Larceny And Embezzlement Theft Crimes Defense In North Carolina

There are many types of larceny and embezzlement charges that range from a minor class 2 misdemeanor shoplifting to a serious class C felony embezzlement.

Misdemeanors include shoplifting and larceny under $1000, while felonies include larceny of a firearm, larceny by removing an anti-theft device, larceny over $1000, larceny by employee, larceny of a dog, larceny after breaking and entering, habitual larceny, and embezzlement both below and above $100,000.

Below, is a break down of some of the more common larceny and embezzlement offenses, as well as actual copies of the jury instructions so you know what a prosecutor would need to prove beyond a reasonable doubt in your case.

Knowing what the prosecutor needs to prove can help you and your criminal defense attorney go over what the possible defenses are.

Larceny Offenses

There are several types of larceny charges, but most of them involve the basic elements that are included in misdemeanor larceny.

Below is an abbreviated version of the most commonly used larceny statute. Many of the common defenses to larceny include insufficient evidence on identity, a lack of intent to permanently deprive the owner, or proof that the defendant obtained the item lawfully. Most of the felony versions of larceny simply add an additional element such as the item(s) being worth $1,000 or more, removing an anti-theft device, stealing something that is actually on or about someone else, stealing a gun or a dog, committing a larceny after a breaking and entering, or committing a larceny by a defendant who has four prior larceny convictions.

§ 14-72.  Larceny of property; receiving stolen goods or possessing stolen goods.

(a)       Larceny of goods of the value of more than one thousand dollars ($1,000) is a Class H felony. The receiving or possessing of stolen goods of the value of more than one thousand dollars ($1,000) while knowing or having reasonable grounds to believe that the goods are stolen is a Class H felony. Larceny as provided in subsection (b) of this section is a Class H felony. Receiving or possession of stolen goods as provided in subsection (c) of this section is a Class H felony. Except as provided in subsections (b) and (c) of this section, larceny of property, or the receiving or possession of stolen goods knowing or having reasonable grounds to believe them to be stolen, where the value of the property or goods is not more than one thousand dollars ($1,000), is a Class 1 misdemeanor. In all cases of doubt, the jury shall, in the verdict, fix the value of the property stolen.

(b)       The crime of larceny is a felony, without regard to the value of the property in question, if the larceny is any of the following:

(1)        From the person… (4)  of any firearm…. (6) committed after the defendant has been convicted in this State or in another jurisdiction for any offense of larceny under this section, or any offense deemed or punishable as larceny under this section, or of any substantially similar offense in any other jurisdiction, regardless of whether the prior convictions were misdemeanors, felonies, or a combination thereof, at least four times.

Embezzlement

This charge is often confused with the larceny by employee charge above, but the difference here is that this crime must be committed by a person who has a special position within a business or government agency. Typically this person is someone who has a fiduciary duty to an entity and by virtue of that position is better able to convert or misapply funds to their own use. These cases can get very fact-specific and often involve sorting through a paper trail (or lack thereof) that accounts for any income and expenditures.

Though these cases can get complicated, our Greensboro criminal attorneys lots of experience defending these cases at trial.

§ 14-90.  Embezzlement of property received by virtue of office or employment.

(a)        This section shall apply to any person: (1) exercising a public trust, (2) holding a public office, (3) who is a guardian, administrator, executor, trustee, or any receiver, or any other fiduciary, including, but not limited to, a settlement agent, as defined in G.S. 45A-3, or (4) who is an officer or agent of a corporation, or any agent, consignee, clerk, bailee or servant, except persons under the age of 16 years, of any person.

(b)        Any person who shall: (1) Embezzle or fraudulently or knowingly and willfully misapply or convert to his own use, or (2) take, make away with or secrete, with intent to embezzle or fraudulently or knowingly and willfully misapply or convert to his own use,

any money, goods or other chattels, bank note, check or order for the payment of money issued by or drawn on any bank or other corporation, or any treasury warrant, treasury note, bond or obligation for the payment of money issued by the United States or by any state, or any other valuable security whatsoever that (i) belongs to any other person or corporation, unincorporated association or organization or (ii) are closing funds as defined in G.S. 45A-3, which shall have come into his possession or under his care, shall be guilty of a felony.

(c)        If the value of the property described in subsection (b) of this section is one hundred thousand dollars ($100,000) or more, the person is guilty of a Class C felony. If the value of the property is less than one hundred thousand dollars ($100,000), the person is guilty of a Class H felony.