What is misdemeanor larceny?

Raleigh larceny lawyer

Misdemeanor larceny is a misdemeanor crime in North Carolina where the person has taken property of another with the intent to permanently deprive the other person of its use, and the value of the property is $1,000 or less.

Essentially larceny is theft, although there are other types of theft – theft by fraud, for instance. A larceny can also be a felony if the value of the property exceeds $1,000, or is committed while the person is an employee and took the items during employment, or took the items from the person directly, or the item is a firearm. N.C.G.S. § 14-72 is the relevant statute for most larceny crimes in North Carolina.

Will I be convicted of a larceny?

We often see in our offices people who have been accused of larceny, sometimes in connection with shoplifting. They otherwise have no criminal record, and are sorry for what they have done. Or they have been wrongfully accused. In either case, a larceny case usually has three possible outcomes.

First the person may be eligible for a diversion or deferral program as explained below.

Second, the person may be ineligible for a diversion or deferral program, but may wish to plead guilty to avoid a harsher sentence. If so, your criminal lawyer will enter into negotiations with the District Attorney to try to arrive at the best outcome for you.

Finally, the person may wish to have a trial, which in District Court will involve a judge ultimately making a decision about whether the state has proved its case beyond a reasonable doubt.

If found guilty after a District Court trial, the defendant has the right to appeal the case for a trial de novo.

Am I eligible for a diversion if charged with larceny?

If you’ve never been convicted of a crime before, and if you have never participated in a diversion program before, you may be eligible for a diversion or deferred prosecution agreement whereby you will be asked to complete community service, pay court costs and fines, and return to court after either six months or a year for a compliance date where the charges would be dismissed if you are in fully compliance with the deferral program.

Should I have a trial in my larceny case?

If you believe you are innocent of the charge, or you believe the state has a very weak case against you, you may wish to have a trial. The risk of a trial is that you will be convicted of the charge, and punished. Misdemeanor larceny is a class 1 misdemeanor, punishable by up to 120 days in jail. In most cases, for people who have not been in trouble before, probation would be imposed. In fact, for first time offenders, a person may not be jailed as a result of a misdemeanor larceny conviction, except if they violate probation.

Talk to your Raleigh criminal lawyer about whether your should go to trial given the facts of your case.

Do I need a lawyer for a first time misdemeanor larceny charge in North Carolina?

My daughter was arrested for shoplifting from WalMart. She only took $90 worth of merchandise. Do I need to get her a lawyer for a first time misdemeanor larceny charge in North Carolina?

It is likely, though not mandatory, that your daughter will qualify for a first offender program. However, you or she should at least request a court appointed lawyer or public defender, given that the conviction for misdemeanor larceny is a class 1 misdemeanor, and has significant implications for her ability to get employment in the future – employers tend to be skeptical of hiring people with theft or shoplifting charges.

The good news is that it’s likely that this matter can be resolved in her favor. It just may take some work to do so.

How much time can I serve for a Raleigh shoplifting charge?

Most people think of shoplifting charges as minor charges. When they’re caught at the Crabtree Valley Mall, or Cary Town Center or one of the local Kohls, Wal-Marts or Targets, they suddenly realize just how terrible these charges can be, not just for their freedom, but also to their future job prospects.

An arrest is a public record, so the moment you are arrested is the moment a potential or current employer can see a record of your arrest. In addition, WRAL and other news outlets, including the tabloid The Slammer, frequently publish the booking photographs. Those photographs can remain on the web for years, even if your case is successfully dismissed and even expunged.

Moreover, certain websites, which operate almost like a scam, will post your photograph, and offer you the opportunity to take down those photographs if you pay them a fee. The problem is that once you pay, those networks will take down your photograph, only to post it on another website with another demand that you pay. While not ethical, this is probably quasi-legal behavior.

Do you face jail time for a shoplifting charge? The answer is, it depends on your record and on what you’ve been charged with.

If you’ve been charged with misdemeanor shoplifting or misdemeanor larceny, and you have no prior criminal record, you cannot be placed in jail by the judge. That sentencing block provides that the maximum possible crime is court costs, a fine, and community service, and possible probation, which can either be supervised or unsupervised.

The problem is that sometimes when people are in the process of committing a shoplifting offense, they either remove one of the anti-inventory devices that is designed to prevent theft or they try to use something like a lead-lined bag to prevent the items from giving off signals that trigger alarms.

Both of these acts – the removal of an anti-inventory device and the use of a lead-lined bag – qualify as felonies. In addition, stealing from a merchant by itself can be charged as a felony larceny on its own terms.

If charged as a felony, the shoplifting offense now qualifies for a jail sentence because it is a class H felony. It is rare for a first time offender to be sanctioned in that way.

Nonetheless, the mere fact that someone qualifies for a felony conviction raises the stakes, since a felony conviction will have life-long consequences, including affecting a person’s ability to have certain kinds of careers.

Handling a Felony Larceny or Misdemeanor Larceny Case in Raleigh

Shoplifting can be charged in one of two ways in North Carolina, either as a misdemeanor larceny case (especially where the value is under $1,000) or as a felony larceny case (where the value exceeds $1,000 or where the person has removed the security device from the item).

In certain cases, a person charged with shoplifting may be eligible for either a misdemeanor or felony first offenders or diversion program. These programs permit the person to reimburse the store, admit guilt, and perform community service. In the case of the misdemeanor, the person will generally be required to complete 75 hours of community service. In the case of the felony, the person will generally be required to complete 225 hours of community service.

It is always advisable to hire alawyer to handle these matters. That’s because the exact terms of the diversion program are sometimes negotiable. In addition, a criminal lawyer in Wake County may be able to negotiate a shorter probationary period during which the community service must be completed, which will reduce the chances of violating the deferral program’s conditions.

In addition, a skilled will be able to defend the person if the person is not eligible for a first offenders or diversion program.

Hiring a lawyer can also be important if the defendant is in the United States on a green card or temporary work visa, or other immigration status. That’s because larceny is a crime of moral turpitude, and may be subject to immediate removal or deportation from the United States. Consequently, if a defendant agrees to a first offender program and writes out a statement of guilt, that statement of guilt may be used against them in deportation proceedings, even if the underlying charge is dismissed.

Hiring a lawyer can be well worth the expense, whether you are an American citizen or a foreigner here in the United States on a visa or permanent resident status.

How can I get a misdemeanor larceny off my record?

In North Carolina, you can only remove a misdemeanor conviction for larceny from your record if the offense was committed prior to your 18th birthday. If you were convicted of the misdemeanor larceny, and were older than 18 years at the time of the offense, then you can apply for an expungement, but must wait 15 years and have no intervening criminal convictions.

If the charge was dismissed, then you can have it removed through expunction regardless of your age, understanding that you only get one expunction in your life.

In certain circumstances, you can file a Motion for Appropriate Relief to re-open a closed criminal case to try to get it dismissed. This requires a very skilled and knowledgeable Raleigh criminal lawyer.

Handling a Wake County Larceny

A larceny is a type of theft. There are various types of theft in North Carolina – Embezzlement, Obtaining Property by False Pretenses, and Larcenies. In addition, there are various kinds of frauds. Sometimes the distinction between a fraud and a theft is hard to make out.

Larcenies – unlike Obtaining Property by False Pretenses and Embezzlements – can be either misdemeanors or felonies.

A larceny in Raleigh will typically be a misdemeanor if the value of the item in question is $1,000 or less.

However, a larceny can be a felony if the item is valued at $1,000 or more, or the item was taken from the person.

Those charged with misdemeanor larcenies in Raleigh for whom this is the first offense may be eligible for a first offenders or deferral program, where if they comply with the program, they would have the charges dismissed after 6 months or a year.

Those charged with misdemeanor larcenies who do not qualify for a deferral or first offenders program will need to fight the case on the merits. If this is a case involving shoplifting, and if the store does not send a representative, the case may be eventually dismissed, although you run the risk that if the representative does appear, you could be convicted.

Raleigh Embezzlement and Federal Embezzlement Law

In these tough economic times, embezzlement has become a crime more frequently prosecuted by either the state or federal prosecutors in North Carolina.

That’s because either employees have been taking money from employers to make ends meet, or employers are accusing innocent employees because employers want to stop “shrinkage” or the loss of money or merchandise that is not the employees’ fault.

Each embezzlement case is unique. Whether you are facing an embezzlement charge in Wake County, or in the Eastern District of North Carolina (federal court), you need a lawyer who knows how to work in both the state and federal courts.

North Carolina’s criminal code describes the crime of embezzlement, which is a form of theft.

Embezzlement may be:

* property received by virtue of office or employment
* state property by public officers and employees
* funds by public officers and trustees
* by an officer of a railroad company
* or by a surviving partner of a business partnership
* or may be defined under Federal Embezzlement Laws

The U.S. Code, Title 18 lists the many provisions of federal embezzlement lawsystem.

Under state law, embezzlement may be either a Class H felony (which is a fairly low level felony) or, if above $100,000 in value, a Class C felony (which is a fairly serious felony).

A Wake County district attorney or federal United States Attorney must prove that the defendant – you – had the intent at the time of the incident to embezzle or that you knowingly and willfully converted money (or any other kind of property) to your own use

Damon Chetson has experience in both state and federal courts. He has represented people accused of everything from drunk driving and driving while impaired, to people accused of drug trafficking and rape. He has also resolved many embezzlement cases before they reach the charging and arrest stage by negotiation resolutions with employers to avoid arrest.



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