If you are charged with theft or larceny, you face both criminal penalties and long-term consequences for your record, employment, and reputation. You need experienced legal representation to protect your rights and seek the best possible outcome.

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What Is Larceny?

In North Carolina, larceny (or theft) involves taking property that does not belong to you, without consent, and with the intent to permanently deprive the owner of the property. The key legal components include:

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1. Taking and carrying away

2. The personal property of another person in their possession

3. Without consent

4. With the intent to permanently deprive the possessor of it permanently

5. With the knowledge that you are not entitled to it

 

Classification of Larceny Charges

The classification and severity of larceny charges tend to depend on the value of the property taken and certain aggravating factors. Examples include:

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• Larceny of property valued at $1,000.00 or less is a Class 1 misdemeanor

• Larceny of property valued at more than $1,000.00 is often charged as a Class H felony

• Larceny by employee is a Class H felony, however it can be a Class C felony if the value of the property is $100,000.00 or more. 

• Certain larcenies can be felonies regardless of value when:​

  • The item was a firearm or explosive device

  • The defendant has four or more prior larceny convictions

  • The larceny involved breaking and entering or disabling anti-shoplifting security devices

  • The property was taken directly from another person, or an employer

• Shoplifting by concealing merchandise is a Class 3 misdemeanor

• Obtaining property by false pretenses is a Class H felony if the property is valued at $100,000.00 or less, if $100,000.00 or more it is a Class C felony

• Embezzlement similarly is a Class H felony if the amount in dispute is $100,000.00 or less, and a Class C felony if the amount is $100,000.00 or more.  
   

Potential Penalties for Larceny

The sanctions for larceny offenses vary by classification, value, prior record level and other factors. Possible outcomes include:

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• For misdemeanor larceny: up to 120 days in jail, fines, probation, restitution

• For felony larceny: possible prison term of several months to years, significant fines, restitution, supervised probation

• Additional consequences: criminal record, difficulty obtaining employment or housing, restrictions on certain professional licenses, enhanced penalties for repeat offenders

 

Deferred Prosecution 

For first time offenders charged with theft crimes, we are often able to enter into deferred prosecution agreements by negotiating with the District Attorney’s office. Through a deferred prosecution or conditional discharge, we are often able to get all charges dismissed entirely. 

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Why Effective Legal Representation Matters

Facing theft or larceny charges requires strategic defense because:
 

• Certain facts may elevate a larceny charge automatically to felony status

• Your prior criminal record or prior larceny convictions may increase penalty exposure

• Early action can lead to alternative resolutions, plea negotiations, or mitigation efforts

 

What to Do If You Are Charged

If you have been charged with a larceny offense:

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1. Avoid making statements to law enforcement or the victim without your attorney present

2. Preserve evidence and documentation, including receipts, store video records, surveillance footage, communications

3. Contact a criminal defense attorney immediately