Larceny, commonly known as theft, is a crime that involves taking someone else's property without their consent and with the intent to permanently deprive the owner of the property. Lawyers sometimes refer to theft crimes as crimes of dishonesty and moral turpitude. In North Carolina, theft crimes can be classified as either misdemeanor larceny or felony larceny, depending on the value of the stolen property, the type of property stolen, and the circumstances surrounding the theft.
Misdemeanor larceny may be charged when the value of the stolen property is less than $1,000. If convicted, a person could face probation, jail, fines, costs of court, and restitution to the victim. The type of item that is stolen and the manner in which it is stolen can make a difference as well. If you are caught stealing certain types of property, such as a firearm or the property of your employer, the state may pursue a felony indictment.
If the value of the stolen property exceeds $1,000 or the theft involves specific circumstances, such as breaking and entering or stealing from a person, it is often considered felony larceny.
Felony larceny convictions can result in more severe penalties, including prison time, fines, and victim restitution.
Our experienced criminal defense attorneys help clients accused of retail theft, possessing stolen property, fully understanding how serious a theft conviction can be to your future. Call now to begin you defense.
North Carolina no longer uses the designations of grand theft, grand larceny, and petty theft. The state now defines by statute several different types of larceny, including but not limited to:
At the Powers Law Firm, we understand that every larceny case is unique, and we work diligently to develop a personalized defense strategy that addresses the specific details of your case. Our approach involves a thorough investigation of the facts, identification of any weaknesses in the prosecution's case, and an assessment of potential defenses. Some common larceny defenses include:
Charges such as larceny, unlawful concealment, shoplifting, and embezzlement are specific intent crimes. To secure a larceny conviction, the prosecution must prove that the defendant intended to permanently deprive the owner of the property. If we can demonstrate that the taking of the property was accidental or that you intended to return the property, this defense could lead to a dismissal of the charges or an acquittal at trial.
Claim of RightA claim of right defense asserts that you believed in good faith that you had a legal right to the property in question. This defense can be successful if we can establish that you genuinely believed you were entitled to the property, even if that belief was mistaken.
Mistaken Identity Mistaken identity may be a defense in larceny cases, particularly when the theft is captured on surveillance video, witnessed by a third party, and the identity of the person stealing something is subject to dispute. When appropriate, our team works diligently to attack the reliability of the identification evidence, challenging the quality of the video, the credibility of the witness or witnesses, any biases, and/or their ability to observe or recall the event in question.
Navigating the Legal Process with Powers Law FirmOur team at Powers Law Firm is dedicated to guiding you through every step of the courtroom and trial process. From the initial consultation to the resolution of your case in court, we are committed to providing clear communication, compassionate support, and aggressive representation. Our services include:
Precharge InvestigationsAn effective precharge investigation can help identify and preserve any exculpatory evidence that could lead to the dismissal or reduction of charges. Our team will investigate the facts, interview witnesses, review surveillance footage, and consult with experts when appropriate. It is also sometimes possible to negotiate a resolution without instituting criminal charges. Lawyering up can be incredibly helpful, especially when it comes to communications with investigators, detectives, loss prevention personnel, and law enforcement.
Pretrial NegotiationsIn some cases, it may be possible to negotiate a favorable resolution with the prosecutor during the administrative stages of the court process and before the case proceeds to arraignment and trial. This could involve a reduction of the charges, deferred prosecution, conditional discharge, a dismissal of a charge or charges, or a plea agreement with more lenient sentencing terms.
Trial RepresentationWe are courtroom lawyers. If your case goes to trial, our attorneys have substantial, real world courtroom experience. Our goal is to develop a persuasive defense on your behalf, using available evidence and legal arguments to challenge the prosecution's case. We will fight diligently to protect your rights, pursuing a favorable outcome. Each case, like each person charged with larceny, is different. The strength of the case against you and the availability of evidence to support your defense will determine whether or not it is advisable to take the case to trial, attempt to negotiate, or enter a guilty plea.
Expungement of Larceny Charges in North CarolinaIn some circumstances, it may be possible to have a larceny charge or conviction expunged from your criminal record. The North Carolina laws regarding expunctions are notoriously complicated. Expungement can provide significant benefits, such as improved employment opportunities and the restoration of certain civil rights. Our attorneys can assess your eligibility for expungement and guide you through the process.
Criminal District Court Bench Trials in North Carolina and Appeals to Superior Court for a Jury TrialIn North Carolina, misdemeanor larceny charges typically begin in the criminal District Court, where a bench trial is conducted before a judge. If the defendant is found guilty and is not satisfied with the outcome, they have the option to appeal the decision to the Superior Court for a jury trial. An appeal must be entered within a very short time period. Failure to do so results in a waiver of the right to appeal and receive a jury trial.
At Powers Law Firm, our attorneys have substantial experience handling larceny and theft allegations, the related plea negotiations, and trials and understand the intricacies of the North Carolina court system. It would be an honor to help you navigate the process, from the initial bench trial to appealing for a jury trial in Superior Court, as appropriate.
Criminal District Court Bench Trials Criminal District Court is the first level of the court system in North Carolina, where many misdemeanor larceny cases are initially heard. A bench trial in District Court is conducted before a judge, who is responsible for determining guilt or innocence based on the evidence and arguments presented by the prosecution and defense. If the defendant is found guilty, the judge will also determine the appropriate sentence.
Defendants have the option to appeal the District Court's decision to the Superior Court if they are not satisfied with the outcome of the bench trial.
Appeals to Superior Court for a Jury TrialIf a defendant exercises their right to an appeal, the case will proceed to the Superior Court level for a new trial, known as a trial de novo. At this stage, the defendant has the right to request a jury trial composed of 12 impartial jurors selected from the local community.
The Superior Court trial effectively starts from scratch, and the previous District Court decision is not considered in the Superior Court proceedings. That applies to both the verdict and the judgment imposed. Both the prosecution and defense will have the opportunity to present their case again, and the jury will be responsible for determining the defendant's guilt or innocence based on the evidence and arguments presented.
If the jury finds the defendant not guilty, the larceny charges are concluded. If the jury finds the defendant guilty, the Superior Court judge will determine the appropriate sentence. The judge is not bound by the original sentence in District Court. It is also possible to appeal the Superior Court's decision to the North Carolina Court of Appeals, although such appeals typically focus on legal errors rather than factual disputes.
Navigating the North Carolina Court System At the Powers Law Firm, our experienced attorneys are well-versed in the North Carolina court system and can provide comprehensive legal representation throughout the trial process. From the initial District Court bench trial to appealing the case to Superior Court for a jury trial, we are committed to protecting your rights and pursuing a just outcome for your larceny case.
While we do not undertake appeals to the Court of Appeals and/or the Supreme Court of North Carolina, we may be able to provide a referral to another attorney who handles post-conviction appeals. Contact us today to discuss your options and learn more about how our knowledgeable and dedicated attorneys can help you navigate the complexities of the North Carolina legal system.
Jury Trials in North Carolina Larceny CasesIn North Carolina, defendants facing larceny charges have the right to a jury trial. A jury trial is a fundamental aspect of the American criminal justice system and provides an opportunity for the accused to present their case before a panel of impartial jurors.
Senior firm attorney Bill Powers has extensive experience representing clients in jury trials and is well-versed in the strategies and procedures required to effectively present a larceny defense in this setting. We'd like to put our practical courtroom experience and trial skills to work for you.
The Importance of Jury SelectionThe jury selection process, also known as voir dire, can be a critical stage in any larceny trial. We believe jury selection is as much art as it is science. During voir dire, our attorneys work to identify and select jurors who are unbiased and open to considering the defense's arguments. We strive to assemble a jury that is fair and impartial, understanding how vital that can be to a favorable outcome.
Presenting a Compelling Case to the JuryIn a larceny jury trial, our attorneys endeavor to present a persuasive case to the jury, which includes opening statements, examination and cross-examination of witnesses, introduction of evidence, if appropriate, and closing arguments. We develop a comprehensive defense strategy tailored to the specific facts of your case, utilizing our extensive knowledge of North Carolina larceny laws and our trial experience to challenge the prosecution's evidence. Our goal is to present a compelling argument on your behalf.
The Jury's Role in Determining the OutcomeThe jury plays a pivotal role in determining the outcome of a larceny trial. After both the prosecution and defense have presented their cases, the jury will deliberate and decide whether the defendant is guilty or not guilty of the charges. If the jury is unable to reach a unanimous verdict, a mistrial may be declared by the Court, and the prosecutor may retry the accused. Rerials after a mistrial generally do not violate constitutional double jeopardy protections. At the Powers Law Firm, we understand the importance of the jury's decision and will work to develop a comprehensive defense strategy.
Bench Trials in North Carolina Larceny Cases In some cases, a defendant facing larceny charges may choose to proceed with a bench trial in Superior Court rather than a jury trial. A bench trial is conducted solely before a judge, who assumes the role of fact-finder and arbiter of the law.
At the Powers Law Firm, our experienced attorneys are well-equipped to represent clients in bench trials and can help you determine if this option is the right choice for your larceny case.
Advantages of a Bench TrialThere are several potential advantages to choosing a bench trial in a larceny case:
- A bench trial is often faster and more efficient than a jury trial, as it bypasses the jury selection process and typically involves fewer delays and scheduling conflicts.
- Judges are experienced legal professionals who are often better equipped to understand complex legal issues and evaluate the credibility of witnesses and evidence.
- In some cases, a judge may be less likely to be swayed by emotional appeals or bias, leading to a more objective evaluation of the facts.
Preparing for a Bench TrialPreparing for a bench trial is very similar to preparing for a jury trial. It includes a thorough investigation of the case, an analysis of the applicable larceny laws, and the development of arguments that challenge the prosecution's evidence and serve as a basis for reasonable doubt.
Presenting the Defense in a Bench TrialIn a bench trial, our attorneys will present the larceny defense directly to the judge through opening statements, examination and cross-examination of witnesses, introduction of evidence, and closing arguments. We want the judge to understand and adopt the defense theory of the case, our reading of the applicable laws, and the reasons why the charges should be dismissed or the defendant should be acquitted.
The Judge's Role in Determining the OutcomeIn a bench trial, the judge is responsible for determining the defendant's guilt or innocence based on the evidence presented during the trial. If the judge finds the defendant not guilty, the larceny case is concluded. If the judge finds the defendant guilty, a sentencing hearing will be scheduled to determine the appropriate penalties.
At Powers Law Firm, our experienced larceny defense attorneys understand the nuances of both jury trials and bench trials and can help you determine the best course of action for your case. We are committed to serving as zealous advocates and working diligently to protect your statutory and constitutional rights in your larceny case. Contact us today to discuss your options and learn more about how we can assist you in navigating the North Carolina legal system.
Contact Powers Law Firm Today If you or a loved one is facing larceny charges in North Carolina, we believe it is crucial to secure experienced legal representation as soon as possible. At the Powers Law Firm, we are dedicated to compassionate legal advocacy for our clients. We invite you to contact us for a confidential consultation to discuss your case and learn how we can help you protect your rights.
Remember, larceny charges carry consequences. Don't hesitate to reach out to our experienced North Carolina larceny defense attorneys at Powers Law Firm to start building your defense today.
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