In North Carolina, theft crimes are charged as larceny. Larceny is generally charged as a misdemeanor in North Carolina unless the stolen property is valued at more than $1,000 or the crime involves specific statutory aggravators, such as firearms or burglary.
What you may think is a minor charge can actually be serious, and not just because of potential jail time. An experienced Winston-Salem theft lawyer can protect your rights.
At McMinn, Fradin, Gray & Logan, we have decades of legal experience serving our clients. Our criminal defense lawyers in Winston-Salem could help you obtain the best possible legal result. Contact us today to schedule your confidential consultation.
Winston-Salem Theft Attorneys With a Modern Legal Approach
We invest in advanced technology because details matter. From reviewing hours of surveillance footage and analyzing digital evidence to organizing large volumes of discovery and identifying inconsistencies in the prosecution’s case, we use state-of-the-art tools to work efficiently and build the strongest defense possible.
We also believe that technology is only as effective as the people using it. That’s why we invest in experienced Winston-Salem theft attorneys, skilled support staff, and trusted experts when a case calls for additional analysis. We do not take shortcuts or rely on a one-size-fits-all defense strategy.
The Difference Between Theft and Larceny in North Carolina
Many people use the terms theft and larceny interchangeably, but they are not exactly the same under North Carolina law. “Theft” is a broad, general term that describes crimes involving the unlawful taking of another person’s property. “Larceny” is the specific criminal offense recognized by North Carolina statutes.
In its simplest form, larceny generally involves taking someone else’s personal property without their consent and with the intent to permanently deprive the owner of it. The prosecution must prove each element of the offense beyond a reasonable doubt to obtain a conviction.
For a free legal consultation with a theft lawyer serving Winston-Salem, call (336) 485-4907 today
How Larceny Is Charged Under North Carolina Law
The severity of theft charges is usually based on the value of the property. You may have no idea what charges you may face until the prosecutor places a value on the property that was allegedly taken.
North Carolina classifies its charges as follows:
- Misdemeanor larceny is when the property taken is valued at under $1,000.
- Felony larceny is when the property allegedly taken is valued at over $1,000 or when property below that amount is taken through robbery or burglary.
- Misdemeanor possession of stolen goods is when the property possessed is worth less than $1,000.
- Felony possession of stolen goods is when the property is valued at over $1,000 or when the property was taken by burglary or robbery.
- Concealment of merchandise is when the shopper is apprehended for shoplifting before they leave the store. A first offense could lead to a suspended jail sentence.
Our theft attorneys in Winston-Salem will help you better understand your charges. We will give you all the information you need to make informed decisions about your future.
Penalties for Theft in North Carolina
A theft conviction in North Carolina can have consequences that go far beyond paying a fine or spending time in jail. The penalties for theft depend on much more than the value of the allegedly stolen property. Our Winston-Salem theft lawyers will work to decrease the penalties or dismiss the charges.
Penalties for Misdemeanor Larceny
A misdemeanor larceny conviction can lead to:
- Up to 120 days in jail, depending on your prior criminal record and the applicable sentencing range
- Probation instead of active jail time in some cases
- Court costs and fines
- An order requiring you to pay restitution to the alleged victim for any financial losses
Even when you avoid jail, a misdemeanor theft conviction can continue to affect your life for years. Employers, landlords, licensing boards, and educational institutions often conduct background checks, and a theft-related conviction may raise concerns. Our Misdemeanor lawyers in Winston-Salem can protect your rights.
Penalties for Felony Larceny
For many first-time offenders, the presumptive sentencing range may include several months of incarceration, but defendants with prior convictions can face substantially longer prison sentences. In addition to imprisonment, the court may impose probation, restitution, fines, and other conditions.
A felony conviction can also result in the loss of certain civil rights and create long-term barriers to employment, professional licensing, housing, and educational opportunities. Our felony lawyers in Winston-Salem will fight to protect your freedom.
Restitution and Financial Consequences
Besides any jail time, probation, or fines, the court may also order you to pay restitution if you’re convicted of a theft offense. Restitution is meant to repay the alleged victim for the value of the property that was taken or any other financial losses directly connected to the incident.
Depending on the case, you may also be responsible for:
- Court costs
- Fines
- Costs associated with probation supervision
- Civil liability if the alleged victim files a separate lawsuit
These financial obligations can continue long after the criminal case has concluded.
Winston-Salem Theft Lawyer Near Me
(336) 485-4907
The Elements of a Larceny Offense
To win a case against you, the prosecutor must prove each element of the alleged crime. Larceny is a crime that requires the defendant to have had the intent to commit it.
The elements that the prosecutor needs to prove to win a conviction include:
- The property was taken.
- It was in the possession of another.
- It was carried away from them.
- The taking did not have the consent of the owner.
- There was an intent to permanently deprive the owner of possession.
- The person taking the property knew that they did not have a legal right to it.
Our Winston-Salem theft attorneys can craft a strong defense and protect your rights throughout the legal process.
Defenses to a Larceny Charge
It is possible to defend yourself against larceny charges, although it is always safer to enlist the help of an experienced attorney in Winston-Salem.
Some of the ways that you can defend the charges that you are facing include:
- You only intended to borrow the property.
- Evidence was illegally seized from you.
- You did not know that you had the property in your possession.
- You thought you had a right to the property.
- Someone gave you the property.
- Police otherwise violated your rights.
Larceny charges are serious, no matter how the crime is charged. You should not attempt to handle them on your own. You could end up facing a serious punishment because it is the jury that determines the value of the property in a trial.
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A Statistical Overview of Theft Charges in Winston-Salem
According to FBI crime data, the city recorded more than 5,000 larceny–theft offenses in 2024, making larceny by far the most common property crime reported to law enforcement. Overall, Winston-Salem experienced more than 7,400 property crimes during the year, including burglary, motor vehicle theft, and larceny.
Because theft cases are common in Forsyth County, prosecutors, law enforcement officers, and judges are familiar with these offenses and typically expect cases to move quickly through the criminal justice system. Our experienced Winston-Salem theft defense attorneys understand the local courts and the legal process.
Call Our Theft Attorneys in Winston-Salem Today
A theft charge does not have to define your future, but the decisions you make after an arrest can have a lasting impact on your case. The sooner you have an experienced defense attorney protecting your rights, the sooner you can begin building a strategy to challenge the allegations.
Our theft lawyers in Winston-Salem understand what is at stake. We will fight for your interests at every stage of the case. You do not have to face the criminal justice system alone. Contact our Winston-Salem theft attorneys today to schedule a confidential consultation.
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