A theft conviction can attract significant penalties and collateral consequences. It’s best to hire an aggressive theft crimes lawyer if you’re facing theft charges in Charlotte. At King Law, we have decades of experience representing clients in theft crimes cases and an impeccable history of successful case outcomes. So, don’t gamble with your future by trying to handle your charges yourself. We’re here to help defend your rights.
North Carolina Theft Laws and Classifications
According to North Carolina law, theft can occur when you knowingly obtain another party’s property or through direct intimidation or threat. Theft crimes can either be felonies or misdemeanors depending on how the crime is committed and the value of the property involved.
Theft and larceny often get confused for each other. Nonetheless, larceny is considered a lesser form of theft. The legal term for taking another person’s property without their consent and without intending to return it is larceny rather than theft.
North Carolina law no longer recognizes the legal distinction between petit and grand larceny. If you get charged with larceny, you’ll probably face petty theft charges. The state’s larceny statute covers both felony and misdemeanor larceny. With your relatively limited knowledge, it will be difficult to understand the charges you face, so you need an experienced legal team to explain everything and advise you.
What Are the Elements of Charlotte Theft Crimes?
As with other crimes, prosecutors must prove every element of the alleged crime beyond a reasonable doubt. Building a successful defense against your charges entails showing that the elements of theft haven’t been met. The elements of theft crimes in Charlotte, NC. are:
- The defendant took the victim’s property knowingly.
- The property got carried away from the crime scene.
- The owner didn’t consent to the property being taken away.
- The defendant intended to deprive the owner of the said property.
Our team’s defense strategy starts with taking on the prosecution’s evidence and trying to disprove it. At King Law, we fight for the best possible outcome, even if that means taking a case to trial. Therefore, we’re the team you can count on for reliable representation if you’re facing theft charges in North Carolina.
Is Burglary the Same as Theft in North Carolina?
Although burglary is a means of stealing property, it isn’t theft, per se. North Carolina law defines it as the forced and unlawful entry into premises with the intent of committing a crime. Moreover, burglary doesn’t require the use of violence, threat, or a dangerous weapon.
Burglary and theft crimes are often charged together since they overlap. Being charged with burglary alongside a theft crime will undoubtedly attract harsher penalties. At King Law, our skilled attorneys have years of expertise in investigating the facts and circumstances of theft allegations before determining the most suitable defenses to fight or lessen the charges.
Receiving or Possessing Stolen Property
Contrary to what you may think, theft crimes don’t entail actively stealing another person’s property. You can also face charges if you’re found receiving or possessing stolen property. If you get convicted of receiving or possessing stolen goods, you’ll face felony charges under North Carolina criminal law.
Receiving or possessing stolen property often gets charged as a class H felony. If convicted, the potential penalties will depend on the aggravating and mitigating factors and your previous criminal history. An aggressive Charlotte criminal lawyer can help disprove the prosecution’s evidence and have your charges dismissed or lessened.
Theft Crime Penalties in Charlotte, NC
Generally, the penalties for theft and similar property crimes depend on various factors, including the circumstances of the crime, the value of the stolen property, and the severity of the charges. These circumstances help the court to determine whether to charge you with a felony or a misdemeanor. Generally, first-time offenders tend to face less severe charges than subsequent offenders.
For instance, first-degree burglary is a class D felony that can result in a jail term of up to 160 months. Conversely, second-degree burglary is a class G felony that could result in a 31-month prison term.
Besides jail, you may be required to pay a fine to the state or compensate the victim. Your assets can also get seized under North Carolina’s civil forfeiture laws, especially if they were bought using stolen money. Other penalties include probation, community service, and house arrest. With this in mind, you need an aggressive Charlotte theft crimes attorney to defend your rights and secure the best possible outcome.
Defenses for Theft Charges in Charlotte
Theft crimes undoubtedly carry significant penalties and punishments. The good news is that there are multiple viable defense strategies our team can leverage to ensure a favorable outcome in your case. It’s essential to our Charlotte criminal defense lawyers as soon as investigations start. Before you go in for questioning, it’s best to confer with a theft lawyer on our team.
We will advise you on the pros and cons of providing a statement. Remember that you’re presumed innocent until found guilty, and we’re committed to ensuring that your rights don’t get violated during the investigation, arrest, and arraignment.
Contact Our Skilled Criminal Defense Attorneys Today
Our team of highly-qualified lawyers have successfully defended our clients and fought for their rights. Thanks to our experience handling theft crimes cases, we can poke holes into the prosecutor’s arguments and secure the best possible outcome.
A lot will be at stake if you or a loved one faces theft charges in Charlotte. You can count on our hands-on team for aggressive legal advice and representation. King Law serves clients throughout North Carolina, so call us at (888) 748-5464 or (888) 748-KING to discuss your options. You can also fill out our contact form.