Eleanor Finch
Shoplifting is a common offense in North Carolina, and the penalties can be severe. The state divides shoplifting into two categories: concealment of merchandise and larceny of goods. The difference between the two is the location of the defendant when apprehended. If the shoplifter is caught in the store, they will be charged with concealment of merchandise. If they leave the premises, they will be charged with larceny of goods. In general, larceny of goods is considered a more serious charge. The class of crime that larceny falls into depends on several factors, including the value of the items taken, how they were removed, and the nature of the items.
| Characteristics | Values |
|---|---|
| Shoplifting charge when caught in the store | Concealment of Merchandise |
| Shoplifting charge when caught off the store premises | Larceny of Goods |
| Larceny of Goods charge when the value of goods exceeds | Class H Felony |
| Larceny of Goods charge when the value of goods is $1,000 or less | Class 1 Misdemeanor |
| Maximum sentence for Class H Felony | 39 months |
| Maximum sentence for Class 1 Misdemeanor | 120 days |
| Shoplifting charge when the merchandise is valued at less than $1,000 | Misdemeanor |
| Shoplifting charge when the merchandise is valued at more than $1,000 | Felony |
| Shoplifting charge when the merchandise is valued at more than $20,000 | Class G Felony |
| Shoplifting charge when the merchandise is valued at more than $200 and the shoplifter used an emergency exit door to leave the store | Class H Felony |
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What You'll Learn
Shoplifting $1,000+ is a felony
Shoplifting is a common offence in North Carolina, but the law does not use the term 'shoplifting'. Instead, it is covered by the state's larceny laws, which criminalise the unlawful taking and carrying away of another's property. Shoplifting is, therefore, classed as larceny of goods.
North Carolina divides shoplifting into two broad categories: concealment of merchandise and larceny of goods. The primary difference is where the defendant is apprehended. If the shoplifter is caught in the store, they will be charged with concealment of merchandise. If they leave the store, they will be charged with larceny of goods.
Larceny of goods is a more serious charge than concealment of merchandise, as the shoplifter will have removed the items from the store. The class of crime that larceny falls into depends on several factors, including the value of the items taken, how they were removed, and the nature of the items themselves.
As a general rule, if the value of the goods taken exceeds $1,000, the crime is considered a Class H felony. If the value is $1,000 or less, the crime is considered a Class 1 misdemeanour. The difference between these two categories is stark: a Class H felony can result in a maximum sentence of 39 months, whereas a Class 1 misdemeanour has a maximum sentence of 120 days.
However, value is not the only factor that determines whether the crime may be charged as a felony or misdemeanour. Shoplifting goods valued at less than $1,000 can sometimes be considered a felony. For example, if the property taken is a firearm, explosive device, or incendiary device, or if the property is taken directly from a person. Additionally, a person with four or more prior larceny or shoplifting convictions will face a felony even if the items taken are well below $1,000.
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Shoplifting firearms or explosives is a felony
In North Carolina, shoplifting is typically classified as a felony when the value of the stolen goods exceeds $1,000. However, there are exceptions to this rule, and shoplifting certain items can result in felony charges even if the value of the merchandise is less than $1,000.
The classification of the crime as a felony is based on the nature of the items themselves, as firearms and explosives are considered inherently dangerous. The state recognises that the theft of such items poses a significant threat to public safety and security.
In North Carolina, stealing a firearm or explosive device is classified as a Class H felony. This carries a potential prison sentence of up to 39 months, which is a significant penalty. This sentence can be influenced by the offender's criminal history and other factors.
It is important to note that the consequences of a shoplifting charge, whether felony or misdemeanour, can be severe and far-reaching. Offenders may face jail time, fines, and a permanent criminal record, which can impact their housing, education, career opportunities, and social relationships. Therefore, it is crucial to take any shoplifting charges seriously and seek legal counsel as soon as possible.
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Shoplifting from a person is a felony
In North Carolina, shoplifting is considered a form of larceny, which is the unlawful taking and carrying away of someone else's property with the intent to permanently deprive the owner of its use. The state divides shoplifting into two broad categories: concealment of merchandise and larceny of goods. The primary difference between the two is the location of the defendant when apprehended. If the shoplifter is caught while still in the store or on the premises, they will usually be charged with concealment of merchandise. If the shoplifter leaves the premises, they will be charged with larceny of goods.
The penalties for concealment of merchandise are generally less severe than those for larceny of goods. This is because a person charged with concealing merchandise is usually apprehended before they have "carried away" the merchandise, which is a requirement for larceny. However, a second conviction of concealment of goods or altering price tags within three years is a Class 2 misdemeanour, which can carry a sentence of up to 30 days in jail. A third offence can result in a Class 2 misdemeanour conviction with a possible sentence of up to 45 days in jail.
The class of crime that larceny falls into depends on several factors, including the value of the items taken, the manner in which they were removed, and the nature of the items themselves. As a general rule, if the value of the goods taken exceeds $1,000, the crime is considered a Class H felony, punishable by up to 39 months in prison. If the value is $1,000 or less, the crime is considered a Class 1 misdemeanour, punishable by up to 120 days in jail. However, there are exceptions to these thresholds.
Shoplifting from a person is considered a felony in North Carolina, even if the property is worth less than $1,000. Other situations that constitute a felony, regardless of the value of the property, include:
- The property taken is a firearm, explosive device, or incendiary device.
- The person has four or more prior larceny or shoplifting charges.
- A tool is used to prevent the activation of an anti-theft device.
In addition to criminal penalties, shoplifters in North Carolina may be held civilly liable to the merchant for damages, including the value of the merchandise stolen, punitive damages, and compensation for attorney fees. A shoplifting charge can also result in a permanent criminal record, negatively impacting future employment, housing, and other opportunities.
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Repeat shoplifting offences are felonies
Shoplifting is a common offence in North Carolina, and the state categorises these crimes according to the value of the property taken. The determining value amount is $1,000. Shoplifting goods valued at less than $1,000 will often be considered a misdemeanour, while shoplifting goods valued at over $1,000 will usually be considered a felony. However, repeat shoplifting offences are felonies, even if the items taken are well below $1,000.
North Carolina divides shoplifting into two broad categories: concealment of merchandise and larceny of goods. The primary difference between the two is the location of the defendant when apprehended. If the shoplifter is caught while still in the store or somewhere on the store premises, they will usually be charged with concealment of merchandise. If the shoplifter leaves the store premises, they will be charged with larceny of goods.
Larceny of goods is a more serious charge than concealment of merchandise since the shoplifter will generally have removed the items from the store and walked or driven away from the premises. The class of crime that the larceny falls into depends on a number of factors, including the value of the items taken, the manner in which they were removed, and the nature of the items themselves.
As a general rule, if the value of the goods taken exceeds $1,000, the crime is considered a Class H felony, which can result in a maximum sentence of 39 months. If the value is $1,000 or less, the crime is considered a Class 1 misdemeanour, with a maximum sentence of 120 days. However, there are exceptions to these value-based guidelines.
The severe impact of a shoplifting charge means that individuals facing such charges should speak with an experienced attorney right away. A conviction can result in criminal penalties that can include jail time, fines, restitution, and a permanent criminal record that can negatively affect one's life for the long term.
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Shoplifting under $1,000 is a misdemeanour
In North Carolina, shoplifting is prosecuted under the state's larceny laws. Shoplifting is considered larceny of goods, which is committed when a person takes property without the owner's consent and with the intention of permanently depriving the owner of that property. Shoplifting is divided into two broad categories: concealment of merchandise and larceny of goods. The primary difference between the two is the location of the defendant when apprehended. If the shoplifter is caught in the store, they will be charged with concealment of merchandise. If the shoplifter leaves the store premises, they will be charged with larceny of goods.
The penalties for concealment of merchandise are generally less severe than the penalties for larceny of goods. This is because a person charged with concealing merchandise is usually apprehended before they have "carried away" the merchandise, which is a requirement for larceny. A first offence of concealment of goods is a Class 3 misdemeanour, with a possible sentence of community service or one to ten days in jail.
It's important to note that there are exceptions to this rule. Shoplifting goods valued at less than $1,000 can still be considered a felony in certain situations. For example, if the property taken is a firearm, explosive device, or incendiary device, or if the property was taken directly from a person. Additionally, a person with four or more prior larceny or shoplifting charges will face a felony even if the items taken are below $1,000 in value.
In North Carolina, a conviction for either a misdemeanour or felony shoplifting charge can result in serious penalties, including jail time, fines, restitution, and a permanent criminal record that can negatively impact various aspects of life, such as future employment and housing opportunities.
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Frequently asked questions
Shoplifting is considered a felony in North Carolina if the value of the stolen goods exceeds $1,000. If the value is $1,000 or less, the crime is considered a Class 1 misdemeanour.
A misdemeanour shoplifting conviction can result in a jail sentence of up to 120 days and a permanent criminal record.
A felony shoplifting conviction can result in a jail sentence of up to 39 months and a permanent criminal record.
Shoplifting can be charged as a felony in North Carolina if the stolen property is a firearm, explosive device, or incendiary device, regardless of its monetary value. Additionally, if the property is taken directly from a person or if the offender has four or more prior larceny or shoplifting convictions, it will be considered a felony.
Both misdemeanour and felony shoplifting convictions can result in serious consequences, including jail time and a permanent criminal record. However, felony convictions typically carry longer jail sentences and can have more severe long-term impacts on areas such as employment and housing opportunities.
