What You Need to Know About North Carolina’s Misdemeanor and Felony Shoplifting Charges

Concealment of Goods Penalties

Whether the concealment of goods charge is a misdemeanor or felony will often depend on the value of the merchandise taken. If the merchandise is valued at less than $1,000, a shoplifter will often be charged with a misdemeanor. He would be charged with a felony if the value is above $1,000. However, there are exceptions when shoplifting goods valued at less than $1,000 would be considered a felony.

North Carolina uses a complicated system for sentencing that is based on the person’s criminal history and other factors. Here are some common concealment of goods offenses and possible penalties:

• First offense concealment of goods conviction. If a person is convicted of a first offense concealment of goods or altering of price tags, this is a Class 3 misdemeanor with a possible sentence of community service or one to ten days in jail, which can increase if the person has prior convictions.
• Second offense concealment of goods conviction. A second conviction of concealment of goods or altering price tags within three years is a Class 2 misdemeanor. The sentence can be probation, community service, or up to 30 days in jail if there are no prior convictions and an additional sentence if the person has a prior criminal record.
• Third offense concealment of goods conviction. Being convicted of a third offense concealment of goods or price tag altering within five years can result is a Class 2 misdemeanor conviction with a possible sentence of up to 45 days in jail—or longer if there are other prior convictions.
• Using a tool to prevent activation. If a tool is used to prevent activation of an antitheft device, the charge is a Class H felony no matter what the value of the property is. The possible sentence is between 4 and 25 months in jail depending on the person’s prior conviction history and other mitigating and aggravating factors.
• Use of an emergency exit. It is a Class H felony to use an emergency exit door to leave a store with goods valued at $200 or more, and the penalties are similar to using a tool to prevent activation of a security device.

Penalties for a Larceny of Goods Conviction

If a person is charged with larceny of goods, a number of factors could determine whether the charge is a felony or misdemeanor. Like with a concealment of goods charge, if the value of the property is above $1,000, the charge will generally be a Class H felony, and it will be a Class 1 misdemeanor if the value is $1,000 or less. However, there are situations where a shoplifter can be charged with a felony even if the property is worth less than $1,000, such as:

• The property taken is a firearm, explosive device, or incendiary device.
• The property was taken directly from a person.
• The person has four or more larceny or shoplifting charges.

The sentence for a Class 1 misdemeanor can be up to 120 days in jail. If the conviction is for a Class H felony, the sentence may be as long as 39 months in prison.