What is the penalty for misdemeanor larceney in North Carolina?
Full Question:
Answer:
Punishments will vary according to the facts and circumstances in each case, such as prior offenses of the person charged. Please see the NC tutes below to determine applicability:
§ 14-73.1. Petty misdemeanors.
The offenses of larceny and the receiving of stolen goods knowing the
same to have been stolen, which are made misdemeanors by Article 16,
Subchapter V, Chapter 14 of the General Statutes, as amended, are hereby
declared to be petty misdemeanors.
§ 14-160. Willful and wanton injury to personal property; punishments.
(a) If any person shall wantonly and willfully injure the personal
property of another he shall be guilty of a Class 2 misdemeanor.
(b) Notwithstanding the provisions of subsection (a), if any person
shall wantonly and willfully injure the personal property of another,
causing damage in an amount in excess of two hundred dollars ($200.00),
he shall be guilty of a Class 1 misdemeanor.
(c) This section applies to injuries to personal property without
regard to whether the property is destroyed or not.
§ 15A-1340.20. Procedure and incidents of sentence of imprisonment for
misdemeanors.
(a) Application to Misdemeanors Only. — This Part applies to sentences
imposed for misdemeanor convictions.
(b) Procedure Generally; Term of Imprisonment. — A sentence imposed for
a misdemeanor shall contain a sentence disposition specified for the
class of offense and prior conviction level, and any sentence of
imprisonment shall be within the range specified for the class of offense
and prior conviction level, unless applicable statutes require
otherwise. The kinds of sentence dispositions are active punishment,
intermediate punishment, and community punishment. Except for the work
and earned time credits authorized by G.S. 162-60, or earned time credits
authorized by G.S. 15A-1355(c), if applicable, an offender whose sentence
of imprisonment is activated shall serve each day of the term imposed.
(c) Suspension of Sentence. — Unless otherwise provided, the court
shall suspend a sentence of imprisonment if the class of offense and
prior conviction level requires community or intermediate punishment as a
sentence disposition.
(c1) Active Punishment Exception. — The court may impose an active
punishment for a class of offense and prior conviction level that does not
otherwise authorize the imposition of an active punishment if the term of
imprisonment is equal to or less than the total amount of time the
offender has already spent committed to or in confinement in any State or
local correctional, mental, or other institution as a result of the
charge that culminated in the sentence.
(d) Earned Time Authorization. — An offender sentenced to a term of
imprisonment that is activated is eligible to receive earned time credit
for misdemeanant offenders awarded by the Department of Correction or the
custodian of a local confinement facility, pursuant to rules adopted in
accordance with law and pursuant to G.S. 162-60. These rules and statute
combined shall not award misdemeanant offenders more than four days of
earned time credit per month of incarceration.
§ 15A-1340.21. Prior conviction level for misdemeanor sentencing.
(a) Generally. — The prior conviction level of a misdemeanor offender
is determined by calculating the number of the offender's prior
convictions that the court finds to have been proven in accordance with
this section.
(b) Prior Conviction Levels for Misdemeanor Sentencing. — The prior
conviction levels for misdemeanor sentencing are:
(1) Level I — 0 prior convictions.
(2) Level II — At least 1, but not more than 4 prior convictions.
(3) Level III — At least 5 prior convictions.
In determining the prior conviction level, a prior offense may be
included if it is either a felony or a misdemeanor at the time the
offense for which the offender is being sentenced is committed.
(c) Proof of Prior Convictions. — A prior conviction shall be proved by
any of the following methods:
(1) Stipulation of the parties.
(2) An original or copy of the court record of the prior conviction.
(3) A copy of records maintained by the Division of Criminal
Information, the Division of Motor Vehicles, or of the Administrative
Office of the Courts.
(4) Any other method found by the court to be reliable.
The State bears the burden of proving, by a preponderance of the
evidence, that a prior conviction exists and that the offender before the
court is the same person as the offender named in the prior conviction.
The original or a copy of the court records or a copy of the records
maintained by the Division of Criminal Information, the Division of Motor
Vehicles, or of the Administrative Office of the Courts, bearing the same
name as that by which the offender is charged, is prima facie evidence
that the offender named is the same person as the offender before the
court, and that the facts set out in the record are true. For purposes of
this subsection, "copy" includes a paper writing containing a
reproduction of a record maintained electronically on a computer or other
data processing equipment, and a document produced by a facsimile
machine. Evidence presented by either party at trial may be utilized to
prove prior convictions. Suppression of prior convictions is pursuant to
G.S. 15A-980. If a motion is made pursuant to that section during the
sentencing stage of the criminal action, the court may grant a
continuance of the sentencing hearing.
(d) Multiple Prior Convictions Obtained in One Court Week. — For
purposes of this section, if an offender is convicted of more than one
offense in a single session of district court, or in a single week of
superior court or of a court in another jurisdiction, only one of the
convictions may be used to determine the prior conviction level.
§ 15A-1340.22. Multiple convictions.
(a) Limits on Consecutive Sentences. — If the court elects to impose
consecutive sentences for two or more misdemeanors and the most serious
misdemeanor is classified in Class A1, Class 1, or Class 2, the
cumulative length of the sentences of imprisonment shall not exceed twice
the maximum sentence authorized for the class and prior conviction level
of the most serious offense. Consecutive sentences shall not be imposed
if all convictions are for Class 3 misdemeanors.
(b) Consolidation of Sentences. — If an offender is convicted of more
than one offense at the same session of court, the court may consolidate
the offenses for judgment and impose a single judgment for the
consolidated offenses. Any sentence imposed shall be consistent with the
appropriate prior conviction level of the most serious offense.
§ 15A-1340.23. Punishment limits for each class of offense and prior
conviction level.
(a) Offense Classification; Default Classifications. — The offense
classification is as specified in the offense for which the sentence is
being imposed. If the offense is a misdemeanor for which there is no
classification, it is as classified in G.S. 14-3.
(b) Fines. — Any judgment that includes a sentence of imprisonment may
also include a fine. Additionally, when the defendant is other than an
individual, the judgment may consist of a fine only. If a community
punishment is authorized, the judgment may consist of a fine only. Unless
otherwise provided for a specific offense, the maximum fine that may be
imposed is two hundred dollars ($200.00) for a Class 3 misdemeanor and
one thousand dollars ($1,000) for a Class 2 misdemeanor. The amount of
the fine for a Class 1 misdemeanor and a Class A1 misdemeanor is in the
discretion of the court.
(c) Punishment for Each Class of Offense and Prior Conviction Level;
Punishment Chart Described. — Unless otherwise provided for a specific
offense, the authorized punishment for each class of offense and prior
conviction level is as specified in the chart below. Prior conviction
levels are indicated by the Roman numerals placed horizontally on the top
of the chart. Classes of offenses are indicated by the Arabic numbers
placed vertically on the left side of the chart. Each grid on the chart
contains the following components:
(1) A sentence disposition or dispositions: "C" indicates that a
community punishment is authorized; "I" indicates that an intermediate
punishment is authorized; and "A" indicates that an active punishment is
authorized; and
(2) A range of durations for the sentence of imprisonment: any sentence
within the duration specified is permitted.
PRIOR CONVICTION LEVELS
MISDEMEANOR
OFFENSE LEVEL I LEVEL II LEVEL III
CLASS No Prior One to Four Prior Five or More
Convictions Convictions Prior Convictions
A1 1-60 days C/I/A 1-75 days C/I/A 1-150 days C/I/A
1 1-45 days C 1-45 days C/I/A 1-120 days C/I/A
2 1-30 days C 1-45 days C/I 1-60 days C/I/A
3 1-10 days C 1-15 days C/I 1-20 days C/I/A.
§ 14-3. Punishment of misdemeanors, infamous offenses, offenses committed
in secrecy and malice, or with deceit and intent to defraud, or with
ethnic animosity.
(a) Except as provided in subsections (b) and (c), every person who
shall be convicted of any misdemeanor for which no specific
classification and no specific punishment is prescribed by statute shall
be punishable as a Class 1 misdemeanor. Any misdemeanor that has a
specific punishment, but is not assigned a classification by the General
Assembly pursuant to law is classified as follows, based on the maximum
punishment allowed by law for the offense as it existed on the effective
date of Article 81B of Chapter 15A of the General Statutes:
(1) If that maximum punishment is more than six months imprisonment, it
is a Class 1 misdemeanor;
(2) If that maximum punishment is more than 30 days but not more than
six months imprisonment, it is a Class 2 misdemeanor; and
(3) If that maximum punishment is 30 days or less imprisonment or only
a fine, it is a Class 3 misdemeanor.
Misdemeanors that have punishments for one or more counties or cities
pursuant to a local act of the General Assembly that are different from
the generally applicable punishment are classified pursuant to this
subsection if not otherwise specifically classified.
(b) If a misdemeanor offense as to which no specific punishment is
prescribed be infamous, done in secrecy and malice, or with deceit and
intent to defraud, the offender shall, except where the offense is a
conspiracy to commit a misdemeanor, be guilty of a Class H felony.
(c) If any Class 2 or Class 3 misdemeanor is committed because of the
victim's race, color, religion, nationality, or country of origin, the
offender shall be guilty of a Class 1 misdemeanor. If any Class A1 or
Class 1 misdemeanor offense is committed because of the victim's race,
color, religion, nationality, or country of origin, the offender shall be
guilty of a Class H felony.
