Introduction
Shoplifting might seem like a minor offense, but in North Carolina, it can quickly escalate to a felony, depending on the value of the items stolen, your prior record, and how the act was committed. If you’re facing shoplifting charges, understanding the law is critical — because a felony conviction can carry life-changing consequences.
In this blog, we’ll explain when shoplifting crosses the line into felony territory under North Carolina law, what penalties you could face, and how Martine Law can defend you against these serious charges.
What Is Shoplifting Under North Carolina Law?
Shoplifting typically falls under larceny laws in North Carolina. While the term “shoplifting” is often used informally, the legal classification of the crime depends on the value of the property stolen, and sometimes the method of theft.
According to North Carolina General Statutes § 14-72, larceny is the wrongful taking and carrying away of another’s personal property, with the intent to permanently deprive them of it.
Common shoplifting acts include:
- Hiding merchandise in your bag or clothes
- Altering or switching price tags
- Walking out of a store without paying
- Using fraudulent payment methods
- Returning stolen items for cash or store credit
When Is Shoplifting a Misdemeanor in NC?
In most first-time cases where the value of stolen goods is $1,000 or less, shoplifting is charged as a Class 1 misdemeanor.
Penalties for Misdemeanor Shoplifting:
- Up to 120 days in jail
- Fines
- Community service or probation
- Restitution to the retailer
- Mandatory anti-theft classes
Even though this is not a felony, a misdemeanor theft conviction creates a permanent criminal record — which can hurt your chances for jobs, housing, and loans.
When Does Shoplifting Become a Felony in North Carolina?
Shoplifting becomes a felony under certain conditions, including:
1. Value of Stolen Goods Exceeds $1,000
If you are accused of shoplifting items valued over $1,000, the crime is automatically classified as felony larceny (Class H felony).
- Penalty: 4 to 25 months in prison
2. Use of Theft Detection Shielding Devices
If you use a bag or clothing designed to block security tags or alarms, you can be charged with felony concealment of merchandise, regardless of the value of the items.
3. Repeat Offenders
If you’ve been convicted of theft or shoplifting before, you may face felony habitual larceny charges, even if the current incident involves a low-value item.
- Class H felony for habitual larceny
- Must have four or more prior larceny convictions
4. Conspiracy or Organized Theft
Participating in a coordinated shoplifting ring or stealing from multiple stores in one day can also trigger felony charges, particularly if law enforcement believes there was intent to sell or resell the items.
Felony Shoplifting Charges and Penalties
If you’re facing felony shoplifting charges, you’re looking at more than just a slap on the wrist. These charges can result in:
- State prison time
- Permanent felony record
- Loss of civil rights (voting, firearms)
- Long-term employment barriers
- Driver’s license suspension (in some cases)
Learn more about felony classifications at the North Carolina Judicial Branch.
What Happens If You Are Caught Shoplifting?
If you’re apprehended by store security, they may detain you until law enforcement arrives. You may be cited or arrested, and the prosecution will review:
- Surveillance footage
- Witness statements
- Store inventory reports
- Any stolen merchandise found on you
Even if the store recovered the merchandise, you can still be charged. Prosecutors do not need proof that you left the store — intent to steal is often enough under North Carolina law.
Civil Penalties and Restitution
Retailers can also pursue civil penalties. Under NCGS § 1-538.2, a shoplifter may be sued for:
- The retail value of the merchandise (if not recovered)
- Damages of up to $500
- Court costs and attorney’s fees
This is separate from any criminal case and can lead to long-term financial consequences even if you avoid jail.
Defense Strategies for Shoplifting Charges
At Martine Law, we examine the facts of your case and explore all legal options, including:
- Lack of intent: You forgot to pay or had no plan to steal
- Mistaken identity: Surveillance footage or witness ID was wrong
- Violation of rights: Illegal search or detention by store security
- First-time offender status: You may qualify for a diversion program
Even if the evidence is strong, we can often negotiate reduced charges or alternatives to jail that protect your record.
Can Shoplifting Charges Be Expunged?
Some misdemeanor and even felony shoplifting charges can be expunged under North Carolina law if:
- You were found not guilty
- Charges were dismissed
- You have completed sentencing and waited the required time
- You have no additional criminal history
Expungement can be a powerful tool for clearing your record. See Legal Aid NC for more on eligibility.
Why You Need a Criminal Defense Attorney
Theft-related convictions carry a social stigma that goes far beyond the legal penalties. Even a minor shoplifting incident can haunt you for years.
At Martine Law, we fight to:
- Get charges reduced or dismissed
- Keep you out of jail
- Negotiate diversion or first-offender programs
- Protect your criminal record from public exposure
- Prepare for trial if necessary
We understand how stressful these situations can be — and we’re here to help.
Final Thoughts
Yes, shoplifting can be a felony in North Carolina, depending on the value of the stolen goods, your prior record, and how the crime was committed. Whether you’re facing your first charge or dealing with a more serious felony accusation, your future depends on the legal steps you take now.
Contact Martine Law today for a confidential consultation. We’ll help you understand your rights, build your defense, and fight to protect your record and reputation.