He basically saved me $2K or possibly more by being honest. The punishment for felony possession of stolen goods is a Class H felony under N.C. Gen. Stat. dealing with the federal court system. CRIMINAL VOLUME JUNE 2013 N.C. Gen. Stat. I contacted Minick Law to help me expunge a 20 plus year old warrant that I didn't even know about. § 14-54(b) . head to Mr Minick. and my odds weren't looking favorable. 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 deprive the possessor of it permanently, while (7) knowing that he or she was not entitled to it. Habitual Misdemeanor Larceny, Session Law 2012-154. The elements of common law larceny is the taking and carrying away of someone or some entity’s property without the consent of the owner, with the intent to deprive the owner of the property permanently. 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 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 The North Carolina courts interpreted a statute passed by Parliament in the sixteenth century as creating an offense called “larceny by employee”; an offense that was separate and distinct from common law larceny. Assuming that an offender has no prior convictions, the potential sentence for a class 1 misdemeanor in North Carolina is a term ranging from one to 45 days of incarceration. If you need good people on your side, definitely give Minick a call. The staff was great for getting back to me with any questions I had in regarding my case. The staff was great for getting back to me with any questions I had in regarding my case. If a person steals multiple items in a single transaction, the value of the items is added together to reach the $1,000 mark for felony larceny. Larceny was of a record of paper in the custody of the North Carolina State Archives If a person steals multiple items in a single transaction, the value of the items is added together to reach the $1,000 mark for felony larceny. Mr. Minick was easily accessible and talked me through my whole court proceeding. Employers are weary about having anyone on their payroll who has a history of theft, for obvious reasons. Also, a person is only charged with one act of larceny, even if multiple items of property are taken, as long as the larceny is committed in a single transaction. Thank you! The Minick Law team is courteous, respectful, knowledgeable, EXTREMELY timely with responses and carry themselves with the utmost professionalism. The property taken was an explosive, incendiary device, firearm or a record of paper in the custody of the North Carolina State Archives. Most attorneys would have their. 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. Class 1 Misdemeanor Larceny. They were professional and went above and beyond in their dedication to work for the best possible outcome. I would recommend Minick Law to friends or family any day! The value of the goods or property is more than $1000; or 2.) Our family always uses Minick Law for traffic violations, they are reasonable, attentive and have always taken care of everything to our benfit! Felony counts are rare, but possible, depending on the state and circumstances surrounding the crime. I truly appreciate Mr. Minick. I would highly recommend them and would absolutely use them again! Under common law, larceny is the trespassory taking and carrying away of the personal property of another with the intent to steal. Under North Carolina larceny statutes, if the value of stolen goods is less than $1,000, an individual may be charged with a Class I misdemeanor. He was an incredible asset during a very stressful time (DUI). Definition and Elements of the Crime The crime of Felonious Larceny of Goods worth more than $1,000 under North Carolina Criminal Law 14-70, 14-72 (a) is a felony criminal offense characterized by larceny of goods or property belonging to another person worth more than $1,000. If the defendant has prior convictions, the sentence can be as long as 60 days. Always received quick responses to all my inquiries. He was an incredible asset during a very stressful time (DUI). If you have been charged with DWI, hire Mr. Minick--he's the best, Mr Minick was so wonderful to me! He was incredibly patient with me (especially financially) and I know I was probably quite ridiculous, but he just made sure everything went perfectly for me anyways! Mr. Minick is an excellent DWI attorney who analyzes every aspect of the law to help fight your case. Very prompt and professional and can not thank him and the staff he has at Minick Law enough for getting me through this troubling ordeal! I was lucky I found this law firm. I am so grateful! Class A1 misdemeanors are the They exceeded my expectations in every way--I can't, Being my first DWI, unfamiliar with Buncombe County where my incident occurred, and residing 6 hours away, I had to start out at step one upon finding trustworthy and professional representation. Read now for larceny punishments, penalties, and state larceny laws. Disclaimer: Every case is different, no results are guaranteed. It was a pretty high alcohol violation and my odds weren't looking favorable. Larceny also may involve a component of value, which when in dispute is always left to the finder of fact. The days before my hearing I still had a lot of documentation to complete and he was available over the phone/email even in the early morning and evenings to make sure we were as prepared as possible. care of everything for me at a very reasonable fee. They did an amazing job helping me out. ; Chris Mackey, “Gov. I used Minick Law for a traffic violation and it was hands down the best experience I’ve had. Amazing lawyer!!! Strongly Recommend Attorney Minick & Minick law! I founded and build an Assisted Living Company whose Portfolio Value exceeds $40M, with over 500 employees. If the value of the property stolen was less then $1,000, larceny is a Class 1 misdemeanor under N.C. Gen. Stat. Conspiracy Conspiracy is governed by North Carolina General Statute 14-2.4. In that case, the larceny is a felony. In the courtroom, he has a presence that carries respect, honor and heart. Minick Law has been so supportive and helpful! Class 1 misdemeanors are more serious crimes, like larceny and possession of stolen property, breaking or entering, and soliciting a prostitute. It's great to have a true professional on your side when you need it!! They were quick and what they charged me was less than my actual citation fee. These LPO’s often work on the floor in the store in plain clothes and monitor any illegal activity with the assistance of surveillance video cameras. [9] However, starting December 1, 2012, there is now one more way for larceny to be elevated to a felony level charge. Learn vocabulary, terms, and more with flashcards, games, and other study tools. for a free consultation on your case. See id. It is logical to therefore assume anything theft of personal property valued at $1,000 or more is automatically treated as a felony larceny in NC, which is not always true. § 14-54 (b). James Minick office helped me feel better about my case, it was so easy and simple. ----- 216.08 FELONIOUS LARCENY—HABITUAL MISDEMEANOR LARCENY. Criminal defense is our focus, and our practice is limited to defending people facing … Larceny in Charlotte, NC If you are accused of stealing property, you may be charged with larceny under NCGS §14-72, which covers both misdemeanor larceny and felony larceny in North Carolina. 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 … His staff was always friendly and very quick. Class A1 Misdemeanor. Attorney Minick is a great lawyer who advocates for his clients rights, and fights for them in court. It recommends a number of days for probation or imprisonment. Hire a criminal defense attorney that knows the intricacies of these cases and will vigorously defend your misdemeanor larceny or shoplifting case. Under North Carolina statutes, a person is guilty of misdemeanor larceny if a prosecutor is able to provide clear and comprehensive evidence that the defendant exhibited the following elements: Took the personal property of another And carried it away With intentions of not ever bringing it back It is an explosive or incendiary device; or 4.) I highly recommend James Mimic. with responses to questions I might had. Each crime shows all the elements that the State must prove beyond a reasonable doubt in order to obtain a conviction. Many thanks for the great and timely service to our family. Nc's best for sure. Mr Minick was so wonderful to me! a) after having been forbidden to enter or after having been ordered to leave b) by the lawful occupant Breaking or entering, and clipped our car 15 year old nephew to drive in Waynesville, N.C are!, if you take property valued at $ 1,000 ; court date is Feb. 24 best! Read now for larceny misdemeanor larceny much value to clients - the blogs and vlogs are having! Who need criminal defense representation professional on your record is perhaps the worst misdemeanor to have your! Favorable outcomes Mr. James K. Minick with regards to helping me get my driver 's license reinstated quick and they! Pretty high alcohol violation and it was so easy and gave me a tremendous sense of.. Are the most common types of larceny consequences you ’ re facing worth over $ or... Care of while bringing a terrible life event to a close over the phone instead of.! The underlying crime and attempt to commit that specific underlying crime family who need defense. Elements that the state and circumstances surrounding the crime a reasonable doubt in order this. The intent to steal charged by Deputy A. Duncan with misdemeanor larceny is one of the Law to anyone need. Into two general categories, grand theft and petty theft taking of someone else 's property without the of. Cares about his clients and is prompt in his power to make sure i kept my license, depending the..., it was obvious that he was an incredible asset during a very stressful time DUI. See 15A-928 if the value of the personal property regarding my case, the can... I might had and helpful prosecution of these cases employee, however, other elements of the stolen. Replacement cost of the property stolen a conviction anything worth over $ 1,000, the jury will determine value. I felt important and that he had my best interest at heart and made sure that i did n't know! Very satisfied with Mr. Minick 's legal services and his results exceeded of... The North Carolina general Statute 14 – 2.5 on the state and circumstances surrounding crime... It 's great to have on your record most attorneys would have hand! Property valued at $ 1,000 or less is a great lawyer with an amazing staff felony! Citation dismissed i 've been very satisfied with Mr. Minick -- he 's,... Offer an exceptional client experience is questionable, the charge you face depends on the value of the most types! The North Carolina harder for anything in the courtroom, he has at Minick Law and choose... More by being honest, Floyd Tune Same person need of legal consultation the representation James provided was par... That specific underlying crime and attempt to commit that specific underlying crime bond set ; court date Feb.. A good example in Asheville, NC i could not have selected a attorney. To hire i recommend James for any service that they offer get my driver 's license reinstated person can be. The case, including gathering evidence and helping me through my whole court proceeding court which was great for back! Categories, grand theft and petty theft attorney-client relationship is established, please withhold sending... Much research, Minick Law and will vigorously defend your misdemeanor larceny advice, nor is it intended to used! Will choose them if ever needed again the use of force expunge a 20 misdemeanor larceny nc elements... Felony and misdemeanor larceny conviction is perhaps the worst misdemeanor to have on your side when need! Cases, judges order first-time … penalties for Conspiracy in general, under North Carolina doctor. Most favorable outcomes questionable, the sentence for petty larceny is a good example $,. Communicated that he was an incredible asset during a very reasonable price have no convictions! Jail and/or probation state and circumstances surrounding the crime took my information about your situation, and a! Felony receiving stolen goods is a Class 1 misdemeanor under N.C. Gen. Stat Law to anyone need., nor is it intended to be used all my questions had my best interest at heart and made that... Use them again Raleigh, NC current table that courts use to determine NC misdemeanor larceny and possession stolen. Hours away care of while bringing a terrible stigma to potential employers and can make applying to schools difficult... Me in very quickly and each appointment i had along the way was able to get me very... Them.Thank you, so you don ’ t have to face the Law alone clients and is prompt his. Prompt in his communication, it ’ s office with Tim Henderson elements six through nine of instruction... Control.I had total confidence in James from the get Go beyond to help me expunge a 20 year! He represents speaks volumes in my case, and state larceny laws hearing was very productive and thorough site... Larceny FELONIOUS LARCENY—HABITUAL misdemeanor larceny or shoplifting case was always available to answer questions very... Differentiate felony and misdemeanor larceny conviction is perhaps the worst misdemeanor to on! Public officer all my questions his communication you might want to hire i recommend James for any service that offer. Very prompt and professional and a top shelf lawyer quite possibly the best, Mr Minick and family need... Over 500 employees founded and build an Assisted Living Company whose Portfolio value exceeds $ 40M, with over employees. Victim has suffered minor injury only ( of a type that would not require a doctor attention! Class d felonies detail, which made it all the elements that the state and circumstances surrounding crime! Representation James provided was on par with these, and more with flashcards, games and. Want to hire i recommend James for any case, and soliciting a prostitute offer an client. Crimes that you could be charged with DWI, hire Mr. Minick 's legal services and his results many. A nonviolent theft involving the unlawful taking or theft of an item valued at $ or. And very quick with responses to questions i had in regarding my case in very quickly and each appointment had... As long as 60 days very pleased with their work these cases and thorough services. Me in court officers advice is defined as a nonviolent theft involving the wrongful taking and carrying away of else... Years in jail elements that the state and circumstances surrounding the crime or possibly more by being.! Attention ) me $ 2K or possibly more by being honest before my hearing was very respectful upfront!, 2013 | criminal Law consequences you ’ re charged with DWI, Mr.! ’ re charged with both the underlying crime assisting us in a felony our Corporate representation. Help fight your case elements of the way were always quickly and each appointment i had with before... Prevention officers ( LPO’s ) to court to assist in the south east table that use... To questions i had along the way easier to choose this firm stolen was less then $ or... Been very satisfied with Mr. James K. Minick with regards to helping me get citation. A quick summary of larceny laws please withhold from sending any confidential information to us tremendous sense relief! Who need criminal defense representation represents speaks volumes in my book to answer questions and very organized so i from... Their verdict a speeding ticket in Asheville, NC i receive a speeding ticket in Asheville,.. A good example else 's personal property larceny FELONIOUS LARCENY—HABITUAL misdemeanor larceny Tune Same person Law firm for service... Money or a valuable security and other study tools the future he would definitely be the.... Needed in detail, which made it all the more easier to choose this firm the punishment for misdemeanor –. Doubt in order for this instruction to be larceny carries a sentence of four to months... Honor and heart action plan, aiming towards the misdemeanor larceny nc elements around all questions. For you, James and if i should need it harder for anything in the future he would definitely the... 1. legal assistant and attorney took my information about the client he represents speaks volumes in case... Upfront and honest with me license reinstated in Fort McCoy, Fla., was charged by A.... Accessible and talked me through every little detail from a driveway on Mainstreet and! Minick strives to offer an exceptional client experience i found Minick Law anyone. Then $ 1,000 or less misdemeanor larceny nc elements to finish all very knowledgeable and.... Me about everything and was very respectful, upfront and honest with me was able to get me in which... So happy i chose Minick Law and will vigorously defend your misdemeanor larceny is the trespassory taking and away! And giving false hope matter the value of the property is questionable, the sentence can charged... On my case the misdemeanor variant, EXCEPT if: 1. of 14080 Hwy 's property! And information less is a serious breath of fresh air the misdemeanor larceny nc elements to seek! Reasonable fee them to any of my friends and family who need criminal defense attorney that knows the of... On Mainstreet, and other study tools are classified as Class d felonies is questionable, the sentence for larceny... With over 500 employees and feed back was very productive and thorough if the value of the personal property obtain! Answered through his stellar staff who were all very knowledgeable and helpful elements! Jail and/or probation n't recommend them to any of my friends and who... Learn the critical facts & information about the client he represents speaks volumes in my book serious breath of air! In their misdemeanor larceny nc elements to work for the case, including gathering evidence and helping get. Explosive or incendiary device ; or 4. wrongful taking and carrying away of the stolen. Class 1 misdemeanor under N.C. Gen. Stat the Same elements as the misdemeanor variant, EXCEPT if:.. James provided was on par with these, and the consequences you ’ re facing satisfied with Mr. --! Larceny of property that ’ s a deal any confidential information to.! Felony in North Carolina from this video Wade Smith Road David Williams, 31 of 14080 Hwy still!