Greensboro Theft Lawyer

Greensboro Theft Attorney

There are many kinds of theft a person can be accused of, incurring a broad range of penalties, including fines and imprisonment. Even when sentenced at the lowest class possible for theft crimes, the effects on your criminal record can be drastic, bleeding into job prospects, housing opportunities, and financial opportunities. If you are accused of theft in North Carolina, protect yourself from the severe consequences of a criminal charge with a Greensboro theft lawyer.

We offer reliable legal counsel in and out of court and strong advocacy for your rights during criminal proceedings. It can be easy to assume that you do not qualify for any sentence reductions or that you are not capable of having the charge dismissed, but with the help of a criminal defense lawyer, you open yourself up to great possibilities.

What Qualifies as Theft?

Theft, known formally in North Carolina as larceny, is defined as the unlawful, intentional, and non-consensual taking of another person’s property. The theft can be as small as something hidden in a pocket and shoplifted or as large as a vehicle. Due to the wide variety of property that can be stolen within the confines of larceny, sentences can also vary. The effects of a criminal charge can be life-changing.

How Many Kinds of Theft Are There in North Carolina?

Theft is an offense that is often intertwined with other offenses like burglary and some white-collar crimes. Because of this, it can be difficult to know how many forms of theft are recognized in North Carolina.

Crimes of theft or related to theft include:

• Shoplifting
• Carjacking
• Credit card theft
• Embezzlement
• Money laundering
• Robbery

Larceny charges can be divided into two kinds of offenses: misdemeanors and felonies. Misdemeanors generally have less severe penalties than felonies, although both can damage your criminal record. The difference between misdemeanor larceny and felony larceny comes from the value of what was stolen.

If the property is valued under $1,000, the offense is considered misdemeanor larceny. However, if the property is valued over $1,000 or livestock or dogs were  stolen, the offense is considered felony larceny.

Penalties for Theft Charges in North Carolina

Penalties for theft charges in North Carolina can range from lesser misdemeanor penalties to years of imprisonment as a felony. Penalties are dependent on the circumstances of your case, although an attorney can help you determine a close estimate.

Do I Have to Give Back What I Stole in a Theft Case?

Returning the property you stole is not a valid defense for larceny charges in Greensboro, NC since the theft has already been committed. However, stolen property must be returned to the victim. Returning the property can positively impact the sentencing of your case as well.

Defending Against a Theft Charge in North Carolina

With theft charges, the prosecution must prove that:

• Property has been wrongfully taken away from a person or entity
• Consent was not given by the victim for the items to be taken
• There was an intent to deprive the victim of their property

With this in mind, an experienced criminal defense lawyer can review the facts of your case and tailor a defense around it. At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, we believe every case warrants individualized attention and care. Some of the defenses we may pursue for a larceny case are:

• Lack of intent – Without intent, the incident cannot be considered larceny
• Ownership claims – If the object you took actually belonged to you, or you had reason to believe it was yours, the prosecution cannot prove your intent to steal
• Consent was given – If consent is given, the incident cannot be considered larceny.
• You were wrongfully accused – This can be the case if you were wrongly identified by the victim or if the victim knowingly accused the wrong person.

FAQs

How Much Theft Is a Felony in North Carolina?

A theft is considered a felony in North Carolina if the value of the stolen property exceeds $1,000 or involves theft of livestock or dogs. If the value of the property is less than $1,000, the offense is considered misdemeanor larceny. The difference in penalties between misdemeanors and felonies can be substantial in both jail time and money. An experienced criminal defense attorney can help you to get your sentence reduced.

Is Theft by Deception a Felony in North Carolina?

Yes, theft by deception is a felony in North Carolina. This occurs when a person comes into another person’s property through false pretenses with an intent to cheat or defraud the victim of property. If the value of the property is over $100,000, it is considered a Class C felony. If the value of the property is less than $100,000, it is considered a Class H felony.

How Long Do You Go to Jail for Possession of a Stolen Vehicle in North Carolina?

You can go to jail for possession of a stolen vehicle in North Carolina, even if you were not the person who stole the vehicle. Knowingly  possessing a stolen vehicle is considered a Class H felony, which can have a maximum imprisonment sentence of 39 months. A person who possesses stolen property may be tried the same way that the thief is tried.

What Is the Law for Possession of Stolen Property in North Carolina?

The law for possession of stolen property in North Carolina (statute § 14-71.1) is that people who knowingly possess stolen property can be tried with the same standards as the person who initially stole the property. It is also not enough for the defendant to prove that they didn’t know the property was stolen if there is any evidence to suggest it was obvious.

Aggressive Criminal Defense for Theft Charges in North Carolina

Criminal charges can greatly affect the trajectory of your life and leave you dealing with harsh consequences for many years to come. With a skilled Greensboro theft lawyer, you have the opportunity to reduce your sentence or even get your charge dismissed. Don’t hesitate to reach out to LAWSMITH, The Law Offices of J. Scott Smith, PLLC. Contact us today to schedule a consultation and learn how we can defend your case.