Larceny by Employee

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North Carolina larceny laws come in a variety of forms and are more nuanced than many people realize. For instance, if you’ve heard of the crime of larceny by an employee, you might reasonably think that the penalties are the same as those for other larceny charges.

However, in North Carolina, larceny by employee is a distinct offense — and penalties are often worse than those for felony larceny that wasn’t committed by an employee. If you are facing criminal prosecution for larceny by employee, there are two critical things you should do — exercise your right to remain silent and find a competent criminal defense attorney.

At Hiltzheimer Law Office, our team has built a reputation for combining fierce advocacy and compassionate support. We understand that many of our clients are in the midst of one of the most tumultuous times of their lives, and we are committed to doing whatever we can to help. If you need an attorney for larceny by employee in North Carolina, contact us to book your free consultation today.

What Is Larceny by Employee NCGS § 14-74 in North Carolina?

Larceny by employee, under NCGS § 14-74, is a reference to the portion of the North Carolina General Statutes that outlines the legal consequences for employees who are convicted of stealing from employers.

Unlike the crime of embezzlement, larceny by an employee doesn’t necessarily require that the property you steal has been specifically entrusted to you. This means that you can be charged with this crime if you steal merchandise from a store where you are employed, but you can also be charged if you steal your employer’s personal property.

The crime of felony larceny by employee must also meet the basic elements of larceny in North Carolina, including the following:

You knew the property stolen was not yours
You intentionally took it
You moved the property
Your intent was to permanently deprive your employer of the property

These elements might seem needlessly specific, but they help ensure that a common misunderstanding doesn’t lead to undeserved charges.

For example, suppose that you work for a small business. You and your boss have similar-looking cell phones, and on your way out, you accidentally take your boss’s phone and leave yours behind. This would not warrant larceny charges because you didn’t realize the property wasn’t yours. You weren’t intending to steal something from your employer — you simply thought you were leaving with your own cell phone.

Notably, while state law is very clear when it comes to what constitutes larceny by an employee, it also specifies that larceny charges cannot be filed against an employee who is under 16 years of age.

A male employee stealing cash at the checkout in a store

Is Larceny by Employee in North Carolina a Felony or Misdemeanor?

Larceny by employee is always a felony charge. However, the level of felony you’ll be charged with depends on the value of money or company property you allegedly stole:

Class H Felony: Total value of stolen property is less than $100,000
Class C Felony: Total value of stolen property is $100,000 or more

In North Carolina, felonies can range from Class I (lowest level) to Class A (highest level). To put the seriousness of a larceny by employee charge into perspective, stealing company property worth at least $100,000 is a higher-level felony than armed robbery (a Class D felony).

While a Class H felony isn’t as serious as a Class C felony, any kind of felony conviction can have life-altering effects. Even if you’re facing larceny by employee in NC (first offense), you should retain legal counsel as soon as you possibly can.

Gavel with handcuffs on opened book. Close up. Justice concept.

Penalties and Consequences of a Conviction

If you’ve been charged, you probably wonder what a larceny by employee sentence in NC looks like. When it comes to prison sentences, your possible sentence depends on what level of felony you’ve been charged with.

Class H Felony: 4 to 42 months in prison, which could be suspended with a probationary sentence, depending on your record.
Class C Felony: 44 to 231 months in prison.

In North Carolina, determining the sentence for felonies is uniquely complex. The court will take your criminal record into account, assigning certain point values to previous misdemeanor and felony convictions. The greater the total points you’ve accumulated, the closer you’ll come to the maximum punishment.

It’s worth noting that for lower-level felonies, including Class H felonies, jail time is not always required. If the court sees fit, it might sentence you to probation and community service (or a similar combination). With a skilled larceny by employee attorney advocating on your behalf, it may be possible to negotiate a resolution that doesn’t result in a conviction at all, by way of a deferral or conditional discharge.

will also consider aggravating factors (circumstances that make your case worse) and mitigating factors (circumstances that make it less severe). Trying to figure out what kind of sentence you’re up against can be very difficult, but a larceny by employee lawyer in North Carolina can help you gain a better understanding.

In many cases, a felony larceny conviction will also require you to pay fines, pay restitution, or both. If you aren’t ordered to pay restitution in a court of criminal law, that doesn’t necessarily mean you won’t have to. Your employer might file a civil case against you in order to be reimbursed for the value of the stolen goods.

However, the consequences of a conviction on felony larceny charges extend well beyond the sentence itself. Some crimes carry a greater social stigma than others, and while larceny may not be as serious as murder or sexual assault, it can be extremely difficult to overcome a reputation as a thief.

That reputation can start to cause serious problems if you’re trying to find employment. Few employers want to hire someone with a recent larceny conviction — especially if that conviction was for stealing from a previous employer.

Defense Options and Next Steps

A charge of felony larceny by employee in NC is something you should take extremely seriously. When you work with the criminal defense attorneys at Hiltzheimer Law Office, we’ll take the time to build a personalized defense.

Many people make the mistake of thinking that if they actually committed the crime they’re accused of, there’s no way they can be acquitted or otherwise avoid a conviction. However, if a case goes to trial, a criminal defense attorney doesn’t have to prove that you’re innocent. They only have to convince a jury that there is reason to doubt the state’s evidence. While every case is different, your legal team might use defense arguments like these:

You believed you had permission to take the property
You didn’t intend to take the property permanently
Another employee took the property
You accidentally took the property
Someone else took the property
The prosecution hasn’t proven your guilt beyond a reasonable doubt

It can be useful to understand some of the strategies your attorney can use, but you don’t have to worry about building a defense strategy yourself. If you’ve been charged, your primary responsibility is to reach out to a larceny by employee lawyer as soon as you can.

What Are Related Charges to Larceny by Employee?

In many cases, someone who is facing felony larceny charges is also facing similar charges. Here are some of the criminal charges most closely related to larceny by employee:

Embezzlement

Embezzlement is a similar offense to felony larceny. In this crime, someone (often an employee, someone holding public office, or another person in a position of trust) unlawfully takes money or property that has been entrusted to them.

Identity Theft

Many people mistakenly think that the crime of identity theft must involve a complex scheme to defraud someone. However, identity theft can be as simple as taking and using someone’s credit card, debit card, or financial information without their consent.

Larceny charges happen because you’ve stolen another person’s property, so if you commit larceny by stealing your employer’s wallet, you could easily commit identity theft by using the credit cards in that wallet.

Burglary

Burglary is related to larceny because it is in many cases another category of theft crime theft crime. Burglary involves breaking into a closed space (like a home or office building) with the intention of committing a crime. More often than not, the intended crime is larceny.

Robbery

Robbery is a violent theft crime. It involves using force or threatening force in order to commit theft.

FAQ

Unfortunately, having a clean record or being a first-time offender does not automatically mean that you can avoid a conviction if you’re arrested for a felony charge. Larceny by employee in North Carolina is always a felony, and you will need an experienced larceny attorney to represent you and explore any and all options that may allow you to avoid a conviction or a harsh sentence.

In North Carolina, even if convicted of a Class H felony larceny charge, you may not be required to serve jail time. The judge presiding over your case has some discretion when it comes to sentencing, and they may choose to sentence you to community service, probation, or other non-incarceration penalties. In some cases, any jail term or probationary determination can be negotiated in advance by your attorney with the District Attorney’s office.

Larceny by employee laws specify that there is no minimum value of stolen goods for you to be charged — and these cases are always felonies. However, the level of felony you’re charged with depends on how much is stolen. If the total value is less than $100,000, you’ll be charged with a Class H felony. If the total value you are alleged to have stolen is $100,000 or more, you’ll be charged with a Class C felony.

If you’re convicted of a larceny by employee charge, there is a wide range of potential outcomes. In a best case scenario, your attorney may be able to negotiate a deferral or conditional discharge and keep your record clean. At the other end of the spectrum, you could face prison time and substantial fines. In nearly every case, restitution for the value alleged to have been stolen will be a requirement of any negotiated outcome or judgment following a conviction following a trial.