The Law offices of Arnold & Smith - John Price Carr House
You cannot reason with the unreasonable;
When it is time to fight,
WE FIGHT TO WIN.

Our office continues to operate during our regular business hours, which are 8:30 am - 5:30 pm, Monday through Friday, but you can call the office 24 hours a day. We continue to follow all recommendations and requirements of the State of Emergency Stay at Home Order. Consultations are available via telephone or by video conference. The safety of our clients and employees is of the utmost importance and, therefore, in-person meetings are not available at this time except for emergencies or absolutely essential legal services.

North Carolina Property Crimes Lawyers

Are you facing a property crime charge in North Carolina? If so, you need a skilled legal defense lawyer. Property crimes include any crime that harms property. Common property crimes include larceny, trespassing, vandalism, arson, and breaking and entering. At Arnold & Smith, PLLC, we take all of our clients’ cases extremely seriously. Our lawyers take the time to understand the facts of our clients’ cases to offer them the best legal representation possible. Contact our Charlotte criminal defense team today to schedule your free initial consultation.

What is a Property Crime Under North Carolina Law?

Property crimes can result in misdemeanors or felony charges. The categories of criminal property charges range from simple vandalism to arson and larceny. Many property crimes come with heavy fines and lengthy imprisonment. Those convicted of property crimes will also walk away with a criminal record. The following crimes are commonly charged in North Carolina:

  • Larceny
  • Arson
  • Breaking and entering
  • Vandalism
  • Damage to real property
  • Damage to personal property
  • Trespassing
Larceny of Property and Theft Charges in North Carolina

Under North Carolina law, larceny is a Class H felony. While certain criminal convictions can be classified as misdemeanors, others are felony offenses. The crime of larceny is broadly defined as “offenses against property.” Larceny includes all of the following elements:

  • Taking
  • Personal property
  • Possessed by another person
  • Carrying away the personal property
  • Without permission or consent
  • With the intent to permanently deprive the person of possession
  • While knowing that the defendant is not entitled to keep that possession

The defendant does not have to have actual knowledge that he or she is not entitled to keep the stolen possession. It is enough that the defendant should reasonably have known that he or she was not entitled to keep the possession. North Carolina no longer recognizes the difference between grand larceny and petit larceny. Instead, larceny is a felony offense in North Carolina, unless otherwise stated in North Carolina statutes.

Receiving or Possessing Stolen Goods in North Carolina

When the value of the stolen property exceeds $1,000, larceny is a class H felony, which is serious. Receiving stolen goods in North Carolina and possession of stolen goods charges are also class H felonies in North Carolina. Under North Carolina law, the maximum penalty for a Class H felony is 39 months in prison. When the value of a stolen item is $1,000 or less, the defendant will face a misdemeanor charge as a Class 1 misdemeanor. The maximum punishment for a Class 1 misdemeanor in North Carolina is 120 days in prison.

Organized Retail Theft

Organized retail theft happens when a person conspires with someone else to commit theft of retail property from a retail establishment. The retail property must be valued at over $1,500. The defendant must have the intent to sell the retail property for either monetary gain, or another gain. Or, the defendant must intend to receive or possess goods taken from retail properties.

Facing Criminal Trespass Charges

In North Carolina, a person commits criminal trespass when he or she remains on another person’s premises without authorization after being notified not to enter. Trespass also includes situations in which the defendant enters or remains on another person’s property after becoming aware of posted notices to not enter the premises.

When a person enters or remains on someone else’s premises that are enclosed or secured in a way that demonstrates clear intent to keep intruders out, or in a building of another person, they will face Class 2 misdemeanor charges for trespassing in the first-degree.

Defendants who enter premises after being forbidden to do so or remains after being ordered to leave by the lawful occupant, when the occupant is a present or former spouse or by a person with whom the person charged has lived as if married, will be charged with Domestic criminal trespass and face class 1 misdemeanor charges. If the domestic trespass happens when the defendant trespassed on property operating as a safe house for domestic violence victims and when the defendant is armed with a deadly weapon when the offense takes place, then the defendant will be charged with a class G felony in North Carolina.

Contact Our Charlotte Property Crimes Lawyers for Help

If you are facing property crime charges, our lawyers can help. Do not hesitate to contact the skilled lawyers at Arnold & Smith, PLLC to schedule your free, initial consultation. Call our lawyers at (704) 370-2828 to evaluate your options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.