face minor punishment. With this change in the law, a Defendant can quickly go from a few petty charges to a Felony conviction."
Under the Larceny Statute, a Misdemeanor charge of Larceny is considered a Class 1 Misdemeanor. A class 1 Misdemeanor can carry up to 120 days in jail depending on the Defendant's prior record level. However, any Felony charge of Larceny is a Class H Felony for sentencing purposes. Class H Felonies can carry with them up to 30 months in jail, again depending on the Defendant's prior record level. Obviously, there is a substantial difference between being convicted of a Misdemeanor Larceny Charge compared to a Felony Larceny Charge North Carolina. Where a Misdemeanor conviction can carry with it minor time and perhaps some probation, a Felony conviction will likely carry with it serious time and extended supervised probation.
"What concerns me most is the petty crimes of an individual, which cause no personal physical harm to any individuals but rather just deprives them of property, can quickly lead to a felony conviction." Raleigh DUI Lawyer M. Moseley Matheson stated. "Beyond the sentencing that comes with a Felony conviction, there are other ramifications, including losing the right to vote, own a weapon and of course being labeled a 'Felon' for the rest of the individual's life. Obviously I do not mean to down play the crime of Larceny, it is serious and should be treated as such, but those that don't know better can quickly go from another misdemeanor conviction on their record to a felony conviction and some serious time."
If you have been charged with Larceny or any other traffic or criminal matter in Wake County, contact the Matheson Law Office for your free consultation at 919-335-5291. Through Raleigh Criminal Attorney M. Moseley Matheson, they have helped hundreds of clients with these and other types of criminal charges in Wake County.