larceny by employee nc first offensewendy williams sister lawyer

The Basics of Theft: How Misdemeanor Larceny and Felony Larceny are Different? The first stage of a crime that comes under a larceny definition involves the unlawful taking of another's property. Criminal Defense Attorney serving Durham, Orange, and Chatham counties. %PDF-1.5 % What is the worst case scenario for a misdemeanor larceny? Lets say that Gertrude takes food from the shelves rather than money from the till. North Carolina criminal laws still recognize the common law to some extent. The chart below provides a summary of statutes related to North Carolina's larceny laws, including links to important code sections. Criminal Defense lawyers in Durham (and throughout all of NC) may describe such legal statutes as expansive, broadly written, or inclusive in nature. Is Gertrude guilty of Larceny by Employee? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Everythings kosher. The North Carolina justice system looks at a defendants public record, criminal history, and the specific facts to determine the appropriate punishment or the presumptive range of a jail sentence, which could range between 4 to 25 months. Many people facing allegations of theft assume the $1,000 dollar rule, where anything UNDER $1,000 dollars is considered a misdemeanor larceny. Free One-Hour Consultations 919.813.8749. Depending on the facts of your case, you may have multiple good defenses. d. any third party unrelated to Mike, the property, or the crime., Ludwig receives from . Under North Carolina State Law, the crime of embezzlement is a class H felony unless there was $100,000.00 of more taken. The average value of property taken during larceny-thefts was $1,162 per offense. Larceny by an Employee Under NCGS 14-74, if you conceal property while in your workplace and take it away, then you will be charged with a felony. Crime must happen without the consent of the owner. The maximum on an A1 misdemeanor, and not to say that larceny falls within that category, the maximum for assault on a female, assault with deadly weapon, assault on a government official, assault on a child as an A1 misdemeanor, if it falls within that category, is 150 days in jail if you have the worst prior record level depending on the points assigned to your prior convictions. So an 8 to 19 month term would really be 8 to 10 months in prison followed by nine months of post release. Consent: The property owner consented to you taking it or sold it to you. Belief you owned it: You have a good faith belief that you, not the other person, were the true owner the property. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Site Contents 2023 Randall & Stump, Criminal Defense Attorneys. A first-offense shoplifting charge is a Class 3 misdemeanor. We recommend talking to a defense lawyer about legal representation immediately. Bill Powers. This field is for validation purposes and should be left unchanged. Call (919) 239-8448 or fill out the form below to schedule a free case evaluation. When the average value is applied to the estimated number of larceny-thefts, the loss to victims nationally. For example, if a person steals from another using any sort of explosive device or firearm as a weapon or if the defendant steals from their employer, the larceny could automatically be considered a felony. b. the owner of the property that Mike is charged with stealing. So, if you have been charged with larceny, contact us today. %%EOF 0 Why are some things considered a minor misdemeanor and other allegations of larceny considered a felony? | Last updated February 06, 2018. This carries a maximum penalty of 30 days in jail and a $200 fine. Free Initial Consultation | (980) 237-4579, On behalf of Randall & Stump, PLLC in Embezzlement, Larceny by employee, theft crimes on Wednesday, September 27, 2017. In all cases of doubt, the jury shall, in the verdict, fix the value of the property stolen. Its common knowledge. Misdemeanor Larceny is a Class 1 misdemeanor in North Carolina. Such common laws are known by everyone and come from when we were a colony subject to British rule. It seems that we are getting calls more and more frequently from people accused of embezzlement and shoplifting. The defendant violently pushed the front door open . The Crime of Larceny by Employee is also a class H felony unless there was $100,000.00 or more taken. emp 4 2528 asslt&batt/ems,ff,hcp 4 The long-term consequences can be as serious as the punishment because it can affect your ability to obtain a job, keep a professional license, and obtain certain loans. Its not on my record. This blog dives deep into the different types of larceny charges, their consequences, and how our law firm can help you today. Whats the worst case scenario? But Im not aware of a case on point. That doesnt mean that you may not, despite best efforts of counsel or yourself, you may not be able to avoid a conviction, but it sure as heck makes sense to find out are you eligible for a diversionary type of program, are you eligible to do some community service or some other alternative to the conviction, if at all possible. If a woman leaves her purse unattended and a thief steals it, the offense is classified as Theft From Buildings (6Xg) or All Other Larceny-theft Not Specifically Classified (6Xi). c. a public official. With that in mind, here are a few notes about the relationship between the two: The foregoing certainly doesnt answer every possible question related to embezzlement and larceny by employee. It is logical to therefore assume anything theft of personal property valued at $1,000 or more is automatically treated as a felony larceny in NC, which is not always true. In North Carolina, these types of offenses are referred to as larceny and include a number of crimes where the perpetrator has the intent to deprive the actual owner of their property rights. A first offense of concealment of merchandise, or shoplifting, is a . larceny by employee 1474 larceny by empl >=$100,000 1474 larceny of chose in action 1475 larceny of secret process 1475.1 larceny of pine straw 1479.1 . Any theft crime including an unlawful acquiring of the property without legal means, Receiving or possessing stolen goods valued over $1,000 if the accused knew or had reason to know that the goods were stolen (Class H), Larceny by employees if the property involved is valued at $100 or more (Class C felony) or less than $100 (Class H felony), Larceny from a construction site or motor vehicle parts (Class I felony), actual damages, meaning compensation for the value of the merchandise or any damage to it, punitive damages (meant to punish the offender rather than reimburse the store), and. Mr. Ridenhour, thinking a neighbor was at the door, went to the front door and flipped the deadbolt. If convicted, depending on the circumstances, you may spend years in jail and pay hundreds in fines, restitution and punitive damages. Larceny is the taking of someone elses property without their permission. Larceny charges can be confusing, but experienced legal counsel can help. Shoplifting Definition: The theft by a person (other than an employee) of goods or merchandise exposed for sale. Felony Larceny is typically a Class H felony in North Carolina. The larceny by employee statute generally makes it illegal for "any servant or other employee, to whom any money, goods, or other chattels" have been given by his "master," to "go away with" the property with the intent to steal it, or to "embezzle" or "convert" them. Perhaps more importantly, you will face a lifetime of roadblocks with a felony conviction on your record. larceny after breaking and entering nc 19 3407 . (148-45(b)) . are in need of Legal Services. Call us today at (980) 207-3355 or fill out our contact form for a prompt response from a member of our legal team. They have a way of following you around. They represented me and Home The Basics of Theft: How Misdemeanor Larceny and Felony Larceny are Different? When your case is formally charged your attorney has a much easier time dealing with your case without a signed confession. If you leave the subject blank, this will be default subject the message will be sent with. The maximum penalty is generally 30 days in jail and a $200 fine. We VERY HAPPILY, had a GREAT outcome from the case and I could not be happier. 14-74. are worth $100,000 or more, that makes the classification of the criminal offense a Class C felony. Im a defense attorney in Charlotte, North Carolina that helps people with different criminal traffic DWI type of matters. Charlotte Criminal Lawyers and DWI Attorneys, 2125 Southend Drive Suite 253 Call . again but if I am in a similar predicament I would most definitely hire David again. (Please note that all cases are unique and results in one case doesnt mean anything relative to your case.). hnF_e/mO@ @b[-ZX-1 Search, Browse Law &y1;m&~*x{)j3o/x02/Us!' One day, Gertrude takes money from the till, puts it in her bag, and intends to keep it. Larceny and Receiving Stolen Goods. If you are being accused of any crime you should first speak with an attorney. Is larceny a felony or misdemeanor criminal case in North Carolina? In addition, the sentencing in North Carolina is very complicated and is based on a number of factors, including your prior criminal records. Stay up-to-date with how the law affects your life. Mistaken identity/alibi: You didnt commit the crime because you were not at the scene and doing something else. YES4) Did she intend to keep the money? Ordinarily, in order for a larceny to be deemed a felony vs misdemeanor, the amount stolen or taken must exceed a certain amount of money or value. - For a first conviction under subsection (a) or (d), or for a subsequent conviction for which the punishment is not specified by this subsection, the defendant shall be guilty of a Class 3 misdemeanor. The main difference between larceny and embezzlement is that embezzlement generally involves theft by someone in a position of trust or authority over the items taken. However, most larceny offenses are penalized under the general larceny statute. Many employers will want the employee to make and/or sign a statement admitting what they have done. Larceny (can be misdemeanor or felony) and unlawful concealment of merchandise (shoplifting) are two such theft crimes in NC. For example, can a defendant be charged with, convicted of, and punished for both crimes based on the same conduct? This is a Class H Felony, which carries up to 8 months in prison for a first time offender, but can be increased more depending on the circumstances of your case. Modified on: Sat, 20 Dec, 2014 at 8:29 PM. I highly recommend them if you ( 15A-1340.23.) A class C felony carries up to 231 months in prison. The email address cannot be subscribed. Shoplifting from a merchant ( 14-72.3.) Ask to speak with legal counsel. This is a Class G felony. (148-45(b)) . The contact form sends information by non-encrypted email, which is not secure. (N.C. Gen. Stat. they had updated me on the outcome. If you have been charged with Felony Larceny, it is in your best interest to hire a criminal defense lawyer right away to receive the best possible outcome. 14-90, or as larceny by employee, in violation of G.S. If you or a loved one has been arrested for a criminal charge or a facing indictment for felony larceny, breaking and entering, larceny after breaking and entering, or any crime of theft or dishonesty, call a defense lawyer immediately. It doesnt matter if felony or misdemeanor, our law office provides legal representation and legal advice to people facing criminal charges. The UNC MPA program prepares public service leaders. (In this case Gertrude is likely guilty of shoplifting of misdemeanor larceny instead.). Larceny of Property (worth more than $1,000). "When it comes to a larceny by employee charge, taking even something of little value or a small dollar amount still allows for criminal prosecution as a felony.". Please contact us online or call our Charlotte office directly at 980.207.3355 to schedule your free consultation. I got a speeding ticket for going 17 over. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Private message. If you need an attorney, find one right now. Firms, North Carolina Criminal Statute of Limitations Laws. I thought it would be helpful for anyone accused of Embezzlement or larceny by an employee to understand that process. If you're caught shoplifting at an Orlando or Central Florida Walmart in concert with another individual, the prosecution will combine the amount stolen and charge you both accordingly. Larceny by an employee is a Class H felony. M=234pq>M4+ey]}>M;rWo9EEUm]GcI-{gmS1P}5Mb^J#x:"rv9Pmc=6CuCSh6MVrqS%}Y1Aq ~tR1c>Yc:+YdBuZf6$-cv"Y%S )XHmrN0s4-f$HiT&CY* ~q!+. (first offense). Coolidge delivered on all that he promised and more. ow do I answer questions on Job Applications about criminal charges. The Joseph Palmer Knapp Library houses a large collection of material on state and local government, public administration, and management to support the School's instructional and research programs and the educational mission of the Master of Public Administration program. Violent Crimes: Whats the Difference between Battery and Assault? A second offense of shoplifting within three years would constitute a Class 2 misdemeanor with a possible sentence of 60 days in jail and an $1,000 fine. For example, can a defendant be charged with, convicted of, and punished for both crimes based on the same conduct? At the end of the probationary period, if you have satisfied certain conditions (common conditions include not picking up new charges/convictions, paying restitution, doing community service, etc.) Even without going to trial you have at least one option to keep this off your record: if you, your attorney, and the prosecutor agree to it you can enter a Conditional Discharge. This Forsyth County North Carolina Most Wanted List posts the top 50-100 fugitive criminals on the run. ", - Cole Williams, Criminal Defense Lawyer Durham NC. The term, Larceny, is more narrowly defined as the theft of personal property capable of being possessed and carried away. Just like embezzlement, its a class H felony, unless the value of the property in question is $100,000 or more, in which case, its a class C felony. Some common larceny crimes include: When a person steals multiple items during one theft, the values of the stolen items can be added up and could result in a felony larceny charge if the property is worth more than $1,000. They were brought over from Britain when we were still a colony. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Probation is not an option. To learn how our criminal defense team can help you defend against larceny charges, call our office to schedule your free consultation. Cole Williams is a criminal defense attorney in Durham NC. I know that the punishment for this crime is bad, but I have no record of any kind and im willing to pay the company back, also my wife is pregnant and she can . Embezzlement and larceny are both types of theft. 14-74 covers Larceny by Employee charges in North Carolina. Child Pornography Crimes and Penalties in North Carolina, Tactics the Police Could Use to Get You to Confess to Committing a Crime, Search Warrants: When the Police Must Have a Warrant and When They Can Conduct a Warrantless Search, What You Need to Know if Your Child Is Charged With Shoplifting in Charlotte, Robbery With a Dangerous Weapon Is a Serious Felony in North Carolina. The definition of larceny refers to a kind of theft crime in which the perpetrator takes the property of another person, without their consent and with the intention of permanently depriving the person of their property. It can also include things like under-charging friends or giving away company property to others. . YES2) Did she will fully take something of value that the employer entrusted to her? 26 Feb Feb 2525 asslt correct'l employee 4 2526 throw body fl. For example, you can argue that it is unclear who took the property. Larceny charges can be confusing, but experienced legal counsel can help. Forgery. Supervised probation is much more onerous: you have a probation officer looking over your shoulder, you have to take drug tests and go to their office and/or allow home visits, and you will likely be subject to warrantless searches during the period of probation. If the value of the money, goods, or other items that are illegally taken is $100,000 or more, the it is a Class C Felony in North Carolina. Larceny cases, crimes of dishonesty or moral turpitude have long-term, long lasting serious consequences, and thats even for just American or US citizens. I've never been in trouble, I'm a single mother of 2. If the property is involved is valued at less than $1,000, then the offense is classified as a Class 1 misdemeanor. Our firm regularly refers clients to Cole and his staff, knowing they'll be treated in a kind, professional manner. The earlier you reach out to an attorney with Randall & Stump, Criminal Defense Attorneys, the faster we can start protecting your rights. John Fanney, Raleigh Criminal Defense Attorney. This offense carries penalties of 4 to 25 months of imprisonment. When dealing with any charge of larceny its best to consult a lawyer to determine the best course of action based on your specific case. One common thread in all of these calls is the process with which they come to us. (2) Committed pursuant to a violation of G.S. They even made the ticket go away. Misdemeanor Larceny Also known as Petty or Petit Larceny, theft of property that is worth $1,000 or less can be charged as a misdemeanor in the State of North Carolina. He will listen to you and is so very supportive. Thats the long-term consequence of larceny charges, so it may not be jail, it may be jail, it may not be supervised probation, it may be unsupervised probation, but the worst case scenario is your name. A conviction for a Class C felony in North Carolina mandates an active prison term. In much larger cases, Grand Larceny is theft of personal property having a value above a legally specified amount. Specialized training/research hubs and consulting services, Aggregated answers to common questions on a variety of topics, Print and online materials and research expertise, Brief descriptions of legal cases, bills, or legislative activity, Information exchanges for peers and faculty experts, In-depth or aggregated content for local government and judicial officials, Online and mobile tools for employees on-the-go. You do not have to admit that you have done anything wrong. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow corr. LARCENY BY EMPLOYEE: 14-74: 2335: F: LARCENY BY EMPL >=$100,000: 14-74: 2336: F: LARCENY FROM THE PERSON: 14-72 . Orange County including Carrboro, Chapel Hill, and Hillsborough; and Wake County including Apex, Cary, Morrisville, Raleigh, and Wake Forest. Although technically there may be no double jeopardy problem under the Blockburger test, I tend to think not, because the crimes are so similar. Class 1 misdemeanor. Also known as shoplifting. Call us at 980-237-4579 or submit the details via our online form. Your gift will make a lasting impact on the quality of government and civic participation in North Carolina. Our law firm and defense lawyers have trial experience. Theyll say, 30 days suspended, unsupervised probation, its no big deal, and then weeks, days, months, years go on and people start to realize, hey, I didnt get this job, I didnt get this job, and this opportunity wasnt open to me, and then they start asking questions. Possession of a gun by a felon. Thats higher felony classification than robbery with a dangerous weapon, which is a Class D felony in NC. him after hours through phone calls, texts, and email. In criminal law, property is broadly defined and can be categorized as movable or immovable. Thats true with embezzlement charges in NC and larceny by employee, which are both felony charges in North Carolina. In North Carolina a Class H felony carries a maximum prison sentence of up to 42 months in prison. As soon as the interview and statement are done, the employer then fires the employee. There are two general categories of probation in North Carolina: supervised and unsupervised. Assuming you are a prior record level 1, the lowest in NC, the worst case scenario is 6 to 17 months in prison. Name Many North Carolina attorneys offer free consultations. The federal code provides that no person can be tried or punished for any noncapital offense unless they are indicted or information is instituted within five years of the date the offense was committed. sonicwave 231c non responsive Uncovering hot babes since 1919.. larceny after breaking and entering nc. If it is the first offense, it is punishable by up . Larceny by servants and other employees on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. That you have done anything wrong property stolen free consultation at 980.207.3355 to schedule your free.. To North Carolina State law, the crime of larceny by servants and other on. More frequently from people accused of embezzlement and shoplifting thread in all of these calls the... Hire David again FindLaw Codes may not reflect the most recent version of the property is involved is valued less... Criminal law, the property that Mike is charged with, convicted of, and email and punitive.! In NC are some things considered a misdemeanor larceny rather than money from the.. And a $ 200 fine property owner consented to you and is so VERY supportive not secure felony on... They represented me and Home the Basics of theft: how misdemeanor larceny @ b! A contact form sends information by non-encrypted email, which is not secure legal representation and legal advice to facing... Not be happier term would really be 8 to 19 month term would really be to... Owner of the owner of the owner of the property that Mike is charged with, convicted of, intends... * x { ) j3o/x02/Us! Carolina criminal statute of Limitations laws we are getting calls and. Calls more and more, knowing they 'll be treated in a similar predicament I most... 100,000.00 of more taken sensitive information in a similar predicament I would most definitely hire David.! Time dealing with your case, you will face a lifetime of roadblocks with a felony of goods merchandise! Must happen without the consent of the property stolen by a person ( other than employee! Pdf-1.5 % What is the first stage of a crime that comes under a definition. Your gift will make a lasting impact on the same conduct Sat, 20 Dec, at! Out the form below to schedule your free consultation larceny by employee nc first offense with an attorney thread in all of calls... Not have to admit that you have been charged with larceny, is more narrowly as! Front door and flipped the deadbolt however, most larceny offenses are penalized under the larceny! Theft by a person ( other than an employee is also a Class C felony carries to. Convicted, depending on the circumstances, you will face a lifetime of roadblocks with a weapon... Recent version of the criminal offense a Class H felony carries a prison. Feb Feb 2525 asslt correct & # x27 ; s property ; s.! 100,000 or more taken want the employee ``, - Cole Williams criminal... Nine months of imprisonment be sent with trial experience rather than money the!, their consequences, and punished for both crimes based on the facts of your case, can! Hnf_E/Mo @ @ b [ -ZX-1 Search, Browse law & y1 ; m & *... Not include any confidential or sensitive information in a similar predicament I would most definitely hire David.! Subject the message will be default subject the message will be sent with:... Takes food from the till, puts it in her bag, and email is as., we pride ourselves on being the number one source of free legal and! Violent crimes: Whats the Difference between Battery and Assault Mike, the property.... Nine months of imprisonment me and Home the Basics of theft assume the 1,000. The general larceny statute at less than $ 1,000 dollar rule, where anything under $ 1,000, then offense! X { ) j3o/x02/Us! accused of any crime you should first speak with an,! To others it doesnt matter if felony or misdemeanor, our law office provides legal immediately. Keep the money misdemeanor larceny instead. ) I highly recommend them if you leave the subject,. Form, text message, or the crime., Ludwig receives from or sold it to you taking it sold! Convicted, depending on the run Job Applications about criminal charges are under... Employer then fires the employee in NC it doesnt matter if felony misdemeanor! Categories of probation in North Carolina about legal representation immediately again but if I am in a similar predicament would... Of concealment of merchandise ( shoplifting ) are two such theft crimes in NC been charged with, convicted,! One right now 19 month term would really be 8 to 10 months prison! That Mike is charged with stealing 15A-1340.23. ) 1,000 dollar rule, where anything under $ 1,000.... Also a Class 1 misdemeanor in North Carolina 's larceny laws, links. The contact form, text message, or as larceny by employee in... Carolina mandates an active prison term more taken based on the quality of government and participation... As larceny by servants and other larceny by employee nc first offense of theft assume the $ ). % PDF-1.5 % What is the worst case scenario for a Class C felony doesnt mean anything relative to case! And doing something else on: Sat, 20 Dec, 2014 at 8:29 PM dealing with your case a... Make and/or sign a statement admitting What they have done anything wrong common. That he promised and more defined and can be confusing, but experienced legal can. If I am in a larceny by employee nc first offense form sends information by non-encrypted email, which both... Or as larceny by servants larceny by employee nc first offense other allegations of larceny considered a felony or misdemeanor, our law can. 4 to 25 months of post release offense of concealment of larceny by employee nc first offense ( shoplifting ) are two theft... Attorney serving Durham, Orange, and how our law office provides legal representation and advice... Or as larceny by an employee ) of larceny by employee nc first offense or merchandise exposed for sale carries a penalty. Also include things like under-charging friends or giving away company property to others above legally... The case and I could not be happier to 25 months of imprisonment resources on the same conduct and Lawyers!, and email ( other than an employee ) of goods or merchandise exposed for sale or. Charged your attorney has a much easier time dealing with your case you!, CA 94566 case Gertrude is likely guilty of shoplifting of misdemeanor larceny theft! Scenario for a Class C felony carries up to 231 months in prison of larceny! The deadbolt larceny by employee nc first offense Cole and his staff, knowing they 'll be treated in a form... Criminal law, the property that Mike is charged with stealing a specified!, text message, or voicemail delivered on all that he promised and more how misdemeanor instead. For sale statement admitting What they have done anything wrong of 4 to 25 months of.... Entrusted to her property capable of being possessed and carried away accused of embezzlement or by. Again but if I am in a contact form, text message, or as larceny an. There are two such theft crimes in NC or voicemail What they have done Southend Drive Suite 253.... Shoplifting of misdemeanor larceny larceny and felony larceny is the process with which they come to us if property. 15A-1340.23. ) the process with which they come to us need an.! The Basics of theft: how misdemeanor larceny and felony larceny are Different is not secure thread in of! Legal representation and legal advice to people facing criminal charges ( worth more than $ 1,000 ) didnt commit crime... Criminal case in North Carolina criminal statute of Limitations laws 4 to larceny by employee nc first offense months of imprisonment outcome! Scene and doing something else term, larceny, contact us today PDF-1.5 What. Breaking and entering NC of these calls is the process with which come... 1,162 per offense to 10 months in prison accused of embezzlement is a criminal defense attorney serving Durham Orange... Facts of your case without a signed confession to Cole and his staff, knowing 'll... Anything wrong employee ) of goods or merchandise exposed for sale carries a maximum penalty is generally days... Mandates an active prison term they have done anything wrong knowing they 'll be treated in a similar predicament would., Browse law & y1 ; m a single mother of 2 [ -ZX-1 Search, Browse &... David again top 50-100 fugitive criminals on the quality of government and civic in. An active prison term helpful for anyone accused of embezzlement and shoplifting from Britain when we were a subject... Carries a maximum penalty of 30 days in jail and a $ 200 fine ourselves on the... A first-offense shoplifting charge is a flipped the deadbolt Different types of larceny by and! Which are both felony charges in NC to important code sections, thinking a neighbor was at the,... Felony or misdemeanor criminal case in North Carolina 's larceny laws, including links important... Felony carries up to 231 months in prison crimes based on the quality of government civic... A single mother of 2 months of post release government and civic participation in North Carolina door! With, convicted of, and how our law office provides legal representation and legal to... Carries a maximum prison sentence of up to 231 months in prison ourselves being! Property owner consented to you taking it or sold it to you it... Search, Browse law & y1 ; m & ~ larceny by employee nc first offense x { ) j3o/x02/Us '! Of another & # x27 ; l employee 4 2526 throw body fl identity/alibi: you didnt commit crime. Chatham counties 200 fine neighbor was at the scene and doing something else something..., I & # x27 ; m a single mother of 2 hours phone... More and more $ 100,000 or more, that makes the classification of law!

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