Being arrested for theft in North Carolina can have long-lasting consequences. From possible jail time to a criminal record that could follow you for years, the stakes are high. But getting charged with theft doesn’t automatically mean you’ll be convicted. With the right legal strategy, it is possible to fight the charges and potentially walk away with a dismissal, acquittal, or reduced penalties.
This guide will walk you through what happens after a theft arrest in North Carolina, your rights, potential defenses, and how to improve your chances of avoiding a conviction.
What Constitutes Theft in North Carolina?
Theft crimes in North Carolina are generally classified under larceny, which involves taking another person’s property with the intent to permanently deprive them of it. The law distinguishes between petty theft (misdemeanor larceny) and felony theft, usually based on the value or type of property stolen.
Common theft-related charges include:
- Misdemeanor larceny (property under $1,000)
- Felony larceny (property over $1,000 or certain types like firearms)
- Shoplifting
- Possession of stolen goods
- Embezzlement
- Breaking and entering with intent to steal
The relevant law is outlined in North Carolina General Statutes §14-72.
What Happens After a Theft Arrest?
When you’re arrested for theft in North Carolina, the process usually unfolds as follows:
- Arrest and Booking: Police will take you into custody and formally charge you.
- Bail Hearing: Depending on the severity, you may be released on bond or held until your first court appearance.
- Arraignment: You’ll enter a plea—guilty, not guilty, or no contest.
- Pre-trial Proceedings: This may include discovery, motions, and possible plea negotiations.
- Trial: If no plea deal is reached and charges aren’t dropped, your case goes to trial.
During this time, hiring a criminal defense lawyer can make a major difference in the outcome of your case.
What Are the Penalties for Theft in North Carolina?
Penalties vary based on the type and value of the property allegedly stolen:
Misdemeanor Larceny (Class 1)
- Applies when stolen property is worth less than $1,000
- Punishable by up to 120 days in jail
- Community service and probation may also apply
Felony Larceny (Class H or Class G)
- Class H for general theft over $1,000 or theft of firearms
- Up to 39 months in prison for Class H; more for Class G if aggravating factors apply
In addition to jail or prison time, a conviction may result in:
- Restitution to the victim
- A permanent criminal record
- Loss of employment or professional licenses
- Damage to your reputation and personal relationships
Legal Defenses Against Theft Charges
Defending against theft charges requires a tailored strategy. Some common legal defenses include:
1. Lack of Intent
If the prosecution cannot prove that you intended to steal, the charge may not stand. For example, if you walked out of a store distracted and forgot to pay, your lawyer may argue it was an honest mistake.
2. Mistaken Identity
Video surveillance or eyewitness testimony might incorrectly identify you as the perpetrator. Your attorney can present alibis, discrepancies in descriptions, or other evidence to disprove the claim.
3. Ownership Disputes
You cannot be guilty of stealing property that you reasonably believed belonged to you. Disputes between roommates, family members, or business partners may fall into this category.
4. Illegal Search or Seizure
If law enforcement violated your constitutional rights—such as conducting a search without a warrant—your attorney can file a motion to suppress the evidence.
5. Insufficient Evidence
The prosecution must prove your guilt beyond a reasonable doubt. If they fail to produce strong, admissible evidence, your charges may be dismissed.
How a Lawyer Helps You Fight the Charges
At Martine Law, our attorneys work quickly and aggressively to protect your rights and build your defense.
We help by:
- Investigating the facts of your case
- Examining police reports, witness statements, and surveillance footage
- Challenging unlawful search and seizure procedures
- Negotiating with the prosecutor for a dismissal or plea reduction
- Representing you in court with a strong defense strategy
The earlier you get a lawyer involved, the better your odds of resolving the case favorably.
Can Theft Charges Be Dropped or Dismissed?
Yes, under certain circumstances theft charges may be dropped or dismissed, especially for first-time offenders or cases involving weak evidence.
Some potential resolutions include:
- Pretrial Diversion: For non-violent, first-time offenders, completing a program may lead to dismissal.
- Deferred Prosecution: Similar to diversion, you complete conditions (like restitution or community service) and the case is dropped.
- Dismissal: If evidence is lacking or constitutional violations occurred.
- Plea Deal: Your attorney may negotiate a lesser charge to avoid a criminal conviction.
Visit Legal Aid of North Carolina for resources available to eligible residents facing criminal charges.
What Should You Do If You’re Arrested?
- Remain Silent
Don’t try to talk your way out of it. Anything you say can be used against you in court. - Ask for a Lawyer
Politely state that you want to speak with a lawyer and stop answering questions until you have one. - Avoid Speaking to Victims or Witnesses
Contact could be seen as witness tampering. Let your attorney handle all communication. - Start Building Your Defense Early
Write down everything you remember about the incident while it’s fresh. - Consult an Attorney Immediately
The sooner you consult a lawyer, the better prepared you’ll be to fight the charge.
How Martine Law Can Help
If you’ve been charged with theft in North Carolina, time is not on your side. At Martine Law, we take a proactive, aggressive approach to defending your rights. From investigating the arrest to negotiating with the DA to representing you at trial, we are committed to helping you move forward.
Contact us now to schedule a consultation and start fighting back.