Theft charges follow you. Employers, landlords and licensing boards read a larceny conviction as a statement about honesty, which is why even a misdemeanor shoplifting charge is worth fighting. In North Carolina, the value involved and your record decide whether you're facing a misdemeanor or a felony.
Theft charges in North Carolina
Larceny of property worth $1,000 or less is a Class 1 misdemeanor in North Carolina. Over $1,000 it is a Class H felony. Larceny is a felony regardless of value when it's from the person, from a building by breaking in, of a firearm, of an explosive, or when the accused has four or more prior larceny convictions. Shoplifting by concealment of merchandise is a Class 3 misdemeanor for a first offense under G.S. 14-72.1.
Related charges include obtaining property by false pretenses (Class H felony, or Class C over $100,000), embezzlement (Class H felony, Class C over $100,000), possession of stolen goods (misdemeanor or felony on the same value lines as larceny), financial card theft and fraud, and identity theft (Class G felony). Organized retail theft has its own felony statute.
Shoplifting and civil demand letters
Retailers often send a civil demand letter asking for money on top of the criminal charge. Paying it doesn't resolve the criminal case, and what you say to loss prevention can be used against you. Talk to us before you respond to either.
Defenses and outcomes
Mistaken identity, lack of intent to permanently deprive, a claim of right to the property, and valuation disputes that move a felony back to a misdemeanor are all common. First-time offenders can often resolve a theft charge through deferred prosecution or a conditional discharge that ends in dismissal.
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Call (704) 842-3411Request a free case reviewCommon questions
What's the difference between larceny and embezzlement?
Larceny is taking property that isn't yours. Embezzlement is converting property that was lawfully entrusted to you, by an employer for example. In North Carolina embezzlement is a felony regardless of amount, which makes workplace accusations especially serious.
Can a theft conviction be expunged?
A first conviction for a nonviolent misdemeanor larceny can be expunged five years after the sentence is completed under G.S. 15A-145.5, and a nonviolent felony after ten years. Shoplifting dismissed through a deferral program can be expunged as a dismissal. Each petition requires that you have no other pending charges and have paid all costs.
Will I go to jail for a first shoplifting charge?
Rarely. Most first-offense misdemeanor larceny cases in North Carolina resolve with a dismissal through a deferral program, or with probation and community service. The record consequence is the real fight.
This page provides general information about North Carolina law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.