Waxhaw Larceny Lawyer

Waxhaw Larceny Attorney

Waxhaw Larceny Lawyer

When facing larceny charges, you would do well to take action early and pursue all efforts to avoid sustaining a conviction on your criminal record. Whether it’s your first offense or not, it’s wise to get in touch with a qualified theft crimes attorney. A skilled and seasoned Waxhaw larceny lawyer can advise you on what to do and speak on your behalf in all communication with law enforcement or the court.

At the Law Offices of Huffman & Kendrick, a dedicated North Carolina criminal law practice, our experienced defense lawyers have successfully assisted countless individuals who were charged with larceny and other theft crimes. We also provide competent representation to those facing DWIs, drug violations, assault, and battery, among many other offenses.

Types of Larceny and Related Charges We Handle

Larceny, or theft, is described as unlawfully taking another person’s property. Property includes merchandise, personal property, money, and other items. A person can be charged with this crime whether or not it was committed while using force or threat of violence, especially when the property was taken with the intent to keep it permanently. Our criminal defense law firm is well-equipped to handle these various classifications of larceny offenses:

There’s a related charge of conspiracy if two or more people work to steal from a retail establishment or sell or transfer property taken from a retail store.

If the building is not occupied during the criminal activity, it is burglary in the second degree, a Class G felony. The larceny aspect of the crime is deemed a felony regardless of the value of the property stolen.

Penalties and Consequences of a Theft Conviction

A theft or larceny crime can vary in severity depending on the circumstances in which the property was obtained and how much the stolen goods amount to. This means that if the goods, merchandise, personal property, or money in question is below or above a certain amount, the charges against the defendant can change in severity. The classification of a misdemeanor or felony offense also impacts the potential penalties the defendant could face if convicted.

In addition to the classification of the crime itself, the punishment for a larceny or theft offense can vary depending on the defendant’s intent, prior criminal history, and any mitigating factors. If the accused individual has a recent history of similar theft crimes, they’re likely to face more severe charges and harsher penalties than a first-time offender.

Other Factors to Consider

Other mitigating factors include whether the person intended to steal the property, tried to return the property, and the age and mental capacity of the defendant at the time of the crime. Depending on the circumstances of the crime itself and any mitigating factors, the penalties the defendant faces upon conviction can vary. Punishment typically includes jail or prison time, house arrest or probation, mandatory community service, heavy fines, and other penalties.

There are also long-term consequences a person will likely deal with following a criminal conviction. For example, someone may face difficulty finding employment due to a conviction on their criminal record, as well as having trouble getting a mortgage or other loans and finding reasonable housing options.

Potential Defense Arguments for Larceny in North Carolina

There are numerous defense strategies your lawyer may use to employ in your case against the prosecution. To convict someone of larceny, the prosecution has to prove beyond a reasonable doubt that the defendant:

A common defense criminal attorneys utilize is to question the credibility of the prosecution’s argument or evidence, relying on the prosecutor’s burden of proving their case beyond a reasonable doubt. Another simple defense approach is to prove that one of the elements of larceny is not present in the case, such as asserting that you didn’t take the property in question or that you did not carry it away.

Similarly, another defensive strategy is establishing how the defendant did not intend to permanently deprive the owner of the property. The prosecution’s case also falls apart if there’s evidence that the defendant had permission to take the property or had reason to believe the property owner gave their consent. Similar defenses are that the defendant believed the property actually belonged to them or that the property didn’t belong to the other party.

Further Defenses

Abandonment is another defense in larceny cases, where the defense argues that the property owner intended to permanently end their ownership of the property in question. The basis of this defense is that abandoned property cannot be stolen and thus not subject to larceny.

A valuation defense argues that the prosecution misjudged the property’s value, which can result in reduced charges. Other general defense arguments include entrapment, duress, mistaken identity, lack of probable cause, and more.

What Should I Do If I Get Arrested in North Carolina?

If you were arrested for a crime in North Carolina, the first thing to keep in mind is to remain calm. Whether you’re guilty of what you’ve been accused of or not, you don’t want to risk incurring additional charges or making your situation worse due to reacting poorly. It’s always advised that you do not resist arrest, be respectful to law enforcement officers, and fully cooperate with their legal procedures.

However, being cooperative does not mean you should offer up more information than is required. It’s a good idea to only provide basic info that’s necessary for your booking paperwork, such as your name, phone number, home address, etc. It’s not recommended that you give a statement to the police or answer their questions regarding the charges. You should request to contact your lawyer right away. If an officer continues to question you, keep asking for a lawyer.

The Importance of Legal Representation

It’s also wise to remain aware of your surroundings and the events leading up to your arrest, as this information may prove useful to your case. Take mental notes of what you may have seen or heard during your arrest, what the police officers said to you, and the general timeline of how the situation occurred. It may be helpful to write down anything you deem important, such as the arresting officers’ names and badge numbers.

It is advised that you seek legal counsel, no matter your financial standing or whether you’re innocent of the crime. An experienced defense attorney is familiar with the criminal law system, including how law enforcement and the courts work. Having an educated, qualified legal professional by your side gives you the strongest chance of avoiding a conviction or reducing the charges against you.

FAQs

Q: What Is the Difference Between Larceny and Theft?

A: The terms larceny and theft are often used interchangeably, but the main difference between the two is that theft refers to a broad category of various unlawful acts, while larceny specifically refers to taking another person’s property with the intent to permanently keep it. Larceny also encompasses a range of crimes, such as shoplifting or stealing motor vehicle parts. Theft can allude to identity theft, some types of fraud, embezzlement, etc.

Q: Is Deception a Form of Theft in North Carolina?

A: Yes, North Carolina recognizes theft by depiction as “obtaining property by false pretenses”. This felony offense entails the defendant knowingly and intentionally utilizing lies, deception, misinterpretations, or falsified documents to obtain property from another party.

The severity of the felony charges depends on the value of the ill-begotten property. A person may be charged with theft by deception in addition to other criminal offenses such as conspiracy or fraud depending on the circumstances of the crime.

Q: Can You Fight a Larceny Charge in North Carolina?

A: Yes, there are several ways to effectively fight a larceny charge in North Carolina. Your lawyer may cast doubt on the prosecution’s argument by questioning the credibility of their evidence or by establishing that one of the elements needed for a larceny conviction is missing. Other defenses include that the owner abandoned the property, the defendant believed the property to be theirs, or that the property was valued less than the prosecution is arguing.

Q: Is Embezzlement Considered a Theft Crime in North Carolina?

A: Embezzlement in North Carolina is considered a white-collar crime or financial crime since it involves the fraudulent conduct of an employee stealing from their job. However, embezzlement is technically a form of employee theft and thus often falls under the broader umbrella of larceny offenses. Embezzlement is always deemed a felony, and the severity of the crime varies depending on the value of the unlawfully obtained property or money.

Strong and Committed Larceny Defense Law Firm

The team of experienced Waxhaw criminal defense professionals at the Law Offices of Huffman & Kendrick are prepared to guide you through the court process and represent you effectively. We are dedicated to providing each of our clients with the attention and care their case deserves. Take action early and seek skilled legal counsel. Reach out to us today to schedule an initial meeting with a qualified theft defense attorney.