man breaking into someone's home

Mitigating Factors for Larceny in NC

North Carolina defines theft, or “larceny,” as the wrongful taking and carrying away of another person’s property without their consent and with the intent to permanently deprive the owner of that property.  There are many different types of larceny, including:

  • Receiving stolen goods – the act of knowingly buying or receiving a property that is stolen. 
  • Obtaining property by false pretenses – the theft of property by deceit or fraud. 
  • Shoplifting – the theft of goods or services from a store.
  • Embezzlement – the theft of property or money by someone who was entrusted with it. This most commonly occurs with employees of a business.  

Types of Larceny

There are two types of larceny under North Carolina state law: 1) misdemeanor larceny; and 2) felony larceny. Larceny is considered a misdemeanor when the property that has been taken has a value of less than $1,000. This is a Class 1 misdemeanor and can result in a punishment of up to 120 days in jail. Alternatively, felony larceny involves the taking of property that is valued at more than $1,000. Felony larceny is considered a Class H felony and is punishable by up to 25 months in prison. 

It should be noted that the specific penalties associated with theft in North Carolina will depend upon the particular facts and circumstances of the case. 

Mitigating Factors

Even in cases in which the theft of property is not contested, there may still be mitigating factors when it comes to the penalty. Common questions surrounding mitigation:

  • How old the defendant is and what their mental capacity is (e.g., a minor child who lacks decision-making abilities, who picked something up may be a mitigating factor).
  • Whether the defendant intended to steal the property (e.g., the defendant put their coat down and accidentally picked up someone else’s may be a mitigating factor).
  • Whether the defendant has a prior criminal record (if no, may be a mitigating factor)
  • Whether the value of the property was relatively low (e.g., stealing a toothbrush vs. stealing a diamond).
  • Whether the defendant was threatened or coerced into committing the theft.
  • Whether the defendant tried to return the stolen property or offered to pay for it (restitution).

Since the facts and circumstances of each case of theft vary, any of these mitigating factors could possibly result in a reduced sentence.

It is important to note that each case is unique, and the presence or absence of these mitigating factors may not always result in a reduced sentence, but how you present your case and these factors can make a big difference. That’s where an attorney can help. 

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with Larceny

If you or a loved one has been charged with larceny, it can be a scary time. However, it’s essential to understand that you have rights. Your best bet for avoiding or mitigating punishment is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you fight this charge. To learn more or to schedule a free consultation, contact us today!

shoplifter

What to Do If Your Child Has Been Arrested for Shoplifting

Parenting isn’t easy and sometimes children make poor decisions that are out of our control. One call you never want to receive is from the police informing you that your child has been arrested for shoplifting. When receiving such a call it’s easy to feel panic, feeling that your child’s future is ruined. However, it’s important that you try to remain calm and take the necessary steps to protect your child’s best interest, working towards the best possible outcome. 

In North Carolina, the crime of shoplifting occurs when someone takes property without the owner’s consent with the intent to permanently deprive them of their property. The state considers it a type of larceny, or theft. 

Types of Shoplifting

There are a few different types of shoplifting that your child may be charged with depending upon the specific circumstances of each case:

  • If your child was caught with the goods while still in the store, they can be charged with concealment. 
  • If your child was caught with the goods after leaving the store, they can be arrested for larceny. Once someone leaves the store with the goods, it is considered to be a more serious crime. 
  • If the value of the merchandise that your child steals is under $1,000, their shoplifting will be charged as a Class 1 misdemeanor.
  • If the value of the merchandise your child steals is over $1,000, their shoplifting will be charged as a Class H felony. 

Juvenile v. Adult

If your child is under the age of 18, they will most likely be charged as a juvenile. This means that their case will be decided in juvenile court. Even if your child has committed shoplifting, which is considered a criminal offense as an adult, they would not be charged with a crime. Rather, their behavior would be considered delinquent and instead of a trial they would go through court proceedings known as an adjudication hearing. 

After your child has been arrested, they are still entitled to their rights. Such rights include:

  • The right not to be questioned by the police without an attorney present
  • The right to have a parent with them while being interrogated. 
  • Only being searched if the police have probable cause.
  • The right to remain silent. This is extremely important so that they do not say anything that can later be used against them. 
  • The right to know which crimes they are being accused of. 
  • The right to an attorney for their juvenile court proceedings. This also includes a public defender should they not be able to afford an attorney. 

Possible Penalties

Since children are young and their brains aren’t yet fully developed, the goal of the juvenile court system is to rehabilitate them and their behavior. It’s not to punish them. If your child is found guilty of shoplifting, there are different penalties that they may face. These include:

  • Being released to their parents – If this is your child’s first time committing a crime, the judge may choose just to give them a firm warning about their behavior. 
  • Having to pay a fine – You may have to pay a fine on behalf of your child by a set date. 
  • Counseling – Your child may be ordered to attend counseling. 
  • Community Service – Your child may be ordered to perform a certain number of hours of community service.
  • Restitution – Your child may be ordered to pay restitution to the owner of the property they stole for its value.
  • Probation – Your child may be placed on probation. This is more common if they were charged with shoplifting as a felony. 

Hancock Law Firm, PLLC Helps Those in North Carolina Whose Child Has Been Arrested 

If your child has been arrested it can be a scary time. However, it’s essential to understand that your child still has rights. Your best bet for helping your child is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help your child fight this charge. To learn more or to schedule a free consultation, contact us today!

man on probation with security tag

What Happens if You Violate Your Probation in North Carolina?

When you are convicted of a crime, one punishment that you may receive is probation. Sometimes probation occurs after you have completed your jail sentence, and sometimes it occurs instead of a jail sentence. When you are on probation you must follow certain conditions. If you willfully fail to do so, you can face serious consequences. 

The punishment that you will receive for violating your probation is dependent upon several factors, such as the nature of the initial crime that you committed, the terms of your probation, your criminal record, and the severity of the violation you have committed. Punishment for violating your probation can include a fine, stricter terms or extended duration of your probation, or even a jail sentence. 

In North Carolina, there are two types of probation: supervised and unsupervised. 

Supervised Probation

When someone is placed on supervised probation, they are exactly as the name implies: supervised by someone. The court assigns a probation officer who will regularly check in with you and monitor your behavior to ensure that you are in compliance with the specific conditions of your probation. Since you are supervised by a probation officer, you must receive permission from the court in order to travel outside of the state. Additionally, you will be subject to warrantless searches and seizures in order to check for drugs and contraband. As part of your probation, you may be required to perform community service and you will be responsible for any fees related to your probation. 

Unsupervised Probation

Again, just as it sounds, unsupervised probation means that the court will not assign you a probation officer. Rather, the judge will require that you pay any court fees and restitution. Even without supervision, you must adhere to the conditions of your probation. Unsupervised probation often includes community service.  

Common Probation Violations

The terms of every person’s probation are going to be different since they are based on the aforementioned individual factors. However, there are some common ways in which people tend to violate their probation. These include:

  • Committing another crime (being convicted; not just being charged)
  • Visiting places or people that you have been ordered to avoid
  • Not remaining employed
  • Failing to complete court-ordered community service
  • Missing appointments with your probation officer
  • Missing court hearings
  • Failing to pay restitution
  • Failing to pay fees related to your probation 
  • Absconding (you have disappeared or made it very difficult to find you)

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Accused of Violating their Probation

If you have been arrested for violating your probation, you may have options. You have the right to defend yourself. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. However, time is of the essence, which is why it’s best to contact a qualified attorney as soon as possible. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight this charge. To learn more or to schedule a free consultation, contact us today!

lady of justice

Who Is Considered a ‘Habitual Offender’ in North Carolina?

When you commit a crime, you should be held accountable for it. But when you commit another crime, the penalties may become more serious. This is the premise for habitual offender laws, also known as “three-strike” laws. These laws impose more penalties on those who are convicted of committing multiple crimes.

In North Carolina, someone is considered a habitual offender if they have been convicted of three felony crimes. The severity of the penalties is dependent upon the nature of each crime (violent versus non-violent) and gets more serious with every conviction. 

Under North Carolina’s “habitual felon law,” anyone “who has been convicted of or pled guilty to three felony offenses in any federal court or state court in the United States or a combination thereof is declared to be a habitual felony and may be charged as a status offender…”

 What Is a Felony Offense Under the Statute?

For the purposes of its habitual felon law, North Carolina defines a felony offense as:

  1. An offense that is a felony under the laws of this State.
  2. An offense that is a felony under the laws of another state or sovereign that is substantially similar to an offense that is a felony in North Carolina, and to which a plea of guilty was entered, or a conviction was returned regardless of the sentence actually imposed.
  3. An offense that is a crime under the laws of another state or sovereign that does not classify any crimes as felonies if all of the following apply:
  4. The offense is substantially similar to an offense that is a felony in North Carolina.
  5. The offense may be punishable by imprisonment for more than a year in state prison.
  6. A plea of guilty was entered or a conviction was returned regardless of the sentence actually imposed.
  7. An offense that is a felony under federal law. Provided, however, that federal offenses relating to the manufacture, possession, sale, and kindred offenses involving intoxicating liquors shall not be considered felonies for the purposes of this Article.

Sentencing

If someone is sentenced under the habitual felon law, he or she will receive a sentence much higher in class than the original felony for which they were convicted. However, the class of their sentence will not be any higher than a Class C felony, which carries a punishment of up to 231 months in prison. 

The exception for this is anyone who has been convicted of multiple felonies prior to their 18th birthday. Any of the felonies committed prior are treated as a single felony for purposes of North Carolina’s habitual felon law. 

Habitual offender laws apply differently in every situation, which can make matters complicated. 

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Convicted of Multiple Felonies

If you have been convicted of multiple felonies and are facing punishment under the habitual offender law, you may have options. You have the right to offer evidence to mitigate your sentence. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you. To learn more or to schedule a free consultation, contact us today!