Hiltzheimer North Carolina Larceny Attorney

Under North Carolina criminal laws, there are two broad categories of criminal charges for larceny: Misdemeanor and felony larceny. Shoplifting is a related charge that falls under its own category.

Misdemeanor Larceny Charges

Typically, if the stolen property involved has a total value of $1,000 or less, you can be charged with misdemeanor larceny (also called petty larceny or petit larceny). This crime is a Class 1 misdemeanor.

Felony Larceny Charges

You can face felony larceny (also called grand larceny) charges if you are accused of stealing property worth more than $1,000. Under North Carolina larceny laws, this is a Class H felony. However, there are some cases, including the following, in which larceny is automatically a felony charge regardless of the stolen property’s value when you are accused of the following:

• Taking property directly from a person
• Removing or deactivating an anti-theft device in a retail store
• Obtaining the property by breaking and entering
• Stealing property that is a firearm or an explosive
• Stealing property that is a record in the North Carolina State Archives
• Committing larceny while having four or more previous larceny convictions
• Stealing a catalytic converter
• Stealing any car part where the cost of repairing the car is $1,000 or more
• Stealing a dog
• Stealing company merchandise as an employee or steal from an organization as someone in a position of trust

It’s important to note that you can also be charged with a felony if you simply possess stolen property. For example, if your friend steals a gun that you’re later found to be in possession of, you could be charged with felony possession of stolen property.

Shoplifting

The crime of shoplifting under North Carolina law comes under NCGS § 14-72.1(a), which covers concealment of merchandise in commercial establishments. In order to be convicted of shoplifting, the prosecution must prove that you concealed merchandise at a store, without having purchased that item, while still remaining on the premises. The state does not have to prove that you left the store, or even intended to leave the store, but only that you concealed the item without having purchased it.

Under NCGS § 14-72.1(d), you can also be charged with shoplifting for transferring a lower price tag from one item to another, otherwise by changing the price on an item in order to purchase it at a lower price.

Transferring of a price tag from one item to another in order to receive a discounted price is also a criminal offense under the shoplifting law in North Carolina. Similarly, altering the price marking (for example, with a pen, or by applying your own price tag) will trigger the same criminal charge.

Use of Lead- or Aluminum-Lined Material to Conceal

The above-referenced offenses are all classified as misdemeanors in North Carolina, but if you are alleged to have used a lead-lined or aluminum-lined item — for example a bag, or a pocket — to prevent anti-theft security devices from triggering an alarm, you will be charged with a Class H felony.

Here is the relevant NC code governing the range of shoplifting charges described above:

• § 14-72.1. Concealment of merchandise in mercantile establishments.
  • Willfully concealing merchandise within a store.
    • First offense, Class 3 misdemeanor. Mandatory 24 hours community service if jail sentence is suspended.
    • Second offense within three years, Class 2 misdemeanor. Mandatory 72 hours community service if jail sentence is suspended.
    • Third or subsequent offense within five years, Class 1 misdemeanor.
    • Use of lead or aluminum bag, pocket, or “similar” device to prevent activation of anti-theft device, Class H felony.

Embezzlement is a separate category of theft in North Carolina that relates to the relationship of the individual accused of the theft to the alleged victim. For example, theft by a trustee from a fund, or theft of state property by a state official. Anyone in such a position who embezzles goods or property may face felony criminal charges, with a range of potential penalties depending on the value of the money or property and the specific relationship. Some of the specific crimes classified under the North Carolina code are as follows:

• § 14-90. Trustees, fiduciaries, others exercising a public trust. If the value of the embezzled money/property is $100,000 or more, a Class C felony. If under $100,000, a Class H felony.
• § 14-91. Public employees, including city and state government workers, and public officials, embezzling state property. If the value of what was embezzled is $100,000 or more, a Class C felony. If under $100, 000, a Class F felony.
• § 14-92. Public officers and trustees. If the value of what was embezzled is $100,000 or more, a Class C felony. If under $100, 000, a Class F felony.
• § 14-93. Treasurers of charitable and religious organizations. If the value of the embezzled money/property is $100,000 or more, a Class C felony. If under $100,000, a Class H felony.
• § 14-94. Officers of railroad companies. If the value of the embezzled money/property is $100,000 or more, a Class C felony. If under $100,000, a Class H felony.
• § 14-97. Appropriation of partnership funds by partner to personal use. If the value of the embezzled money/property is $100,000 or more, a Class C felony. If under $100,000, a Class H felony.
• § 14-98. Embezzlement by surviving partner. If the value of the embezzled money/property is $100,000 or more, a Class C felony. If under $100,000, a Class H felony.
• § 14-99. Embezzlement of taxes by officers. If the value of what was embezzled is $100,000 or more, a Class C felony. If under $100, 000, a Class F felony.

Larceny by Employee

“Larceny by Employee” is treated as a separate offense from embezzlement in North Carolina, though there can be overlap between the charges as defined in the North Carolina code. The penalties are very similar, but the state legislature decided to carve out two separate offenses. The potential penalties are as follows:

• § 14-74. Larceny by employee. If the value of what was embezzled is $100,000 or more, a Class C felony. If under $100,000, a Class H felony.

If you are charged with shoplifting, or any criminal charge, you have the right to remain silent, and in almost every scenario it is in your interest to take advantage of that right. In no case should you confess to committing any criminal act without an attorney present and without the advice of that attorney. If you invoke your right to remain silent, as opposed to “coming clean” to the authorities on the scene, you will give the State one less piece of evidence to use against you in the prosecution of your case. And if you retain an experienced trial lawyer from Hiltzheimer Law Office, we will meticulously evaluate your case for every possible defense.

Deferred Prosecution

If you are charged with a theft charge, shoplifting, or otherwise, in North Carolina, and you have no prior criminal record, you may be eligible for a deferred prosecution agreement. Hiltzheimer Law Office has successfully negotiated deferred prosecution agreements for numerous clients in a wide range of misdemeanor and felony cases. If you are fortunate enough to be accepted into a deferred prosecution agreement, and you successfully complete the terms, your case will be dismissed in its entirety upon completion of the program — typically community service, a probationary period, and restitution in some circumstances.

Expungement of Shoplifting Charges

Many people mistakenly believe that if their shoplifting or other theft charge is dismissed, their record is clean. But if an employer, school, or government agency runs a comprehensive criminal record check, they will be able to see that you were charged with a crime. While it may seem unfair, some employers will decline to hire an individual just because he or she was previously charged with a crime. As a result, you may want to consider petitioning the court for an expungement, if you are eligible, which effectively wipes your record clean after securing a dismissal of the charge.