What Are the Different Types of Theft Charges in North Carolina?

A Simple Mistake, a Serious Consequence

A moment of poor judgment. A period of financial desperation. A simple mistake. That’s often where a theft charge begins. It can happen to anyone, from any walk of life, in any of our communities, from Greensboro to Burlington, Asheboro to High Point. One bad decision, and suddenly you are facing the overwhelming power of the criminal justice system.

You’re scared. You’re embarrassed. You are terrified that this one mistake is going to ruin your job, your reputation, and your entire future.

If you are in this situation, take a deep breath. An accusation is not a conviction. For decades, the team at the Huggins Law Firm has been defending hardworking people in the Piedmont Triad who have found themselves in this exact spot. We understand that there is always more to the story, and we believe that everyone deserves a powerful defense. Our job is to listen, to investigate, and to fight for you. This guide is your first step toward understanding the charges you face and learning what you can do to protect your future.

“Larceny”: The Foundation of All North Carolina Theft Crimes

In North Carolina, the legal term for most theft is “Larceny.” The basic definition, under N.C. General Statute § 14-72, is simple: it’s the wrongful taking and carrying away of the personal property of another without their consent, with the intent to permanently deprive them of it.

The most important factor that determines the seriousness of a larceny charge is the value of the property stolen.

• Misdemeanor Larceny: If the value of the property is $1,000 or less, the crime is generally a Class 1 misdemeanor.
• Felony Larceny: If the value of the property is more than $1,000, the crime is a Class H felony.

This $1,000 threshold is a critical line. Crossing it, even by a single dollar, can be the difference between a misdemeanor with probation and a felony conviction that carries the risk of prison time and the permanent loss of your civil rights. However, as we will see, there are many different types of theft crimes, each with its own specific rules.

A Deep Dive into Specific Theft Charges

“Theft” is a broad category. The specific charge you face depends on how and what was allegedly stolen. Here are the most common types of theft charges we defend.

Misdemeanor Larceny (Including Shoplifting)

This is the most common theft charge. It applies to any theft of property valued at $1,000 or less. The most frequent example is shoplifting. ➡️ Learn More: [Visit our in-depth page on Misdemeanor Larceny and Shoplifting defense. (Link to Sub-Page 1)]

Felony Larceny (“Grand Theft”)

This serious charge applies when the value of the stolen property is over $1,000. However, some types of theft are automatically a felony, regardless of value, such as stealing a firearm or larceny from a construction site. ➡️ Learn More: [Visit our in-depth page on Felony Larceny defense. (Link to Sub-Page 2)]

Breaking and Entering

This crime involves “breaking” or “entering” a building (or car) without consent, with the intent to commit a felony or larceny inside. The “breaking” can be as simple as opening a closed door. This is always a felony in North Carolina. ➡️ Learn More: [Visit our in-depth page on Breaking and Entering defense. (Link to Sub-Page 3)]

White Collar Crimes

These are theft crimes that are committed through deceit or a breach of trust, usually in a business or corporate setting. This includes crimes like embezzlement, fraud, and obtaining property by false pretenses. ➡️ Learn More: [Visit our in-depth page on White Collar Crime defense. (Link to Sub-Page 4)]

The Building Blocks of a Strong Defense

It can feel like the evidence against you is overwhelming. But the state has the burden of proving every single element of its case beyond a reasonable doubt. An experienced theft crime lawyer knows how to challenge their evidence and build a powerful defense.

• Lack of Intent: Larceny requires the “intent to permanently deprive.” What if you simply forgot to pay for an item at the bottom of your shopping cart? What if you borrowed an item with the full intention of returning it? If we can show you had no criminal intent, you cannot be convicted of larceny.
• Mistaken Identity: Were you correctly identified? Was the surveillance video grainy? Did the witness only get a fleeting glimpse?
• Consent: Did you have a reasonable belief that the owner had given you permission to take the property?
• Challenging the Value: For felony larceny cases, the value is everything. The state has to prove the property was worth more than $1,000. We can challenge their valuation, especially for used items, which can be the key to getting a felony reduced to a misdemeanor.
• Constitutional Violations: Did the police conduct an illegal search to find the property? If your Fourth Amendment rights were violated, the evidence can be thrown out.

Why an Experienced North Carolina Theft Lawyer is Your Best Defense

A theft conviction is a “crime of moral turpitude.” That’s a legal term for a crime involving dishonesty. It can have a devastating and permanent impact on your life, making it incredibly difficult to find a job or pass a background check.

• A “Less Talked About” Stat: The scale of theft is enormous. The NC State Bureau of Investigation (SBI) reports on the value of property stolen each year. In a recent year, hundreds of millions of dollars in property was stolen across North Carolina. However, a less-discussed part of that data is the recovery rate, which is often shockingly low. This means that police are often under pressure to make an arrest and close a case, sometimes without conducting a thorough investigation.

An experienced lawyer’s job is to conduct the investigation that the police may have failed to do. As your theft crime lawyers, we provide a strategic defense for a high-stakes charge.

• We know the local courts. After decades of practicing in the courtrooms of Greensboro, Graham, and Winston-Salem, we know the prosecutors and the judges. We know how to negotiate effectively on your behalf.
• We know the law. We have a deep and comprehensive understanding of North Carolina’s complex theft statutes. We use this knowledge to find the weaknesses in the state’s case.
• We are your voice. We handle all communication with the prosecutor and the court. We build your defense. We stand up for you and tell your side of the story.

Our deep experience in criminal defense is your greatest asset in protecting your future from a theft charge.

Key Takeaways for Your North Carolina Theft Charge

• The value of the property is key. The line between a misdemeanor and a felony is often the $1,000 threshold.
• “Intent” is a crucial element. The state must prove you intended to permanently steal the property. A mistake or a misunderstanding is not a crime.
• A conviction is permanent. A theft conviction, even a misdemeanor, is a crime of dishonesty that can impact your ability to get a job for the rest of your life.
• Your constitutional rights are a powerful defense. Many theft cases can be won by showing that the police conducted an illegal search.
• You need an experienced lawyer. Navigating the complexities of a theft charge and fighting to protect your record requires a lawyer with a deep understanding of this specific area of law.