Possession of Stolen Motor Vehicle in NC

You do not have to be the thief to be charged. This guide is for anyone in Greensboro or Guilford County who bought, borrowed, drove or rode in a car that came back stolen.

What you knew, and what you had reason to believe, is where these cases are won or lost, depending on the facts of your case.

Talk with a Greensboro theft defense lawyer before you explain the sale to police. Call (336) 379-0539 today.

Is Possession of a Stolen Motor Vehicle a Felony in NC?

Yes. Possession of a stolen motor vehicle is a Class H felony in North Carolina, and the statute sets no dollar value.

Possessing other stolen goods worth $1,000 or less is usually a Class 1 misdemeanor under G.S. 14-72(a).

A stolen car is a felony to possess at any value.

Class H is the second-lowest felony class. See what a Class H felony carries in NC.

What Is the NC Statute for Possession of a Stolen Motor Vehicle?

The statute is G.S. 14-71.2, titled “Receiving or transferring stolen vehicles.” Its key words read:

“… has in his possession any vehicle which he knows or has reason to believe has been stolen or unlawfully taken … shall be punished as a Class H felon.” G.S. 14-71.2

The same statute covers receiving or transferring a stolen vehicle with intent to procure or pass title. A law officer performing his duty is excepted.

Before December 1, 2019, this law was G.S. 20-106. The General Assembly moved it to Chapter 14, so older articles and the jury instruction may still cite 20-106.

It is not G.S. 14-72.2, which is unauthorized use, and not G.S. 14-72, which is general larceny.

Elements of Possession of a Stolen Motor Vehicle in NC

To convict you, the State must prove two things beyond a reasonable doubt. They come from North Carolina pattern jury instruction 271.26.

1You Possessed the Vehicle

You possessed it if you were aware of it and had “both the power and intent to control its disposition or use”, alone or together with others.

Being near the car, or riding in it, is not the same as having both. That is a question your lawyer tests.

2You Knew or Had Reason to Know It Was Stolen

The State must show you knew, or had reason to know, that the vehicle was stolen or unlawfully taken.

A third point, that you were not an officer on duty, only comes up if there is evidence you were.

What If I Didn’t Know the Car Was Stolen?

Not knowing is a defense only if you also had no reason to believe the car was stolen. The statute’s test is “knows or has reason to believe”.

Reason to believe is judged from the circumstances of the sale. Facts that can be argued either way include a price far below value, no title, a title in someone else’s name, a damaged ignition, missing keys or a removed VIN.

What helps is proof of how you got the car: the listing, texts with the seller, a bill of sale, payment records and the seller’s identity. Your lawyer gathers them early, before they disappear.

How Much Time Can You Get for Possession of a Stolen Motor Vehicle in NC?

As a Class H felony, the minimum term runs from 4 to 25 months, depending on your prior record level. The maximum can reach 39 months.

Prior Record Level	Points	What the Chart Authorizes	Presumptive Minimum	Lowest to Highest Minimum
I	0-1	Community, intermediate or active	5-6 months	4-8 months
II	2-5	Intermediate or active	6-8 months	4-10 months
III	6-9	Intermediate or active	8-10 months	6-12 months
IV	10-13	Intermediate or active	9-11 months	7-14 months
V	14-17	Intermediate or active	12-15 months	9-19 months
VI	18+	Active	16-20 months	12-25 months

Each minimum has a set maximum under G.S. 15A-1340.17(d). A 6-month minimum carries a 17-month maximum, 8 carries 19, and the top minimum of 25 carries 39.

At Level I the chart authorizes community, intermediate or active punishment. From Level II through V it authorizes intermediate or active, and at Level VI active only.

Which level you are sentenced at, and where in the range, is argued by your lawyer, not assumed.

Because this is a felony property crime, the judge must order restitution to the owner for the loss (G.S. 15A-1340.34(b), G.S. 15A-830). A fine can also be added at the court’s discretion.

Already have a prior record, or a second charge from the same stop? Call (336) 379-0539 before your first court date.

Possession vs Larceny of a Motor Vehicle vs Unauthorized Use

North Carolina has no separate car-theft crime. Stealing a car is charged as larceny under G.S. 14-72, as the UNC School of Government explains.

A car worth more than $1,000 is a Class H felony to steal, and one worth $1,000 or less is a Class 1 misdemeanor. Possessing a stolen car under G.S. 14-71.2 is a Class H felony at any value.

Possessing a stolen car has no dollar minimum.

If the State charges both larceny and possession of the same car, in most cases you can be convicted of only one of them. That is the rule of State v. Perry, 305 N.C. 225 (1982), as explained by the School of Government.

Unauthorized use means taking or operating a vehicle without the owner’s consent. It is a Class 1 misdemeanor under G.S. 14-72.2.

The North Carolina Supreme Court held in State v. Robinson, 368 N.C. 402 (2015), that unauthorized use is not a lesser-included offense of possession of a stolen vehicle. So the jury is not told to consider it as a fallback.

Moving a case to unauthorized use is something your lawyer has to negotiate, depending on the facts of your case.

Stealing parts is charged differently: larceny of motor vehicle parts is a Class I felony when repairs cost $1,000 or more, or the part is a catalytic converter (G.S. 14-72.8). See how Class I felonies are punished.

For anything other than a vehicle, read about possessing other stolen property in NC.

How a Lawyer Defends a Stolen Vehicle Charge

A lawyer defends this charge by testing each part of the State’s proof.

Knowledge and Reason to Believe

The circumstances of the sale cut both ways. Your lawyer puts your paperwork and messages in front of the prosecutor.

Possession

If you were a passenger, the State must still show you had the power and intent to control the car.

Identity and Ownership Records

Who had the keys, who drove, and what the title and registration history show are all checked.

The Stop and the Search

Your lawyer reviews whether police had a lawful reason to stop the car and search it.

For a Class H charge, North Carolina law allows deferred prosecution for some people with no prior felony and no prior probation, or a conditional discharge after a guilty plea (G.S. 15A-1341(a1), (a4)).

Each one needs a joint motion by you and the prosecutor, so your lawyer has to ask for it and show that you qualify.

A criminal defense lawyer in Greensboro looks at each of these before any plea talk. Any result depends on the facts of your case.

What Happens After a Stolen Vehicle Charge in Greensboro

A stolen vehicle case starts with an arrest or a summons, then bond and a first appearance in Guilford County District Court.

Before indictment, your lawyer can explain how a felony probable cause hearing works. If you are indicted, the case moves to Superior Court; here is what an indictment means for your case.

A felony case starts in District Court and can move to Superior Court by indictment.

The listing, the seller’s messages and the bill of sale can disappear fast. What you tell the officer about how you got the car becomes evidence of what you knew, so call a lawyer before you explain it.

Can a Stolen Vehicle Conviction Be Expunged?

A Class H conviction can qualify as one nonviolent felony after a 10-year wait under G.S. 15A-145.5. The wait runs from the conviction, or from the end of the sentence and probation, whichever is later.

Convictions entered in the same session of court count as one. The judge “may” grant the petition, and it needs an affidavit that no restitution is owed.

Once the wait is over, read how a felony expunction petition works. The better time to protect your record is now, before a conviction.

Call (336) 379-0539 to talk with our theft defense team in Greensboro.

Frequently Asked Questions

This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.