FAQs About Larceny Charges in Charlotte

Larceny means taking property that belongs to another person without their permission and with no intention of returning it. That's as true in Charlotte as it is anywhere else in North Carolina.

To prove a defendant committed the crime of Larceny, the prosecutor must establish the following prima facie elements of the crime Beyond a Reasonable Doubt:

• The Defendant took property belonging to another person
• The Defendant carried away the property
• The Defendant, at the time of the taking, intended to take the property permanently
• The Defendant knew he/she was not entitled to take the property

The prosecution must prove you took the property of another, carried it away (even a short distance), and intended to permanently deprive the owner of the property. Defense lawyers refer to that as the State's Burden of Proof.

The value of stolen property often determines whether charges are filed as a misdemeanor or felony. Taking property valued at more than $1,000 constitutes felony larceny under N.C.G.S. § 14-72. The law also classifies certain types of larceny as felonies regardless of value - such as taking from an employer, stealing firearms, or removing property from a building after breaking and entering.

Common examples in Charlotte include:

• Taking merchandise from stores
• Removing construction materials from job sites
• Taking packages from porches
• Stealing from employers
• Taking items from vehicles

The difference between larceny and robbery involves force. Larceny does not involve force or threat of force against a person. When force enters the equation, charges typically escalate to robbery, which carries more severe penalties. Robbery with Dangerous Weapon or "RWDW" charges have essential elements that include unlawfully taking the property of another.

The value of property taken often determines whether charges are filed as a misdemeanor or felony in Charlotte courts. Taking items valued at $1,000 or less typically results in misdemeanor charges, while property valued above $1,000 leads to felony charges. Under the NC Criminal Laws, there is also Habitual Misdemeanor Larceny, which is a felony criminal charge. As such, value alone does not tell the whole story.

Certain types of larceny constitute felonies regardless of value:

• Taking from an employer
• Stealing firearms
• Breaking into a building and taking property
• Removing goods from a store after deactivating security devices
• Taking property from a vehicle after breaking into it

Misdemeanor larceny cases start in Mecklenburg County District Court. For first-time charges, courts may offer deferred prosecution programs. Lack of a prior criminal record does not guarantee or promise eligibility for a dismissal of charges, deferred prosecution, 15A Conditional Discharge, or other criminal deferral program. Such programs often require completing community service, paying restitution, and meeting other conditions. Upon successful completion, charges may be dismissed in appropriate circumstances. It can be a relatively complicated process. That's one reason it makes sense to consult with an experienced criminal defense lawyer about the specifics of your individual legal matter.

Felony cases begin with a first appearance in District Court, followed by a probable cause hearing orIndictment by a Grand Jury. Cases then move to Superior Court through a True Bill of Indictment or a Bill of Information. The processing time, potential penalties, and available programs differ significantly between misdemeanor and felony charges.

Prior convictions can affect how new charges are handled. Multiple misdemeanor larceny convictions may result in felony charges for subsequent offenses. The Court, as well as the District Attorney's Office, considers criminal history when determining conditions of release, plea offers, and sentencing options.

After arrest, processing takes place at the Mecklenburg County Detention Center on East 4th Street in Charlotte. During booking, officers collect personal information, take fingerprints, and photograph the accused.

Release options may include:

• Written promise to appear
• Unsecured bond
• Secured bond requiring payment
• Pretrial supervision

Upon release, you receive paperwork showing your court date, courtroom number, and case file number. Most larceny cases begin in either Courtroom 1130 or Courtroom 1150, both are Criminal District Court, in the Mecklenburg County Courthouse. Court dates appear on the Mecklenburg County Clerk of Court website under criminal case information.

The store or property owner may have banned you from returning to the location. Violation of these restrictions can result in additional charges. Stores often photograph accused persons and share information with loss prevention departments.

The court may order no contact with certain locations or witnesses as a condition of release. Pretrial services, when ordered, requires regular check-ins and updates about employment, residence, and pending charges.

Property seized as evidence remains in police custody until court disposition. The process for returning property to owners varies based on whether items serve as evidence in the case.

Most larceny charges in Charlotte require a court appearance. The court date and time appear on release documents from the jail or citation.

Under certain circumstances, defense counsel may appear on your behalf in District Court. This requires signing specific documentation and prior approval from the Court. Superior Court matters generally require personal appearance.

Missing court may result in the Court issuing an Order for Arrest. The Judge determines conditions of release once the Order for Arrest has been served.

If unable to attend court due to work, medical issues, or family emergencies, contact defense counsel before the court date. The Mecklenburg County Courthouse opens at 8:00 AM. Most criminal courts start at 9:00 AM.

The State must prove larceny beyond a reasonable doubt. This includes proving a taking of property and intent. Each case deserves review to understand the facts, the law, and available options moving forward.

Defense lawyers start by examining what happened. In many instances, defendants face accusations after being stopped by store security or law enforcement. The facts of what took place help determine the next steps.

Some defendants maintain innocence. Others acknowledge a mistake in judgment. Understanding what happened shapes how defense counsel approaches negotiations with the State.

Possible resolutions depend on many factors. Prior record, jurisdiction, facts of the case, and available evidence affect plea offers. First-time offenders might qualify for programs like deferred prosecution or conditional discharge, but eligibility varies. No one should assume they qualify for dismissal or a "deal" based solely on a clean record.

Mitigation means showing positive steps. This could include accepting responsibility, seeking counseling, maintaining employment, or paying restitution. These factors may influence how the District Attorney's Office views resolution.

Attorney fees for larceny charges in Charlotte depend on several factors. The Powers Law Firm PA reviews facts, prior record, and case complexity during consultation. Each case demands different levels of preparation, court time, and legal work.

Legal fees represent one part of the total expense. Court costs, set by statute, apply in every case. Restitution to complaining witnesses remains separate. Some programs require additional fees. No attorney should promise specific outcomes based on fees paid.

Release from jail may require posting bond. Bond money differs from the bondsman's premium. A $1,000 secured bond requires either cash payment to the clerk or hiring a bondsman. Bondsman premiums, typically 15%, are non-refundable. Cash bonds return after case completion, assuming compliance with conditions.

Public defender services require proof of inability to afford counsel. The Court reviews financial affidavits, employment status, and assets before appointment. Income guidelines determine eligibility.

The Powers Law Firm PA provides written fee agreements detailing services, costs, and payment terms. Bill Powers reviews these documents during consultation, answering questions about representation costs. Text 704-342-4357 to schedule.

Everyone wants to know, "Can I get my charges dismissed?" There's a reason for that. Larceny is a crime of dishonesty. No one wants to be saddled with the reputation for being a thief. That's also why people also ask, "Can I get my record expunged?"

"A conviction for larceny can make it very difficult to find and maintain a job. Employers generally don't want folks working for them who might be inclined to take something that isn't theirs"

- Bill Powers, Charlotte Larceny Lawyer

The District Attorney's Office prosecutes larceny charges in Charlotte. The State possesses authority to dismiss criminal charges. Defense lawyers cannot guarantee or promise dismissal of charges and expunction of record.

Defense counsel, as part of advocating for our client's best interests, present mitigating circumstances to the prosecutor as they may exist. Plea negotiation discussions also tend to focus on the unique facts and circumstances of the fact pattern. Each case may present different factual and legal issues.

Some first-time offenders may qualify for deferral programs. Eligibility varies. Prior criminal record and the facts of the case may also affect available options. If successfully completed, that may result in a dismissal of charges.

The Powers Law Firm PA enjoys helping clients. We think it's helpful to begin by explaining possible options and non-trial dispositions during the initial consultation. Jurisdiction policies, preferences, and protocols change. What worked for a friend's case may not apply to your charges. Text 704-342-4357 to schedule a consultation with a criminal defense lawyer at the Powers Law Firm in Charlotte NC.

Larceny involves dishonesty. It's considered a "crime of moral turpitude" or "crime involving moral turpitude" or "CIMT." Theft crimes carry consequences. Courts, employers, and licensing boards may consider an arrest for larceny, embezzlement, misappropriation, and other theft crimes. Immigration status may also be affected by a CIMT charge. A conviction can appear in criminal background checks, often causing problems. Mugshots and other arrest history and information are becoming increasingly easy to find on the Charlotte public court portal known as eCourts or "Odyssey."

Names, criminal charges, case numbers, and court dates in Mecklenburg County may be accessed through the public portal. Certain arrest records in Mecklenburg County are also available online through the Mecklenburg County Sheriff's Office website.

Job applications often specifically ask about theft convictions. Employers review available criminal records, sometimes focusing on charges involving truthfulness and handling money or property. Banks, financial institutions, schools, and healthcare facilities also maintain strict policies regarding crimes of dishonesty.

Professional licensing boards regularly request criminal record disclosure. A larceny conviction can affect applications for real estate licenses, nursing credentials, teaching certificates, and other regulated professions like lawyers in North Carolina. Each board sets standards for licensure.

Felony larceny convictions prohibit firearm possession. That's true for any felony in North Carolina. Federal law bans possession, purchase, and transfer of firearms (and ammunition) after felony convictions. This restriction remains permanent unless rights receive restoration through proper legal channels.

For non-U.S. citizens, larceny convictions can create substantial immigration concerns. Immigration courts may classify theft as a crime of moral turpitude. This may affect visa status, permanent residence applications, and naturalization petitions.

The Powers Law Firm PA reviews the consequences of a criminal conviction during consultation. Understanding the possible long-term effects of an arrest for larceny in Charlotte is an important aspect of making informed decisions about case resolution. TEXT or call 704-342-4357 to schedule a confidential consultation.