Crossing the Line: When a Theft Charge Becomes a Serious Felony
In North Carolina, the line between a misdemeanor and a life-altering felony can be just one dollar. A theft charge is not just about what was taken; it’s about the value of what was taken. If you are accused of stealing property worth more than $1,000, you are no longer in the world of misdemeanors. You are facing a Class H felony charge for larceny.
This is a serious, frightening situation. A felony conviction can mean active prison time. It means the loss of your civil rights, including your right to own a firearm. It means a permanent record that can make it incredibly difficult to find a job, get a loan, or even rent an apartment for the rest of your life.
If you or a loved one has been charged with felony larceny in Greensboro, High Point, or anywhere in the Piedmont Triad, you are in a serious fight. The state will bring its full resources to bear against you. You need a team of experienced criminal defense lawyers who have been in this fight before and know how to win. For decades, the Huggins Law Firm has been defending people against the most serious felony charges. We are here to protect your freedom and your future.
More Than Just Value: When Larceny is Automatically a Felony
While the $1,000 threshold is the most common way a theft becomes a felony, North Carolina law has a list of items that are considered so serious that stealing them is automatically a felony, regardless of their value.
Under N.C. General Statute § 14-72, it is a felony to steal:
- A Firearm: Stealing any type of gun is a Class H felony.
- An Explosive or Incendiary Device.
- Secret Scientific or Technical Information.
- Property from a Construction Site: Larceny of any building materials or equipment from a permitted construction site is a felony.
- Property related to a fire or alarm system.
This means that even if the value of the item is very small, the charge will still be a serious felony. The law is incredibly strict on these specific types of theft.
The Consequences of a Conviction: Facing Prison and a Permanent Record
A Class H felony is a serious crime. The punishment depends on your prior criminal record, but even for a person with a clean history, a conviction can result in a sentence that includes probation, heavy fines, and even active jail or prison time. For someone with a prior record, a prison sentence is very likely.
- A “Less Talked About” Stat: The consequences of a felony are not theoretical. According to the NC Department of Public Safety, thousands of people are currently incarcerated in North Carolina prisons for felony property crimes like larceny. This isn’t just a charge that goes away; a conviction can take away your freedom for years. This is what you are fighting to avoid.
Beyond prison, a felony conviction means:
- You become a “convicted felon” for life.
- You lose your right to vote (while incarcerated or on probation/parole).
- You permanently lose your right to own or possess a firearm.
- You will be barred from countless job opportunities, professional licenses, and housing options.
The stakes could not be higher.
An Aggressive Defense for a Serious Felony Charge
When you are facing a felony, a passive defense is not enough. You need an aggressive legal team that will challenge every single piece of the state’s evidence.
1. We Attack the Value. The entire case often hinges on that $1,000 number. The prosecutor has to prove, beyond a reasonable doubt, that the fair market value of the property at the time it was stolen was over $1,000. They can’t just use the retail price of a new item. We can bring in our own appraisers and experts to challenge the state’s valuation. If we can prove the value was $999, the felony charge disappears.
2. We Attack the “Intent.” The state has to prove you intended to permanently deprive the owner of their property. What if you were just borrowing it? What if you had a reasonable belief that the property was yours? We investigate the full context of the situation to show that you did not have criminal intent.
3. We Attack the Evidence. Did the police conduct an illegal search to find the property? Were you properly identified? Is the state’s only evidence the word of an unreliable witness? We will file every available motion to suppress unconstitutional evidence and to expose the weaknesses in the prosecutor’s case.
Our job as your criminal defense lawyers is to be relentless. We investigate every angle, challenge every assumption, and build the strongest possible defense to protect your freedom.
Why an Experienced Felony Larceny Lawyer is Your Strongest Defender
When your freedom is on the line, you need a team of experienced trial lawyers who are not afraid to fight. Insurance companies and prosecutors know which law firms are willing to go to trial and which ones will just accept the first plea offer. Our reputation is built on our willingness to fight.
- We are not afraid of the courtroom. We prepare every single felony case as if it is going to a jury trial. This position of strength is what often forces the prosecutor to negotiate a better outcome, like a reduction to a misdemeanor or even a full dismissal.
- We know the local system. After decades of practicing in the courts of Greensboro, Winston-Salem, and the surrounding counties, we have a deep understanding of how these cases are prosecuted. We know the players and we know the playbook.
- We are your strategic advocates. We will give you a clear, honest assessment of your case. We will tell you the risks and the potential rewards of every option. Our goal is to give you the best advice so you can make an informed decision about your future.
Our deep experience in criminal defense is your greatest asset in this fight.
Key Takeaways for Your North Carolina Felony Larceny Charge
- The $1,000 Line is Critical: Stealing property worth more than $1,000 is a Class H felony.
- Some Items are Automatic Felonies: Stealing a firearm, or stealing any item from a construction site, is a felony regardless of its value.
- A Conviction Means Prison Time and a Permanent Record: The consequences of a felony conviction are severe and will follow you for the rest of your life.
- Challenging the Value is a Key Defense: One of the most powerful ways to fight a felony larceny charge is to challenge the prosecutor’s valuation of the stolen property.
- You Need an Aggressive Trial Lawyer: When facing a felony, you need a lawyer with a reputation for being a tough and experienced fighter in the courtroom.
Common Questions Our Felony Larceny Lawyers Are Asked
1. I was charged with felony larceny, but I gave the property back. Will they drop the charges?
Unfortunately, no. Returning the property is the right thing to do, and it can be a very powerful mitigating factor that we can use to negotiate a better sentence for you. However, the crime of larceny was legally completed the moment you took the property with the intent to steal it. Returning it later does not undo the crime.
2. What is the difference between larceny and robbery?
The difference is “force” or “the threat of force.” Larceny is taking property without the owner’s knowledge or consent, like shoplifting or stealing from an empty car. Robbery is taking property directly from a person using violence, threats, or intimidation. Robbery is a much more serious felony.
3. My charge is "Larceny by Employee." How is that different?
Larceny by Employee, or embezzlement, is a specific type of felony larceny. It means that you were in a position of trust with an employer, and you used that position to steal from them. Prosecutors and judges often view this as a more serious breach of trust, and the penalties can be severe.
4. I have a prior criminal record. How will that affect my felony larceny case?
Your prior record is a huge factor in a felony case. North Carolina uses a structured sentencing grid that calculates your sentence based on the class of the felony and your “prior record level.” A person with a high prior record level will face a much longer mandatory prison sentence than a first-time offender for the exact same crime.
5. What is the most important thing to do if I'm charged with a felony?
The most important thing you can do is exercise your right to remain silent and contact our firm immediately. Do not talk to the police. A felony charge is a direct threat to your freedom. You need an experienced felony defense lawyer on your side from the very beginning.
