Introduction
Being charged with possession of stolen property in North Carolina is not a minor issue. While you may not have been the person who physically stole the item, simply being found in possession of it can land you in serious legal trouble — potentially even felony charges.
In this blog, we break down what the law says about possession of stolen property, the penalties you might face, how prosecutors build their case, and what defense strategies can help protect your future.
If you’re facing this charge or suspect you’re under investigation, the criminal defense team at Martine Law is here to help.
What Is Possession of Stolen Property in North Carolina?
Under North Carolina law, possession of stolen goods is a crime that falls under the broader umbrella of theft-related offenses. The key statute is G.S. § 14-71.1, which states that:
“If any person shall possess any goods, chattels, or other personal property that has been stolen, knowing or having reasonable grounds to believe the property was stolen, they shall be guilty of a criminal offense.”
The law targets people who knowingly hold onto or use stolen items, even if they were not the ones who committed the original theft.
Key Elements of the Crime
To convict someone of possession of stolen property, the prosecution must prove three essential elements:
- The property was stolen
- It must be shown that the property was unlawfully taken from its rightful owner.
- You possessed the property
- Physical possession is not always necessary. Constructive possession (i.e., having control or access to the item) can be enough.
- You knew or should have known the property was stolen
- This is often the most contested part. Prosecutors must prove intent or awareness of the item’s stolen status.
Misdemeanor vs. Felony Charges
In North Carolina, the severity of the charge largely depends on the value of the stolen property and whether there are aggravating circumstances.
Misdemeanor Possession
- Applies to items valued under $1,000
- Penalty: Up to 120 days in jail
- Often includes fines, community service, and probation
Felony Possession
- Applies to items valued at $1,000 or more, or if the item is a firearm or explosive
- Penalty: Class H felony, up to 39 months in prison depending on prior criminal history
If the stolen property is a firearm, the offense can escalate to a Class G felony, which has even harsher consequences.
Examples of Possession of Stolen Property
This charge can apply in many everyday situations, including:
- Buying a used iPhone that was actually stolen, even if you bought it online
- Receiving a gift that turns out to be stolen merchandise
- Driving a vehicle reported stolen without knowing its true origin
- Holding stolen items for a friend who asks you to keep them temporarily
Even if your intentions were innocent, you can still be charged if the court believes you should have known the property was stolen.
How Prosecutors Prove Knowledge
Since most people won’t admit they knew something was stolen, prosecutors rely on circumstantial evidence, including:
- Low purchase price: Buying an expensive item for far below market value
- Lack of documentation: No receipt, title, or bill of sale
- Statements or text messages: Conversations that suggest you were warned about the item’s origin
- Previous relationship with the thief: If you regularly associate with the person who stole it
If they can show that a “reasonable person” would have suspected the item was stolen, that may be enough for a conviction.
Potential Penalties and Long-Term Consequences
A conviction for possessing stolen property can lead to:
- Jail or prison time
- Heavy fines
- Probation or community supervision
- Restitution to the rightful owner
- A permanent criminal record, which can affect your job, housing, and future
If you’re not a U.S. citizen, this charge can also carry immigration consequences, including deportation or denial of citizenship.
Defenses Against Possession of Stolen Property Charges
Every case is different, but there are several legal defenses that might apply:
1. Lack of Knowledge
If you genuinely didn’t know the property was stolen, and had no reason to believe it, you may be able to beat the charge.
2. Mistaken Identity
You were not the person who possessed or controlled the stolen item, or someone else planted it.
3. False Accusation
Sometimes disputes between acquaintances or former partners lead to false claims, especially in domestic or roommate situations.
4. No Possession
You were not in actual or constructive possession of the item at the time of the arrest.
At Martine Law, we thoroughly investigate every angle to build the strongest possible defense.
What Should You Do If Charged?
If you’ve been charged with possession of stolen property in North Carolina:
- Do not speak to police without a lawyer present
- Avoid posting about your case on social media
- Gather any receipts or proof of purchase
- Hire an experienced criminal defense attorney
The sooner you act, the better your chances of avoiding serious penalties. We’re here to protect your rights and work toward a dismissal, reduction, or favorable plea.
How Martine Law Can Help
When you’re accused of a theft-related crime, your reputation and future are on the line. At Martine Law, we fight for individuals charged with:
- Possession of stolen goods
- Theft and larceny
- Shoplifting
- Burglary and robbery
Our team understands how North Carolina courts handle these cases and how to challenge the evidence against you.