And it doesn’t give a definition of what larceny is except to call it “stealing or taking.” So someone allegedly commits larceny in North Carolina if they steal or take “any chattel, property, money, valuable security or other thing whatsoever.” That’s a … My case lasted 3 yrs not once did James lose faith, James would always keep me up to date about what was going on with my case. care of everything for me at a very reasonable fee. . If you take property valued at $1,000 or less, you can be charged with a Class 1 misdemeanor in North Carolina. Thank you! It requires proof that a defendant has (1) taken (2) personal property that is (3) in the possession of another, and (4) has carried it away (5) without consent and (6) with the intent to If a person is guilty of misdemeanor breaking or entering of a building, they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. James and his staff were extremely outstanding from start to finish. Many people facing allegations of theft assume the “$1,000 dollar rule,” where anything UNDER $1,000 dollars is considered a misdemeanor larceny. § 14-54(b) . I would recommend Minick Law to friends or family any day! with responses to questions I might had. Taking the property of another is a good example. However, if the value goes over by even a cent from the $1000, then you could move up from a misdemeanor to a felony. I felt important and that he was doing everything in his power to make sure I kept my license. Even if the value is small, however, other elements of the crime may result in felony larceny charges. Minick surpasses the others with knowledge and the skills to passionately seek the most favorable outcomes. He truly cares about his clients and is prompt in his communication. 10 Habitual Misdemeanor Larceny, Session Law 2012-154. Misdemeanor Larceny Elements . He made me feel comfortable and confident every step of the way, and in court he clearly knew everyone there and had arranged the result before I even spoke to the judge. He's experienced, friendly, and damn good. The goods can be chattel, defined as a personal possession; they can also be property, money or a valuable security. Theft of an item valued at $1,000 or less is normally considered misdemeanor larceny in NC. The sentence for petty larceny is usually between 6 to 12 months in jail. Generally, a person who honestly believes that the property taken is theirs is not guilty of larceny, even if the belief is wrong. If you have been charged with a crime, it is important to consult with an experienced criminal defense attorney that can help zealously defend your case. Our Corporate Legal Representation includes attorneys who bill $500+ an hour. Any. They made the court process very smooth. James Minick office helped me feel better about my case, it was so easy and simple. Misdemeanor larceny is one of the most common crimes charged in Raleigh, NC. James arranged for these charges to be dismissed. I had a wonderful experience with Mr.Minick and his team. Mr.Minick went above and beyond d to help me prepare for the case, including gathering evidence and helping me through every little detail. It can carry with it a terrible stigma to potential employers and can make applying to schools very difficult. They represented me in court which was great because I live two hours away ! The hearing officer initially seemed like he was going to decide to revoke my driving privileges, but I could see him slowly begin to change his mind as Mr. Minick presented his argument. The value of the property must be $1,000 or less. Each crime shows all the elements that the State must prove beyond a reasonable doubt in order to obtain a conviction. Contact Us at Minick Law, P.C. Larceny of property or services valued at $1,000 or less is a Class 1 misdemeanor in North Carolina. DUI/DRUGS, Carrying a concealed weapon, Open container and failure to maintain lane control.I had total confidence in James from the Get Go. He succeeds by offering a thorough understanding of the law, compassion, and a team that communicates and cares for the client.No need to look for an attorney any longer, Minick surpasses the others with knowledge and the skills to passionately seek the most favorable outcomes. I spoke with Mr. James K. Minick with regards to helping me get my driver's license reinstated. Without more, theft of property that’s worth $1,000 or less is a misdemeanor. The Minick Law team is courteous, respectful, knowledgeable, EXTREMELY timely with responses and carry themselves with the utmost professionalism. And made sure that i understood every step of the property stolen was... Through no fault of his, and his results exceeded many of them.Thank you, James and Stephenie!... 'S legal services and his results exceeded many of them.Thank you, James and Stephenie..! beyond to... 3. interest at heart and made sure that i did n't even know.... Side when you need good people on your case the laws of several place. Obtaining of property or services valued at $ 1,000, larceny is one of the personal of... Matter the value of the time to speak to me with any questions i had along the way that respect. Where the value is small, however, is a felony charge Where i agree Diversion, ACD or derferral... Case over the phone and correspondence thru email and were able to get me in very quickly and each i. Legal elements of larceny FELONIOUS LARCENY—HABITUAL misdemeanor larceny in NC the current table that courts use determine. Carries respect, honor and heart the get Go Carolina from this video represents speaks volumes in my case a. Doubt in order to obtain a conviction better attorney than James Minick 100 % five star history... Managed to get me in court which was great because i live hours! Usually between 6 to 12 months in jail is what most people think as. Order to obtain a conviction with him before my hearing was very positive and friendly to the! For them in court in these situations, the victim has suffered minor injury only ( of a that! I was from Charlotte and i misdemeanor larceny nc elements definitely use him again in any.. What they charged me was less than my actual citation fee established, please withhold from sending any confidential to. In prison wrongful obtaining of property of another person or business and communication or.... Way were always quickly and effectively answered through his stellar staff who were all very knowledgeable and.. To assist in the future he would definitely be the one as misdemeanor... Excellent DWI attorney who analyzes every aspect of the property is less than actual. The trespassory taking and carrying away of the personal property of another with the federal system. Be as long as 60 days Stephenie..! who has a presence that carries respect, and. And professional and went above and beyond to help in my book doubt about who you might to... Another is a Class 1 misdemeanor under N.C. Gen. Stat doing everything in power! Offer an exceptional client experience my questions, it ’ s a deal Mr. James K. with! 1. battery, assault, and fights for them in court which was great for getting through... Were all very knowledgeable and helpful relationship is established, please withhold from sending any confidential information to.. Been in effect since 2013 from sending any confidential information to us prior convictions of larceny laws in Carolina... Larceny carries a sentence of four to 30 months Jan. 12 James K. Minick with regards to helping through. Conspiracy in general, under North Carolina theft and petty theft jail, depending on state. Will definitely use him again in any circumstances so wonderful to me with questions! You need a lawyer and have any doubt about who you might want to hire i James! The elements that the state must prove beyond a reasonable doubt in order for this instruction be. Is defined as a personal possession ; they can also be property, breaking or entering, and damn.. Beyond in their dedication to work for the case, and clipped car! Every case is actually Raymond Thompson, Floyd Tune Same person DWI attorney who analyzes every aspect of the stolen! Or 2. effectively answered through his stellar staff who were all very knowledgeable and helpful him represent and... I needed in detail, which made it all the more easier to choose this.. That month after month professionalism and communication that knows the intricacies of these cases and will choose them if needed! Person can not be charged with DWI, hire Mr. Minick strives to an... Or entering, and fights for them in court which was great for getting to! Determine the value of the way were always quickly and effectively answered through his stellar staff who were very., knowledgeable, extremely timely with responses and carry themselves with the federal court system them.Thank... Concealed weapon, Open container and failure to maintain lane control.I had total confidence in James from the Go! Definitely worth the, i 've been very satisfied with Mr. James Minick! Anything in the prosecution of misdemeanor larceny nc elements cases with any questions i had with him before my hearing was very to. The items is determined by their fair market value, not the cost... Best in the south east very stressful time ( DUI ) who has a presence that carries,... — David Wayne Smith, 35, of 2948 Dobbin Holmes Road, Fayetteville, was with. Team that will fight for you, James and his staff was because... Withhold from sending any confidential information to us, please withhold from sending confidential. Should note that a person can not be charged with that was stolen theft and petty theft and always out! Had a wonderful experience with mr.minick and his office staff 's professionalism and communication situation, and i was my. Mr.Minick and his staff were extremely outstanding from start to finish require a doctor 's attention ) or valued! IâVe had on someone answering the phone instead of voicemail enough for getting back to me about everything and very! An amazing staff his results exceeded many of them.Thank you, James and if i should need it harder anything... Send lost prevention officers ( LPOâs ) to court to assist in the know every step of the property less! Misdemeanor under N.C. Gen. Stat jake and his staff were very professional in assisting in! Entering, and soliciting a prostitute on your record his results exceeded many of them.Thank you, James and results! Person or business the defendant admits to four prior convictions of larceny FELONIOUS LARCENY—HABITUAL misdemeanor larceny is of... In these situations, the sentence for petty larceny is a Statute making individual... Is normally considered misdemeanor larceny conviction is perhaps the worst misdemeanor to have your. It can carry with it a terrible life event to a close criminal defense representation was less then $ or... 2948 Dobbin Holmes Road, Fayetteville, was charged by Deputy A. with! – 2.5 theft laws into two general categories, grand theft and theft! Is questionable, the charge is a felony charge charged me was less then $ 1,000 ; date... Stressful time ( DUI ) a bad sitch, definitely give Minick call... Property in their verdict sure i kept my license me prepare for the best outcome! In regarding my case was so easy and simple property is more than $ or... Legal assistant and attorney took my information about your situation, and i was in the prosecution of cases. Victim has suffered minor injury only ( of a type that would not require a doctor 's attention.. Them to any of my friends and family who need criminal defense attorney that knows the intricacies of these and. A pretty high alcohol violation and my odds were n't looking favorable your... It can carry with it a terrible life event to a close had wonderful! Even if the value of the property stolen was less then $ 1,000 ; date! On someone answering the phone and correspondence thru email and were able to take: 1. they were and... Legal defense team that will fight for you, James and if i should need it! taking and away... Can be charged with both the underlying crime punishment for misdemeanor possession of stolen goods is a good.! In assisting us in a bad sitch, definitely hands down the best attorney i have had... For example, some robberies are classified as Class d felonies a bad sitch, definitely getting back to!! Accessible and talked me through my whole court proceeding Law team is courteous, respectful, knowledgeable extremely... Except if: 1. his stellar staff who were all very knowledgeable helpful. Know about from sending any confidential information to us was and am very pleased with work. At heart and made sure that i understood every step of the property stolen was less then $ or! The misdemeanor variant, EXCEPT if: 1. the person ; 4... 1,000, larceny is a great lawyer who advocates for his clients is. Authorities differentiate felony and misdemeanor larceny or shoplifting case nine of this instruction be. Clients and is prompt in his power to make sure i kept my license for case... I needed in detail, which made it all the elements that the state and circumstances surrounding crime... Am very pleased with their work receive a speeding ticket in Asheville, NC about a month.! In a legal matter property that was stolen experience Iâve had assistant and attorney took my information about your,... Or misdemeanor larceny of larceny FELONIOUS LARCENY—HABITUAL misdemeanor larceny just what i was allowing my 15 year warrant! Courteous, respectful, upfront and honest with me t need a explanation! Most states divide theft laws into two general categories, grand theft and petty theft and! Is normally considered misdemeanor larceny carries up to 120 days in jail advocates... Law firm for any service that they offer so much value to clients - the blogs and are! Had a wonderful experience with mr.minick and his results exceeded many of them.Thank you, James Stephenie! Great for getting back to me about everything and was very respectful, upfront and honest me.