Being convicted of larceny creates more than a blemish on your record. Potential colleges or employers may not see it as a one-time mistake or brief lack of judgment. Despite your having paid your debt to society through fines, incarceration, and other punishments, future employers and others may see this as a mark of a bad character and dishonesty. One conviction can significantly impact your life and create numerous hurdles for you to jump, in order to gain an education and build a career.
At Randall & Stump, PLLC, we have seen firsthand the significant consequences of larceny charges, which is why we work hard to defend Mecklenburg County residents. Our larceny defense attorneys use their knowledge gained through years of experience to thoroughly investigate and analyze our client’s cases. We then focus on building a strong, comprehensive, and aggressive defense that refutes the prosecutor’s potential arguments.
We take pride in making each of our clients a priority. We are committed to listening to every one of our clients and guiding them through this difficult time with compassion and honesty. To discuss how we may be able to help you defense against theft charges, call Randall & Stump, PLLC at or submit your details through our online form. We will get back to you as soon as we can about schedule a free and confidential consultation today.
Larceny in North Carolina
You have likely heard of petty theft and grand theft. If you have been accused of stealing, you may expect your charges to be defined as petty larceny or grand larceny. However, under NCGS §14-70, North Carolina abolished the distinction between petit and grand larceny. You may still hear others refer to the crimes this way, but a prosecutor will not.
If you are accused of stealing property, you may be charged with larceny under NCGS §14-72, which covers both misdemeanor larceny and felony larceny in North Carolina. If the property or goods you are accused of stealing or receiving, knowing them to be stolen, are worth less than $1,000, then you will be charged with a Class 1 Misdemeanor. If the property was valued at more than $1,000, then it is typically a class H felony. Additionally, habitual misdemeanor larceny in NC becomes a felony. Under NCGS §14-72(b)(6), you can be charged with a felony if you have four previous convictions for misdemeanor larceny.
If you are facing larceny charges of any type, you need to speak with a Charlotte criminal lawyer right away. It is the prosecutor’s burden to prove each element of larceny beyond a reasonable doubt:
- You took property;
- You carried the property away;
- Without the property owner’s consent;
- With the intent to deprive the owner of their property; and
- Knowing the property was not yours.
However, without putting up a strong defense, you will make it easier for the prosecutor to prove these elements and secure a conviction. By hiring an experienced larceny lawyer, you have someone who will find the weaknesses and holes in the prosecutor’s case and will point those out to the jury and judge. Your defense attorney is there to create the doubt you need to avoid a conviction.
Larceny by an Employee
Under NCGS §14-74, larceny by an employee is always a felony, regardless of the value of the item(s) being stolen. If you conceal property while in your place of work, then you will be charged with a felony larceny charge. This may include putting property inside a locker or your jacket pocket, and then failing to pay for the item. This offense is a class C felony, which could result in up to 146 months in prison.
Possessing or Receiving Stolen Goods
If you are convicted of possession of stolen goods or receiving stolen goods, you may face a felony under NCGS §14-71, §14.71.1 or §14-72. If you possess or receive a chattel, property, money, valuable security, or other things, the stealing amounts to a felony larceny. This crime typically amounts to a class H felony. Your sentence would depend on your prior criminal history and other mitigating and aggravating factors.
Shoplifting in Charlotte
A form of misdemeanor larceny is shoplifting, called concealment of merchandise in mercantile establishments under NCGS §14-72.1, which is typically just referred to as shoplifting/concealment of goods. If you are accused of intentionally concealing merchandise or goods in a store, without purchasing those goods, you can be charged with a misdemeanor. Shoplifting or concealment of goods would be the charge prior to you exiting the store. If you conceal property and exit the store, the charge becomes larceny. You can also be charged with a misdemeanor crime if you intentionally transfer price tags from one item to another in order to try and pay a lower price.
A first-time shoplifting offense is usually a class 3 misdemeanor. The only way to avoid incarceration is to obtain a suspended sentence and serve community service. A second shoplifting offense within three years of your first conviction is a class 2 misdemeanor. Your sentence may be suspended if you spend 72 hours in jail or 72 hours of community service, or both. A third or subsequent shoplifting offense within five years is charged as a class 1 misdemeanor. Your sentence may be suspended on special condition of probation. You must serve at least 11 days in jail.
Shoplifting may become a felony if you use a lead or aluminum lined bag that prevents activation of an anti-shoplifting device. If you tamper with security tags, then you may be charged with a class H felony. If you are facing shoplifting charges in Mecklenburg County, you should contact a Charlotte shoplifting lawyer from Randall & Stump, PLLC at .
Penalties for Charlotte Larceny Offenses
It is important to note that North Carolina has a sentencing system that indicates what type of penalties you may be punished with upon conviction. Those sentences include:
- Active – Active punishments include a term of incarceration.
- Intermediate – These sentences typically include supervised probation during which you may complete community service, and various educational or treatment programs.
- Community – Community punishments include terms such as probation, house arrest, and more.
Depending on the details of your case and the facts surrounding your arrest, your punishment for larceny offenses may be active, intermediate, or community-based. Contact a
larceny defense attorney at Randall & Stump, PLLC to learn more. .
Misdemeanor Larceny Punishments in Charlotte, NC
If you are charged with misdemeanor larceny in Charlotte, you face potential jail time upon conviction. For a first offense misdemeanor larceny charge, if convicted, you may be able to avoid incarceration and go through probation and community service with the help of an experienced attorney.
A misdemeanor larceny offense can be punished with:
- Class A1 Misdemeanor – Up to 150 days in jail
- Class 1 Misdemeanor – Up to 120 days in jail
- Class 2 Misdemeanor – Up to 60 days in jail
- Class 3 Misdemeanor – Up to 20 days in jail (or a fine only)
The amount of time for which you are sentenced depends on mitigating and aggravating factors, such as your prior criminal history. If you are concerned regarding the length of time you could spend in jail for a misdemeanor larceny offense, contact an experienced criminal defense lawyer at Randall & Stump, PLLC.
Felony Larceny Punishments
If you are accused of stealing more than $1,000 worth of property, you should speak with an attorney about felony larceny jail time in North Carolina. Many theft crimes are charged as class H felonies, however other larceny activities are more serious felonies. For a class H felony, you could face up to 20 months in prison.
If there are mitigating factors in your case, you may face less time in prison. However, if there are aggravating factors, you could face a longer period of incarceration. For more specific information regarding the potential penalty for a felony larceny offense, contact Randall & Stump, PLLC at .
Possible Expungement for Larceny Charges in North Carolina
There is the possibility you can have misdemeanor larceny expunged in North Carolina after a certain period of time. As of December 1, 2017, non-violent misdemeanor convictions can be expunged after five years. If your larceny case was dismissed or you were found not guilty, there is no waiting period to have the arrest and charges expunged from your record.
For felony larceny convictions, the same rules apply. However, the waiting period for expungement is 10 years. Contact an expungement lawyer in Charlotte, NC to learn more about getting your larceny conviction expunged from your record.