Derek M. Gray
Attorney
Graystar Legal and McMinn & Logan are now McMinn, Logan & Gray
In North Carolina, theft crimes are charged as larceny. Most larcenies will be considered felonies unless the property only has a low value and was not taken through force or burglary. What you may think is a minor charge can actually be serious, and not just because of potential jail time.
We treat our clients with the dignity and respect they deserve.
When you are facing theft charges, you need an experienced Winston-Salem theft and larceny attorney to defend you. A lawyer could evaluate your case and help you obtain the best possible legal result after counseling you on your options and the impact that a larceny conviction may have on you.
The severity of theft charges is usually based on the value of the property. You may have no idea what charges you may face until the prosecutor places a value on the property that was allegedly taken. North Carolina classifies its charges as follows:
Misdemeanor larceny can still result in a jail sentence of up to 45 days. The penalty may depend on whether you have a prior criminal record. Even if the jail sentence does not seem long, theft charges are viewed as a crime of dishonesty, and they can have a wide variety of impacts elsewhere in your life, including on your ability to find a job and your immigration status. Larceny may be a crime of moral turpitude that could lead to deportation.
One major penalty that you can be hit with besides jail time and restitution is forfeiture of any property that was used in the crime if the property is worth more than $2,000. Most often, this penalty gives law enforcement the legal right to seize your car.
The penalty can escalate significantly for felony larceny. The crime is classified as a Class H felony with a jail sentence between 4-8 months. Under North Carolina Sentencing Guidelines, the presumptive sentence is 5-6 months.
To win a case against you, the prosecutor must prove each element of the alleged crime. Larceny is a crime that requires the defendant to have had the intent to commit it. Here are the elements that the prosecutor needs to prove to win a conviction:
It is possible to defend yourself against larceny charges. Here are some of the ways that you can defend the charges that you are facing:
Larceny charges are serious, no matter how the crime is charged. You should not attempt to handle them on your own. You could end up facing a serious punishment because it is the jury that determines the value of the property in a trial.
If you have been charged with any sort of larceny offense, the legal team at Graystar Legal can help you, but you need to call us immediately. You can reach us by phone or send us a message online to set up a time to discuss your case with a free consultation. You have legal options, even when your situation seems bleak and hopeless.
you may be eligible for the First Offender program. This program may help you avoid a conviction and have your charges dismissed and possibly expunged from your record.
The prosecutor’s job is to convict you. Our job is to protect your rights
If the prosecutor can establish that the property you borrowed was taken on purpose with an intent to deprive the owner of the property, your actions could be charged as larceny.
No. If the defendant had the intent to take the property permanently at the time they took it, they could still be convicted of larceny.
Not anymore. Now, North Carolina just divides the charges into misdemeanors and felonies based on the value of the property.
Plea negotiations and guilty pleas can happen any time before a verdict.
Your parental rights can be removed and you can be removed from your family if you are found guilty of certain crimes. Whether going to prison keeps you away from your children or a specific crime, you do not want to lose your ability to be a parent when you lose a court case. Let’s find better results together.
In North Carolina, your right to bear arms can be stripped for specific crimes. This makes you even more vulnerable to attack and suffering by not being able to protect yourself. If you fear you may lose your second amendment rights because you were in the wrong place at the wrong time, call now.
When you attempt to adopt a child, the state reviews your history with a criminal background check. You do not want charges to stick because you do not have good criminal defense representation, and later prohibit you from adopting a child.
If you are trying to apply for a job that requires a security clearance, you might find that a serious conviction could keep you from getting through the pre-vetting process, much less the checks necessary to get the right position.
If you are a student or considering going to school, your financial aid may become impacted by a criminal charge. Even if you are convicted of a crime after submitting some form of financial aid requests, you may lose your eligibility and even the opportunity surrounding your education.
Your career may be in danger if you are convicted of a criminal charge. Without a criminal defense attorney to help you navigate the legal system, it is quite possible that you lose your credentials and licensure based solely on your conviction. Do you drive for a living? Your DUI / DWI may paralyze your earnings. Work in the medical field? Many positions regulated by a State Board will not allow licensure due to certain convictions.
Here are the areas we serve and the criminal courts where your charges will be heard. The best thing you can do now is speak with a lawyer and get a free consultation.
Did you get arrested? Facing criminal charges? Wondering if you’ll go to jail? Afraid of what happens next? Don’t go alone.
