Introduction
Theft is a broad legal term in North Carolina that encompasses everything from shoplifting to embezzlement and auto theft. Whether you’re facing a misdemeanor for stealing low-value property or a felony for a major financial crime, theft charges carry serious consequences that can impact your future.
This guide explains how theft is defined under North Carolina law, the differences between misdemeanor and felony theft, what penalties you may face, and how an experienced attorney at Martine Law can help protect your rights.
What Is Theft Under North Carolina Law?
In North Carolina, the legal term most commonly used for theft is larceny. According to NCGS § 14-72, larceny is defined as the unlawful taking and carrying away of someone else’s property with the intent to deprive the owner of it permanently.
Common types of theft in North Carolina include:
- Shoplifting
- Auto theft
- Possession of stolen goods
- Embezzlement
- Identity theft
- Credit card fraud
- Theft by deception
- Burglary (involving theft and unlawful entry)
Unlike some states, North Carolina does not have separate statutes for every type of theft — most are prosecuted under larceny laws.
Misdemeanor vs. Felony Theft in North Carolina
Whether a theft charge is classified as a misdemeanor or felony depends primarily on the value of the property stolen and the circumstances of the crime.
Misdemeanor Larceny (Petty Theft)
- Value of property: $1,000 or less
- Class 1 misdemeanor
- Penalties: Up to 120 days in jail, probation, fines, and restitution
- Often applies to shoplifting or low-value theft cases
Felony Larceny (Grand Theft)
- Value of property: Over $1,000
- Class H felony (unless aggravated)
- Penalties: 4 to 25 months in prison, plus fines and restitution
- Can also be charged as a felony regardless of value if:
- The item stolen was a firearm or explosive
- The theft involved a breach of trust (e.g., employee theft)
- The person has prior larceny convictions
Legal Aid NC explains these thresholds in more detail and offers support for those accused of theft-related offenses.
Shoplifting Laws in North Carolina
Shoplifting is one of the most common forms of theft. It includes:
- Concealing merchandise
- Altering price tags
- Exiting the store without paying
Even attempted shoplifting can lead to charges, especially if store security or video footage documents your actions.
Penalties for shoplifting can include:
- Jail time
- Mandatory classes or community service
- Civil liability to the store
- A criminal record that follows you for life
If you’re facing shoplifting charges, a criminal defense attorney from Martine Law can help explore plea bargains or diversion programs.
Possession of Stolen Property
Being in possession of stolen items — even if you didn’t commit the theft — can lead to a separate criminal charge under NCGS § 14-71.1.
To convict, the prosecution must prove:
- The property was stolen
- You knew or should have known it was stolen
- You intentionally retained or disposed of it
This offense can be charged as a misdemeanor or felony, depending on the value of the item.
Identity Theft and Financial Crimes
North Carolina takes financial crimes seriously. Identity theft, credit card fraud, and embezzlement are often charged as felonies and can include:
- Unauthorized use of someone’s personal or financial information
- Opening credit accounts using stolen identities
- Stealing from an employer or financial institution
Depending on the amount involved and whether it was part of an ongoing scheme, penalties can include prison, fines, and restitution, along with the loss of professional licenses or employment.
Sentencing and Penalties
Penalties for theft convictions in North Carolina are guided by a structured sentencing system, which considers:
- The class of the offense (misdemeanor or felony)
- Your prior criminal record
- Aggravating or mitigating factors
A felony theft conviction can result in years of prison time, while misdemeanors may involve jail, probation, or fines. Regardless of the outcome, a conviction will go on your criminal record — affecting job applications, housing opportunities, and future background checks.
Defending Against Theft Charges
Being charged with theft does not mean you will be convicted. At Martine Law, we explore every possible legal defense, including:
- Lack of intent to permanently deprive
- Mistaken identity
- False accusations
- Unlawful search or seizure
- Misunderstanding over ownership
- Entrapment by law enforcement or store security
Each case is different, and we take the time to build a defense tailored to your situation.
Expungement of Theft Convictions
Some theft convictions may be eligible for expungement, which means they can be removed from your public record. Eligibility depends on:
- The type of offense
- The time elapsed since completing your sentence
- Whether you have committed additional crimes
Learn more about expungement eligibility from the North Carolina Courts.
Why You Need a Theft Defense Attorney
Whether you’re accused of misdemeanor shoplifting or felony embezzlement, hiring an experienced defense attorney can help you:
- Understand your rights
- Challenge illegal evidence
- Negotiate a plea bargain or diversion
- Argue for reduced charges or dismissal
- Avoid harsh sentencing
At Martine Law, we guide clients through every stage of the criminal process and fight to protect your future.
Call Martine Law Today
If you’ve been charged with theft in North Carolina, the time to act is now. The longer you wait, the fewer legal options you may have. Contact Martine Law today to schedule a confidential consultation and take the first step toward a strong legal defense.