Hickory Petty Larceny Lawyer

Hickory Petty Larceny Attorney

Petty Larceny in North Carolina

Larceny is the intentional theft of stolen goods, and the penalties for this crime depend largely on the value of what is stolen. Facing charges of larceny, even petty larceny, can be daunting and overwhelming, especially if you decide to defend yourself on your own. For effective criminal defense, it’s crucial to consult with an experienced attorney to understand what your options are. In this case, you may want to speak with a Hickory petty larceny lawyer soon.

Petty larceny is considered a Class 1 misdemeanor in North Carolina. A Class 1 misdemeanor charge will receive a punishment of jail time and a fine of whatever the court deems necessary.

In the state of North Carolina, petty larceny is defined as the theft of goods that are worth less than $1,000. Grand larceny is the theft of goods that are worth more than $1,000. The higher the value of the stolen goods, the larger the potential consequences.

Possible Defenses Against a Petty Larceny Charge

When building a case against you for larceny in Hickory, North Carolina, there are certain factors that the prosecution has to prove in order for their case to be impenetrable. On the other side, skilled defense attorneys can build a case around certain potential defenses that can be strong in their own right. Here are some of the possible defenses you may be able to take when fighting charges of petty larceny:

• Lack of Intent: Intent is one of the most important elements of any larceny case. The prosecution has to prove not only that you took something that didn’t belong to you but that you meant to do it. It is a totally viable defense to claim that you did not intend to steal the item in question.For example, if you took something believing it to be yours, that can be evidence of a lack of intent. Also, you can argue that you did take the item in question but had completely intended to return it as soon as you realized it wasn’t yours. That also shows a lack of intent.
• Property Value: The value of the property in question will likely determine what your penalties will be if you are convicted. Your lawyer can argue that the estimation of the property’s value was done incorrectly and the item is, in fact, worth much less than the prosecution may claim. This can lead to a possible reduction in charges or a lesser penalty if you are convicted of the theft.
• Reasonable Doubt: Establishing reasonable doubt can be the most effective way for a defense lawyer to successfully argue a case. The prosecution must prove your guilt beyond a reasonable doubt. If your lawyer can question witness credibility or poke holes in any surveillance footage, they can effectively introduce reasonable doubt.
• Entrapment: Your lawyer may attempt to make a claim for entrapment, which occurs when someone is tricked into committing a crime by law enforcement looking to arrest someone. The person who committed the alleged theft never intended to commit the crime until they were goaded into it by the other party who was seeking to entrap them. This can be an effective defense, especially if there is evidence of the entrapment taking place.

FAQs

Q: What Is the Punishment for Misdemeanor Larceny in North Carolina?

A: The standard punishment for misdemeanor larceny in North Carolina is 120 days in jail and a fine at the discretion of the judge presiding over the case. This is the usual penalty associated with a Class 1 misdemeanor. You could also be sentenced to community service or probation if the judge seeks to make an example out of you. Overall, the punishment for larceny in North Carolina gets worse when the value of what is stolen goes up.

Q: How Much Is Petty Theft in North Carolina?

A: A larceny charge is considered petty theft in North Carolina when the amount that was allegedly stolen is valued at less than $1,000. At that point, it is considered petty theft or petty larceny, and the punishment will likely match that of a Class 1 misdemeanor. If the goods that are stolen are valued at over $1,000, the charge becomes a Class H felony, which carries a significantly higher penalty.

Q: What Is the Statute of Limitations on Petty Theft in North Carolina?

A: The statute of limitations for petty theft in North Carolina is two years, so long as the crime in question is not malicious. That means you will have two years from the date of the initial theft to pursue legal action and file a claim to hold the responsible parties accountable. If you fail to file within the two-year window, your case will likely be thrown out, and your opportunity to seek accountability will be lost.

Q: Which Larceny Offense Is Most Serious?

A: Typically, grand larceny is the most serious of larceny offenses. A theft charge becomes grand larceny when the value of the amount stolen exceeds $1,000. At that point, the theft also changes from a misdemeanor to a felony. If the theft charge becomes a Class H felony, the penalties rise substantially, as a Class H felony carries a potential penalty of substantial time in prison. The higher the value of the stolen goods, the larger the potential penalty.

Contact a Petty Larceny Lawyer Today

A charge of petty larceny may seem somewhat innocuous, but that couldn’t be farther from the truth. A misdemeanor charge is still a serious situation that can affect your future. You should consider speaking to an experienced petty larceny lawyer to see what your options are and figure out a viable defense.

At Cody Law Firm, we are determined to assist you in developing your case, gathering the necessary evidence that supports your explanation of events, and ensuring that you have consistent legal counsel throughout the process. Reach out to speak to a valued member of our legal team and schedule a consultation soon.