Criminal defense attorney speaking with a client

Your Employer Has Accused You of Theft: Now What?

One of the most important things that we have is our reputation. So, when an employer accuses you of theft, it can have a significant impact on your life. This is not to mention the criminal ramifications if convicted. Under North Carolina law, employee theft, or larceny, is considered a Class H felony unless otherwise stated. As such, it can result in up to 39 months in prison. There is clearly a lot at stake. Here’s what to know if your employer has accused you of theft. 

1. Remain calm and don’t overly “react.”

When someone has accused you of something that you haven’t done, it can be a normal reaction to become angry. However, if you respond to allegations of theft with anger, it can actually work against you. It’s important that you remain respectful. If your employer wants to begin investigations and requests that you leave, it’s imperative that you listen to them. Do not react in person or via email; do not involve your colleagues. Bear in mind that anything you say can be taken out of context and/or used against you. 

2. Gather all details that you can about the accusation against you. 

Before you’re able to fight any accusation, you must first fully understand the details surrounding it. Therefore, it’s important that you ask questions to obtain any information you can. This may include things such as what it is that is missing, why your employer believes that you have stolen the item(s), how it is impacting your job (e.g., are you being fired?), how the investigation will be conducted, and whether you are being charged with larceny or any other crime.

3. Understand and consider your rights. 

No matter what you are accused of, you should always bear in mind that you have rights. You are allowed to request to review your HR file. You also have the right to privacy, which means that doing things such as taking a lie detector, is not mandatory. Before you do anything else, be sure to consult with a qualified military law attorney. How you choose to defend yourself can make all the difference. 

Attorney Joel Hancock at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with Larceny or Another Crime

If you have been charged with larceny or another crime and believe that you are innocent or that your rights have been violated, 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. 

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!

broken car window

Types of Auto Theft in North Carolina

Unfortunately, the theft of motor vehicles in North Carolina is not uncommon. It’s important to understand that there are different types of theft as well as other crimes that may apply when an individual uses, damages, or misappropriates an auto vehicle. 

North Carolina varies from some other states in that it does not have a specific motor vehicle theft law. These auto theft crimes are prosecuted under North Carolina’s crime of larceny, or theft. When a person takes another’s motor vehicle with the intent to permanently deprive the owner of it or when someone receives or possesses a stolen car, this is considered to be the crime of larceny. 

When someone steals a part or piece of a vehicle that is valued at $1,000 or more, this is considered to be the crime of larceny of a motor vehicle part. This value includes not only the part itself but the cost of labor to have it reinstalled or reattached to the vehicle. Larceny of a motor vehicle part is a Class I felony.

Additional Car-Related Offenses

Aside from motor vehicle theft, North Carolina recognizes and punishes other car-related offenses. 

Carjacking

Carjacking is when someone takes a car by force or threat of force. While North Carolina does not have a specific carjacking statute, it treats such offenses under the crime of robbery.

Joyriding

Joyriding occurs when someone takes another’s vehicle without their permission but also does not intend to permanently deprive the owner of their vehicle. In other words, they don’t have permission to borrow it, but they didn’t intend on keeping it. Joyriding is classified as an unauthorized use of a motor-propelled conveyance and is a Class 1 misdemeanor offense.

Keeping a Rental Car

It can be a criminal offense to maintain possession of a rental car after the time period agreed upon has expired. Again, while there is no specific law for this in North Carolina, the state will often charge this as larceny or joyriding. 

Legal Defenses to Auto Theft

While there are a variety of legal defenses to auto theft, here are some of the most common:

Consent

One defense to auto theft is consent. The individual accused may have had permission or believe that they have permission from the owner of the vehicle to use it. When this is the case, the individual is not guilty of larceny. Generally, when an individual raises this defense it’s because they had permission on one or more previous occasions and believed that it would be reasonable for that consent to continue. 

Mistake of Fact

Another defense is mistake of fact. This occurs when someone uses or borrows a stolen vehicle but is unaware that it was stolen. This individual cannot be found guilty of larceny of a motor vehicle. 

Permanent Deprivation

In order to commit larceny of a motor vehicle, the individual in question must intend to permanently deprive the owner of the vehicle of its use or possession. However, this individual may still be guilty of joyriding. 

Consequences

Motor vehicle theft can be considered a misdemeanor or a felony depending upon the facts and circumstances of each case. If someone is convicted of larceny, they may face jail or prison, probation, fines, and/or more. 

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with Auto Theft

If you or a loved one has been charged with auto theft or a related crime, it’s imperative that you contact a North Carolina criminal defense attorney as soon as possible. You may have a legal defense. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you fight your charges and obtain the best possible outcome for you. To learn more or to schedule a free consultation, contact us today!