Asheville Shoplifting Lawyer

Shoplifting is considered a lesser crime under the umbrella of larceny and theft. The act, in the eyes of North Carolina lawmakers, refers to the concealment of objects that the accused does not own and the subsequent removal of those objects from their owner’s possession. 

Law enforcement representatives most often address shoplifting charges when considering the relationship between shop owners and their clients. Accusations of shoplifting constitute a Class 3 Misdemeanor and put you at risk for up to 20 days in jail. Lawmakers may also require you to undertake community service, depending on the value of items shoplifted.

If you’re facing a shoplifting conviction for the second time in three years, the consequences for your alleged misconduct may increase in severity, constituting a Class 2 Misdemeanor. Class 2 Misdemeanors put you at risk for up to 60 days in jail and community service alongside applicable fines.

When Does Shoplifting Graduate to Larceny?

As mentioned, the value of items allegedly removed from another person’s property can contribute to the legal consequences you face in a court of law. Specifically, if you’re accused of shoplifting items of less than $1,000 in value, your charges may remain misdemeanors but may increase to Class 1 penalties.

The jail time associated with a Class 1 misdemeanor can see you face up to 120 days in jail for the larceny of property. 

If the value of the objects you’re accused of stealing exceeds $1,000 in value, you risk Class H felony larceny charges, which can see you face up to eight months in jail and $1,000 in fines.

Shoplifting charges may seem insubstantial at first, but leaving them unchallenged can spell trouble for your future. These charges may make it more difficult for you to secure work or participate in professional life. If you find yourself in a tight financial spot, you may also find the related fines untenable.

That is the benefit, however, of challenging shoplifting charges. Together with a shoplifting attorney in Asheville, you can fight to keep your criminal record clear. When addressing the charges brought against you, you can specifically argue:

Lack of Intent

There are all sorts of ways objects you don’t own or pay for can make their way into your possession. If you have a child, for example, that child may sweep unwanted items into your cart. You may alternatively forget to pay for something on the way out of a shop and only realize that you’ve shoplifted upon reaching the parking lot.

If a shop owner attempts to hold you liable for shoplifting in these situations, you can argue that your lack of intent to shoplift delegitimizes the case against you. You can work with a shoplifting lawyer in Asheville to specifically establish your argument and present it to a judge and jury.

Misrepresentation of the Facts

Shop owners are not perfect people. Even with ever-improving technology, these parties can misunderstand the circumstances that make it appear as though you’ve shoplifted from their properties. In these cases, you may be brought to court on the merit of a shop owner’s memory instead of any actual crime.

It is the job of an Asheville criminal defense attorney, on these occasions, to prove that a shop owner can not only fall short of their burden of proof but that they have misrepresented the facts of your case. So long as our team can introduce reasonable doubt into a shop owner’s argument, you have a chance of reducing or throwing off your shoplifting charges.