If you or a loved one has been arrested for larceny in Durham County, it’s a good idea to immediately seek legal representation.
Just being accused of stealing something can cause problems.
Even friends and family may think an arrest is more than a just a minor mistake or lapse in judgment.
A conviction for shoplifting or misdemeanor larceny, either by guilty plea or being found guilty after a trial, has consequences.
Durham criminal defense lawyers may refer to such matters as crimes of moral turpitude. That would also include broader allegations including schemes of fraud, conspiracies related to theft, and dishonesty.
Depending on the individual aspects of your case, including any prior history of criminal convictions, sentencing may include things like:
- Jail or Prison
- Court Ordered Restitution
- Community Service
- Costs of Court
- Substance Abuse Assessment/Treatment
- Mental Health Abuse Assessment/Treatment
- Bans for Stores / Territorial Restrictions
If a period of incarceration is determined appropriate by the sentencing judge, it’s not unusual for jail time for misdemeanor larceny and shoplifting charges to be served at the Durham County Jail.
Similarly, felony larceny and other serious felonies in Durham with potentially lengthy prison terms, again assuming the Court rules prison is appropriate, may ultimately be served in the custody of NC Department of Public Safety or “NC DPS.”What is Larceny in North Carolina?
You may have heard of theft-crimes referred to as “Petty Larceny” or “Grand Larceny” or “Grand Theft Larceny.” There’s even a videogame called, “Grand Theft Auto.”
Some states use those and other Common Law terms to describe such offenses.
The North Carolina General Assembly in N.C.G.S. § 14-72 defines what is misdemeanor larceny and what is felony larceny.
That NC Criminal Law is formally titled: Larceny of property; receiving stolen goods or possessing stolen goods.
Without more, felony larceny charges may involve the theft of an item or goods of $1,000 or more. The inverse may also be true, items less than $1,000 in value may be prosecuted as a Class 1 Misdemeanor.
If determined to be a felony larceny, indictment as a Class H felony may be appropriate. The maximum period of incarceration for a Class H felony in NC is 39 months in NC DPS.
Some felony charges do not consider only the value or amount of the stolen goods, such as when the victim is an employer or a non-profit organization.
People in positions of trust or authority, those entrusted with company property and employees, may be indicted for a felony.
In those instances, the amount stolen defines the nature and extent of punishment and not the crime itself.
There are also times when multiple misdemeanor larceny charges may add up to a type of felony larceny in North Carolina referred to Habitual Misdemeanor Larceny.
NCGS § 14-72 may allow habitual larceny prosecution when there are four or more larceny convictions, including felony or misdemeanor charges, and convictions “deemed as punishable as larceny under this section.”Durham Criminal Defense:
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Employers may view someone with a conviction for larceny, theft, or other crime involving dishonesty as too risky to keep around and someone not to be trusted with company assets or those of customers.
That’s true for misdemeanor and felony larceny charges alike.
A conviction can also adversely affect college admissions and workplace advancements.
“There is a lot to consider when facing larceny charges. It helps to have a lawyer standing by your side in court.”
– Cole Williams, Durham Criminal Defense Attorney
We represent clients who face serious and minor criminal charges in Durham. We understand and explain the possible consequences of a conviction.
Our law firm takes larceny charges in Durham seriously. We recommend you do too!
If you’ve been asked by police officers to come in and “answer some questions and clear things up” we recommend you politely decline to cooperate and immediately call our office.
That’s true whether the investigation involves loss prevention, detectives, or Durham County police officers.
If arrested, exercise your Fifth Amendment Right to Remain Silent. Ask to immediately speak with legal counsel.
Voluntary statements are not always protected by Miranda Rights.
If you have questions about a Durham shoplifting or larceny matter, please call Cole Williams to schedule a consultation: 919-688-2647
Begin your defense now by emailing Durham Criminal Defense Attorney Cole Williams.