Theft Attorney

Being accused of stealing may be your worst nightmare, particularly when you have never before been involved in anything illegal. It is the type of charge that can immediately dissolve trust between you and your employer, friends, and family.

Despite your ruined reputation and the possible criminal penalties, you may suddenly lose your job or be placed on a leave of absence. The consequences of a theft charge can be devastating before you ever set foot in the courtroom, which is why it is essential to work with a skilled North Carolina criminal defense attorney who can help you protect you and defend against the prosecution’s accusations.

North Carolina criminal defense lawyer Jonathan Breeden of Breeden Law Office is ready to help you fight any theft charges in Johnston and Harnett counties.

Call (919) 661-4970 today and schedule an initial consultation.

Larceny & Theft

Do not let the legal term fool you, larceny in North Carolina is the crime of theft. Specifically, it is the taking of another person’s property or money without consent and with the purpose of depriving them of the property forever. If you are accused of stealing or accepting stolen goods, you will be charged with a larceny offense.

The type and value of the property will influence the level of the offense. According to section 14-72, for property valued at less than $1,000, you will likely face a Class 1 misdemeanor. If you are accused of unlawfully taking property worth more than $1,000, you will be charged with a Class H felony.

Certain types of property will result in more serious felonies though. For example, if you steal property from a construction site worth between $300 and $1,000, then expect to be charged with a Class I felony. If you are involved in chop shop activity, including altering or dismantling vehicles, then you face a Class G felony no matter the value of the property.

Shoplifting

Shoplifting in North Carolina is a larceny-related offense involving leaving a store with merchandise or passing the last line of registers without paying. Additionally, you can be charged with shoplifting for concealing goods on-premises or changing the price tags on items for sale.

Essentially, you can be arrested for shoplifting before leaving the store with the goods you did not pay for. Shoplifting crimes are typically considered misdemeanors; however, other circumstances can lead to felony charges, such as if you stole a firearm or tampered with security devices.

Burglary aka Home Invasion

Burglary is the act of breaking and entering into a dwelling at night with the intent to commit a felony or theft inside. The term breaking and entering do not require breaking down a door or window to get into the house.

Simply opening an unlocked door or entering through an open window is enough since you did not have permission. A dwelling is any place a person can live or sleep. According to section 14-51, if you are accused of breaking into a home and people were present, then you face burglary in the first degree, a Class D felony. If no one was present at the time, then it is known as a burglary in the second degree, a Class G felony.

If you are accused of a crime similar to, yet not quite burglary, you may face charges for forcing entry into other buildings or vehicles or trespassing. If you are accused of breaking and entering a building to commit theft or another felony, then you will be charged with a Class H felony. If you intended to injure or terrorize a person inside, then you will face a Class H felony. Breaking into a vehicle, trailer, or railroad car is a Class I felony.

Robbery

Robbery is the crime of unlawfully taking property from a person or in the presence of a person through the use of force or threat. This can include a dangerous weapon, though it does not have to in order to be a crime. Basic robbery is charged as a Class G felony. Under section 14-87, if you are accused of using a gun or other dangerous weapon to commit a robbery, you will be charged with a Class D felony.

Embezzlement

Embezzlement is a specific type of theft that occurs when you accused of stealing money or property based on your position of trust. It is because you are given the task to manage or monitor another person or business’s money or property that you are able to access it and then unlawfully take possession or ownership of it.

Under section 14-90, embezzlement of property worth less than $100,000 is a Class H felony while stolen property worth more than $100,000 is a Class C felony.

Possible Defenses to Theft-Related Charges

There are two common potential defenses to theft charges: mistake of identity and consent. The first relies on evidence that the prosecution has the wrong person altogether.

Proving that you were in another place at the time of the theft can help you. The consent defense relies on evidence that you had permission to take or possess the money or property. This may rely on your or other individual’s testimony.