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... 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