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Larceny Charges in North Carolina
In North Carolina, larceny is primarily governed by N.C.G.S. § 14-72. North Carolina adheres to the common law definition of larceny: the unlawful taking and carrying away of the personal property of another without their consent and with the intent to permanently deprive the owner of that property.
Under North Carolina’s larceny statute, larceny can be charged as a felony. If the value of the theft was in excess of $1,000 or if a weapon or the threat of physical force was used during the theft, the larceny may be charged as a felony. A felony conviction could result in a defendant being sentenced to more than one year in jail.
Smaller-dollar larceny offenses may be charged as misdemeanors. While non-felony larceny is a less severe charge, a misdemeanor larceny first offense could still potentially result in serious penalties. As with embezzlement charges, North Carolina prosecutors take larceny charges very seriously.
As your Shelby larceny attorney, we focus on how the state classifies these crimes, which is largely determined by the value of the property or the specific circumstances of the taking.
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Embezzlement Charges in North Carolina
In some cases, embezzlement charges come with larceny charges as well. And our Shelby larceny defense lawyers can help you in these matters.
Embezzlement occurs when a person is put in charge of taking care of assets but then misappropriates the property for their own personal use. This type of misconduct can occur in a wide variety of different forms, including in both personal and business relationships.
Under North Carolina law, a person convicted of an embezzlement charge could face very harsh penalties. Indeed, a North Carolina embezzlement conviction can result in jail time of up to 6 months for crimes involving less than $100,000, and 73 months for crimes involving more than $100,000.
Embezzlement charges can stem from many complex situations. If you have been accused of or charged with embezzlement or a similar white-collar crime, it is imperative that you take immediate action.
Understanding the Difference Between Embezzlement and Larceny
Embezzlement allegations are often confusing, as the charges often overlap with larceny. The most important difference to understand is that embezzlement is a crime of misappropriation. It involves taking or depriving a party of the assets that are rightfully theirs, but that was at some point put in your control.
For example, if an employee at a Shelby car dealership was given control of a company purchasing account, and then diverted some of the funds to their own bank account, they could be charged with embezzlement.
This is distinct from a larceny charge, as larceny occurs when a person takes money or property without ever being allowed access to it. The two similar crimes can become intertwined in cases involving allegations of felony larceny by an employee, where the employee is alleged to have taken property that they were never given access to or authority to use.
Penalties and Collateral Consequences of Larceny in North Carolina
The consequences of a larceny conviction in Shelby extend far beyond the courtroom. North Carolina utilizes a complex structured sentencing grid that considers both the class of the offense and your prior criminal history.
Criminal Penalties
- Class 1 Misdemeanor: Up to 120 days in jail and significant fines.
- Class H Felony: A presumptive sentence of 5 to 6 months in prison, with a maximum of up to 39 months for those with extensive records.
- Habitual Larceny: If you have four or more prior larceny-related convictions, a new misdemeanor larceny can be elevated to a Class H felony.
Collateral Consequences
A conviction for a "crime of moral turpitude" like larceny can be a "dream killer."
- Employment Barriers: Many employers in Western North Carolina will not hire someone with a theft conviction on their record, fearing future liability.
- Professional Licensing: Convictions can result in the denial or revocation of licenses for nursing, teaching, or real estate.
- Housing Issues: Background checks for rental applications often flag larceny charges as a high-risk factor.
- Immigration Status: For non-citizens, a larceny conviction can trigger deportation proceedings or bar naturalization.
Our Comprehensive Approach to Larceny Defense
At Teddy, Meekins & Talbert, PLLC, we don't just manage cases; we defend people. Our approach is rooted in the following:
- Valuation Challenges: In North Carolina, the difference between a misdemeanor and a felony is often a single dollar. We scrutinize the "fair market value" of the items involved to push for a reduction in charges.
- Intent Audits: We investigate the circumstances to see if there was a lack of "felonious intent." For example, accidental concealment or a "claim of right" are powerful defenses.
- Video and Digital Forensics: We don't rely on the police summary of surveillance footage. We watch the video ourselves, looking for context that the state might have missed.
- Deep Local Roots: Serving Western North Carolina since 1994, we have established a reputation for integrity with local judges and prosecutors, which is invaluable during negotiations.
Serving Western North Carolina since 1994, our firm has spent decades navigating the local courtrooms of Shelby and the surrounding counties. We know that the right larceny lawyer in Shelby can make the difference between a dismissed charge and a permanent criminal record.
Frequently Asked Questions About Larceny and Embezzlement in Shelby, NC
What should I do if I’m falsely accused of embezzlement or larceny?
If you have been falsely accused, it’s important to remain calm and avoid making any statements without legal representation. Gather any relevant documents, emails, or records that may help prove your innocence, and contact a criminal defense attorney as soon as possible to discuss your case.
Can I be charged with both larceny and embezzlement at the same time?
Yes, in some cases, prosecutors may charge an individual with both crimes, especially if the circumstances of the case involve elements of both larceny and embezzlement. However, the final charges will depend on the evidence and whether the prosecution can prove intent and unauthorized possession of the assets.
How does intent affect a larceny or embezzlement case?
Intent plays a crucial role in both charges. For a conviction, the prosecution must prove that you knowingly took property or funds with the intention of depriving the rightful owner. If there was a misunderstanding, a lack of criminal intent, or an accounting error, your attorney may be able to argue for a dismissal or reduction of charges.
What are the potential defenses against larceny or embezzlement charges?
Several legal defenses may be available, including lack of intent, mistaken identity, insufficient evidence, or authorization to use the funds or property. An experienced defense attorney will review the details of your case to determine the best strategy.
Can larceny or embezzlement charges be reduced or dropped?
Yes, charges can sometimes be reduced or dismissed depending on the evidence, the circumstances of the case, and legal negotiations. A skilled defense lawyer can negotiate plea deals, challenge the prosecution’s case, or present evidence that clears your name.
Will a conviction for larceny or embezzlement affect my future employment?
A criminal conviction for larceny or embezzlement can make it difficult to find employment, especially in jobs that require handling money or sensitive information. However, depending on the outcome of your case, it may be possible to seek expungement to remove the conviction from your record.
Should I speak to my employer or the police before hiring a lawyer?
No, it is always best to consult with a lawyer before making any statements. Anything you say to your employer or law enforcement can be used against you. An attorney will guide you on how to handle the situation to protect your legal rights.
A criminal charge can impact your future, but the right defense can make all the difference. Contact us now at (704) 396-5155 to discuss your case with our larceny defense lawyers in Shelby!
How Our Experienced Criminal Defense Attorneys Can Help
At Teddy, Meekins & Talbert, P.L.L.C., our North Carolina criminal defense attorneys have extensive experience handling embezzlement and larceny charges. We have a deep understanding of the relevant criminal statutes and criminal law process. Our team has the skill and experience needed to craft the best available defense strategy on your behalf.
To set up your fully confidential legal consultation, please contact us today. From our office in Shelby, we represent clients throughout the region, including in Lincolnton and Rutherfordton and in all communities in Cleveland County, Lincoln County, and Rutherford County.
Contact a larceny lawyer in Shelby who will fight for a fair resolution. Reach out to Teddy, Meekins & Talbert, PLLC by calling (704) 396-5155 or contacting us online to learn how we have been serving Western North Carolina since 1994.