North Carolina Felony Larceny from a Merchant

North Carolina General Statute §14-72.11 establishes the North Carolina Felony Larceny from a Merchant law:

A person is guilty of a Class H felony if the person:

(1) commits a larceny

(2) against a merchant and

(3) (a) takes property valued at more than $200 using a specified exit door to leave the premises;

      (b) removes, destroys, or deactivates a component of an anti-shoplifting or inventory control device to prevent the activation of any                    such device

      (c) affixes a product code created to fraudulently obtain goods or merchandise at less than actual sale price; or

      (d) the property is infant formula valued at more than $100.00. 

As class 'H' felonies, the offenses described above are considered "low-level" felonies. A defendant is typically unlikely to face an active prison sentence for a first offense, and might be eligible to complete a diversion program and secure a dismissal of the charge through a combination of good behavior, community service, and restitution. We have an article on our blog regarding §14-72.11(2), larceny involving anti-shoplifting devices. 

Often times these cases are proven using testimony of loss prevention officers and/or video, which must be properly authenticated to be admissible. A defendant with no or with minimal criminal history should expect to have a reasonably low or unsecured bond in a case like this. These cases will usually begin in District Court, where there will be an opportunity to reach an early resolution to the case. If no resolution is reached, the case will be referred to a grand jury for further proceedings in Superior Court. 

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