Fighting For Our Clients’ Rights And Freedoms
Have you been accused of stealing? Have you been accused of arson or burning of personal property? If you have been accused of theft or property crime in North Carolina, you need to contact an experienced attorney.
Vavonese Law Firm, PC is experienced in handling cases of theft and property crimes such as stolen property, arson and property crimes for both juveniles and adults in North Carolina. Although property crimes are often less serious than crimes against another person, you are likely still facing serious criminal charges. The state of North Carolina has several laws and statutes in place that protect personal property and belongs from theft and damage. You could be facing jail time and you need a criminal defense attorney to be in your corner and help you get the right outcome.
Jamie Vavonese is a skilled and experienced attorney who can help you handle charges stemming from theft and property including, but not limited to:
- Fraud, white-collar theft
- Burglary, breaking and entering
- Juvenile theft
- Armed robbery
- Theft with assault
- Auto theft
- Identity theft, ID theft, stone credit cards or check forgery
Theft Charges In North Carolina
In North Carolina, the laws contain several different types of felony and misdemeanor crimes that constitute theft or property offenses. The class of the offense you are charged with is often determined by the value of the property involved. Other factors include whether or not a firearm was involved, or the threat of violence was used. A prior record of theft or property convictions can also come into play.
According to N.C.G.S. § 14-72, larceny of goods valued at more than $1,000 is a class H felony. Larceny of goods less than $1,000 is considered a class 1 misdemeanor.
Larceny can automatically be considered a felony in some cases, no matter the value of the stolen property. Some instances where this is true are if a person steals from another using any sort of explosive device or firearm as a weapon, if the defendant has stolen from their employer.
Stealing certain items can also affect the classification of the crime, no matter the value. For example, in North Carolina, theft of pine needles or pine straw automatically is a class H felony, which North Carolina law classifies as a class 2 misdemeanor.
Organized retail theft is a class H felony. N.C.G.S. § 14-86.6 defines organized retail theft as two or more people who conspire to steal from retail establishments with a value exceeding $1,500 aggregated over a 90-day period with the intent to sell that property.
The crime of possessing stolen goods knowingly or having reasonable grounds to believe the goods to be stolen is a felony, without regard to the value of the property in question, according to N.C.G.S. § 14-72. The law classifies this as a class H felony.
Property Crimes In North Carolina
Robbery is taking or attempting to take personal property from another person or any form of business, residence or banking institution. In North Carolina, robbery is a class G felony, under N.C.G.S. § 14-87.1. Charges can be upgraded in instances where a firearm or other weapon has been used, or if there is a threat to use a weapon. The charge then would be considered a class D felony.
If you have entered or remained in a building without consent with the intent to commit a crime, you could be charged with burglary. There are two different degrees of burglary charges. If the building was unoccupied during the time of the offense, you could be looking at second-degree burglary. First-degree burglary charges are filed in the instance that the building was occupied at the time of the offense. First-degree burglary is a class D felony and second-degree burglary is a class G felony. If an explosive device has been used, the crime would automatically be classified as a class D felony.
Breaking and entering
Breaking and entering can be a class 1 misdemeanor for any person or person(s) who has broken into any building, dwelling or place of worship. Breaking and entering becomes a class H felony when you break into a building to commit a felony or larceny, or to terrorize or injure the occupants of the property.
If you have entered a building or dwelling after being forbidden to do so, you may be guilty of criminal trespassing. First-degree criminal trespassing is a class 2 misdemeanor. If you remain on a property after being ordered to leave by the lawful occupant, you could be charged with second degree trespass, which is a class 3 misdemeanor.
Willful and wanton injury to real property
If you injure any public or private property you could be charged with willful and wanton injury to property. In North Carolina, this is a class 1 misdemeanor with penalties of up to one year of jail time.
Disorderly conduct in or injury to public buildings and facilities
Statute N.C.G.S. § 14-132 states public buildings are those that allow public access and are controlled by the state or any other public agency or municipality. These can include buildings at parks, community centers, government buildings, etc. Disorderly conduct can include making rude or riotous noise or general bad conduct.
If you cause any nuisance in or near any public building or facility you may be guilty of disorderly conduct. Injury includes writing or defacing and public building or statue. For example, if you have created graffiti on any public building or statue, you have injured that building or property. Both injury and disorderly conduct in public buildings and facilities are class 2 misdemeanors. These crimes can be punishable by 30 days to six months in jail.
According to N.C.G.S. § 14-58, North Carolina defines arson as malicious and voluntary or willful burning of another’s house or dwelling. First-degree arson is when the home or dwelling burned was occupied at the time of the fire. This is a class D felony, punishable by 38-58 months in prison for a first time conviction. Second-degree arson is when the dwelling was unoccupied. The offense is a class G felony, punishable by eight to 16 months in prison for a first-time conviction.
Burning of personal property
N.C.G.S. § 14-66 states that if you wantonly and willfully burn or set fire to the property (of any kind) belonging to another person, regardless of whether it is insured or not, you will face class H felony charges and a potential four to eight months in prison for a first-time conviction.
If you have been accused of a theft or property crime in North Carolina, contact Jamie Vavonese at Vavonese Law Firm, PC in Raleigh. Jamie will listen to your case and advise you of the best defense so that your case sees the best possible outcome.