What Are the Defenses to a Shoplifting or Misdemeanor Larceny Charge in North Carolina?

More Than a Simple Mistake: The Lifelong Impact of a Shoplifting Charge

It can happen in a moment of distraction. You’re juggling a shopping cart, your kids, and your phone. You put an item in your purse or at the bottom of the cart and simply forget about it. Or perhaps it was a moment of poor judgment during a difficult time in your life. You walk past the last point of sale, and suddenly you’re being escorted to a back room by store security. You’re being charged with shoplifting.

You’re embarrassed, you’re scared, and you think, “It was just a small item. It’s not a big deal.”

This is a dangerous misunderstanding. In North Carolina, any theft conviction, even for a minor shoplifting charge, is a crime of dishonesty. It creates a permanent criminal record that can be a major red flag for future employers, landlords, and anyone who runs a background check. It can be a barrier to getting the job you want or the apartment you need.

If you have been charged with misdemeanor larceny or shoplifting in Greensboro, Burlington, or anywhere in the Piedmont Triad, you need to take it seriously. But you also need to know that there is hope. For decades, the team at the Huggins Law Firm has been helping good people protect their futures from a single mistake. We understand how to fight these charges, and we are here to help you.

Understanding the Charges: Misdemeanor Larceny and Concealment of Goods

When you are accused of shoplifting, you will likely be charged with one of two crimes.

1. Misdemeanor Larceny This is the main theft crime in North Carolina, found in N.C.G.S. § 14-72. As long as the value of the property you are accused of taking is $1,000 or less, it is a Class 1 misdemeanor. To convict you, the prosecutor has to prove, beyond a reasonable doubt, that you took the property, without consent, with the intent to permanently keep it.

2. Willful Concealment of Merchandise This is a specific crime that applies only to shoplifting, found in N.C.G.S. § 14-72.1. Here’s the key difference: the prosecutor does not have to prove you actually left the store with the item. They only have to prove that you willfully concealed the merchandise while still inside the store, without having purchased it.

• What it looks like: Moving an item from its original packaging into a different one, or putting an item in your pocket or purse are classic examples of concealment.
• The Penalties: This is also a Class 1 misdemeanor, assuming you have no prior convictions for this offense.

A Class 1 misdemeanor is the second-most serious class of misdemeanor and can carry a sentence of up to 45 days in jail, though probation and fines are more common for a first offense. The real punishment, however, is the permanent criminal record.

The “Civil Demand” Letter: What It Is and What You Should Do

Soon after your charge, you will likely receive a letter in the mail from a law firm on behalf of the retail store. This is a “civil demand” letter, and it will demand that you pay the store a penalty, often a few hundred dollars.

• Is this a bill? Do I have to pay it? This is not a fine from the court. It is separate from your criminal case. North Carolina law allows a merchant to sue a shoplifter in civil court for damages. This letter is their attempt to settle that civil claim without going to court.
• Will paying it make my criminal charges go away? No. Absolutely not. Paying the civil demand has no legal impact on your criminal case. The District Attorney can and will still prosecute you.

It is absolutely critical that you speak with your criminal defense lawyer before you respond to or pay a civil demand letter.

Protecting Your Future: How We Build a Defense

It can feel like the evidence is stacked against you, especially if there is a video. But a skilled larceny lawyer knows how to build a powerful defense.

• A “Less Talked About” Stat: The scale of retail theft is enormous. The National Retail Federation (NRF) publishes an annual report on retail security. A little-known fact from their research is that a large percentage of “retail shrink” (the industry term for inventory loss) comes from sources other than customer shoplifting, like employee theft or vendor fraud. This is important because it shows that store security is often under immense pressure to stop any and all losses, which can lead them to be overly aggressive and jump to conclusions about a customer’s intent.

Our defense strategy often focuses on that very issue: intent.

• Lack of Intent: This is the most powerful defense. Did you simply forget the item was at the bottom of your cart? Were you distracted by a phone call or your children? If we can show that you had no criminal intent to steal, you cannot be convicted of larceny.
• Challenging the “Concealment”: Did you truly “willfully conceal” the item? Or did you just put it in your pocket for a moment to free up your hands, with the full intention of paying for it? We can argue that your actions do not meet the legal definition of the crime.
• Constitutional Violations: Did the store’s Loss Prevention officer overstep their bounds? Did they detain you unlawfully? We investigate every aspect of the stop to protect your rights.

Our primary goal is to get your charge dismissed. For many first-time offenders, we can often negotiate with the prosecutor for a deferred prosecution. This means that if you complete certain conditions, like community service and staying out of trouble, the state will dismiss the charge completely. This allows you to then petition to have the record of the arrest expunged, leaving your record clean.

Why an Experienced Larceny Lawyer is Your Best Defense

When your future and your reputation are on the line, you need a lawyer who understands what is at stake and knows how to protect you. Our team at the Huggins Law Firm has been helping good people in the Piedmont Triad navigate these charges for decades.

• We Understand the Goal: For a misdemeanor larceny charge, the goal isn’t just to avoid jail. The goal is to protect your record. Our entire strategy is built around seeking a dismissal or a deferred prosecution that makes you eligible for an expungement.
• We Know the Local Courts: We have deep experience in the courtrooms of Greensboro, Graham, and Asheboro. We know the prosecutors and what it takes to negotiate the best possible outcome for our clients.
• We Are Your Guide: We will explain every step of the process, from the civil demand letter to the final court date, in clear, simple terms. We are here to reduce your stress and give you confidence.

Our experience in criminal defense is your greatest asset in turning a single mistake into a second chance.

Key Takeaways for Your North Carolina Shoplifting Charge

• It’s a Crime of Dishonesty: Any larceny conviction, even a misdemeanor, can have a permanent impact on your ability to get a job.
• You Don’t Have to Leave the Store: You can be charged with “willful concealment” even if you never made it out the door.
• A Civil Demand is Not a Criminal Fine: Do not pay a civil demand letter from the store’s lawyer without first speaking to your own lawyer. It will not make the criminal charge go away.
• Intent is Everything: The prosecutor must prove you intended to steal. A simple mistake or a moment of forgetfulness is not a crime.
• Protecting Your Record is the #1 Goal: An experienced lawyer will fight for a dismissal or a deferred prosecution that allows you to get the charge expunged and keep your record clean.