Category: Theft Crimes

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!

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!

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!