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Arrested for Auto Theft in Raleigh?

Motor vehicle theft is a felony that can result in years in prison, hefty fines, and a criminal record that prevents employment in most industries. Meet with a Raleigh criminal defense lawyer who can challenge ownership disputes, mistaken identity, and weak evidence. Get help now & schedule your consultation today.

If you’ve been charged with auto theft in North Carolina, you’re facing serious felony charges that could result in years in prison, permanent loss of rights, and a future forever altered by a felony record. Even a misdemeanor conviction for joyriding can have lasting consequences on your employment, housing options, and reputation in the community.

At DeMent Askew Johnson & Marshall, our Raleigh auto theft defense attorneys understand the severity of these charges and the devastating impact a conviction can have on your life. With decades of combined criminal defense experience, we provide aggressive, strategic defense when your freedom and future are on the line.

Don’t wait another day. Your defense strategy needs to begin immediately.

North Carolina Auto Theft Laws

North Carolina has several statutes covering various forms of vehicle theft, each carrying different penalties and requiring different elements of proof:

Larceny of Motor Vehicles (N.C.G.S. § 14-72)

This is the primary auto theft statute in North Carolina. Under this law, taking someone’s vehicle without permission with the intent to permanently deprive the owner of the vehicle is a Class H felony, regardless of the vehicle’s value.

Elements prosecutors must prove:

  • You took someone else’s vehicle
  • You did so without the owner’s consent
  • You intended to permanently deprive the owner of the vehicle

Penalty: Class H felony, punishable by 5-39 months in prison

Receiving or Transferring Stolen Vehicles (N.C.G.S. § 14-71.2)

You can be charged with this offense if you:

  • Receive or transfer possession of a vehicle you know or have reason to believe was stolen
  • Possess a vehicle you know or have reason to believe was stolen

Penalty: Class H felony, punishable by 5-39 months in prison

Unauthorized Use of a Motor Vehicle (N.C.G.S. § 14-72.2)

Often called “joyriding,” this charge applies when someone takes a vehicle without permission but without the intent to keep it permanently. This is essentially borrowing a vehicle without permission.

Elements prosecutors must prove:

  • You took or operated someone else’s vehicle
  • You did so without the express or implied consent of the owner
  • You had no intent to permanently deprive the owner of the vehicle

Penalty: Class 1 misdemeanor, punishable by up to 120 days in jail

Chop Shop Activity (N.C.G.S. § 14-72.7)

North Carolina law specifically criminalizes the operation of “chop shops” – locations where stolen vehicles are disassembled, their identifying numbers altered, or parts sold.

Activities prohibited include:

  • Altering, destroying, disassembling, or storing motor vehicles known to be stolen
  • Permitting a place to be used for such activities
  • Transferring or receiving vehicle parts with altered VINs

Penalty: Class G felony, punishable by 8-47 months in prison

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Collateral Consequences of Auto Theft Convictions

Beyond prison time and fines, an auto theft conviction carries severe collateral consequences:

  • Permanent criminal record visible on background checks
  • Difficulty finding employment, especially in positions involving driving, financial responsibility, or security clearance
  • Housing rejections as many landlords screen for criminal records
  • Loss of professional licenses in many fields
  • Higher insurance rates or denial of coverage
  • Immigration consequences for non-citizens, including possible deportation
  • Loss of voting rights while incarcerated (and potentially beyond)
  • Restricted international travel as many countries deny entry to those with felony records

One mistake or misunderstanding could derail your entire future if not properly defended.

Powerful Defense Strategies for Auto Theft Charges

Every case is unique, but our experienced auto theft defense attorneys employ various strategic defenses depending on your specific situation:

Permission or Consent Defense

If you had permission to use the vehicle—even if that permission was implied or misunderstood—you may have a complete defense to the charges. Our attorneys thoroughly investigate the relationship between you and the vehicle owner to establish possible consent.

Lack of Intent to Permanently Deprive

For a larceny of motor vehicle conviction, prosecutors must prove you intended to permanently keep the vehicle from its rightful owner. If your intent was to temporarily use the vehicle and return it (even if that was wrong), you might only be guilty of unauthorized use (a misdemeanor) rather than felony theft.

Mistaken Identity

With modern technology like security cameras, GPS tracking, and electronic evidence, it’s surprisingly common for the wrong person to be accused of auto theft. We investigate all evidence to ensure you’re not being wrongfully accused.

No Knowledge the Vehicle Was Stolen

If you’re charged with receiving a stolen vehicle, prosecutors must prove you knew or should have known the vehicle was stolen. Legitimate purchases of vehicles that turn out to be stolen should not result in criminal charges.

Constitutional Violations

Law enforcement must respect your constitutional rights throughout the investigation. We scrutinize:

  • Search warrant validity
  • Miranda rights violations
  • Unlawful traffic stops
  • Illegal searches of vehicles
  • Coerced statements or confessions

Why Choose DeMent Askew Johnson & Marshall

When you choose our firm to defend against auto theft charges, you benefit from:

  • 75+ years of combined criminal defense experience
  • Former prosecutors who understand how the state builds its cases
  • Deep knowledge of Wake County courts and how to navigate them effectively
  • Relationships with forensic experts who can challenge the state’s evidence
  • Comprehensive approach that addresses both immediate defense needs and long-term consequences
  • 24/7 accessibility during this critical time in your life

Our criminal defense team is led by respected attorneys with extensive experience handling serious felony cases, including:

  • Russell W. DeMent III — Selected to Best Lawyers in America in the Criminal Defense Practice Section since 2019
  • J. Alex Marshall — Experienced criminal defense attorney with a strong track record defending serious felony cases
Wake County Courthouse
Handles civil and criminal matters in Wake County
  • Address: 300 S Salisbury St, Raleigh, NC 27601
  • Hours: M-F 8:30 A.M.-5 P.M.
  • Phone:(919) 792-4000

What to Do If You’re Facing Auto Theft Charges

If you’ve been charged with auto theft in Raleigh or anywhere in North Carolina, take these immediate steps:

  1. Exercise your right to remain silent. Anything you say to police, the alleged victim, or others can be used against you.
  2. Do not consent to searches without a warrant.
  3. Preserve all evidence that may help your case, including texts, emails, or communications about the vehicle.
  4. Contact our office immediately for a confidential case evaluation.

The sooner we can begin building your defense, the more options we’ll have to fight the charges. Early intervention can sometimes lead to charges being reduced or dismissed before they permanently impact your record.

Contact Our Raleigh Auto Theft Defense Lawyers Today

At DeMent Askew Johnson & Marshall, we understand what’s at stake when you’re facing auto theft charges. Your freedom. Your reputation. Your future.

Our team of experienced criminal defense attorneys is ready to stand between you and the serious consequences of an auto theft conviction.

The consultation is completely confidential.

Call us now or complete our online contact form to schedule your consultation. There’s a right way and a wrong way to handle auto theft charges—let us help you protect everything that matters.

Serving clients in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.

Areas served

Wake County

  • Raleigh
  • Cary
  • Apex
  • Morrisville
  • Garner
  • Holly Springs
  • Fuquay-Varina
  • Wake Forest
  • Rolesville
  • Knightdale
  • Wendell
  • Zebulon

Carteret County

  • Beaufort
  • Morehead City
  • Atlantic Beach
  • Emerald Isle
  • Newport

Durham County

  • Durham

Orange County

  • Chapel Hill
  • Carrboro
  • Hillsborough

Chatham County

  • Pittsboro
  • Siler City

Johnston County (Smithfield courthouse only)

  • Smithfield

FAQs

What's the difference between grand theft auto and joyriding?

In North Carolina, “grand theft auto” (larceny of a motor vehicle) is a felony that involves taking someone’s vehicle with the intent to permanently deprive them of it. “Joyriding” (unauthorized use of a motor vehicle) is a misdemeanor that involves taking a vehicle temporarily without permission, but with the intent to return it. The key difference is intent—whether you planned to keep or return the vehicle.

Can I be charged with auto theft if I borrowed a friend's car without asking?

Yes. Even if you intended to return the car, taking someone’s vehicle without permission can result in charges for unauthorized use of a motor vehicle (a misdemeanor). If there’s any evidence you intended to keep the vehicle, you could face felony auto theft charges.

What if I didn't know the car was stolen when I bought it?

For a conviction of receiving a stolen vehicle, prosecutors must prove you knew or had reasonable grounds to believe the vehicle was stolen. If you purchased a vehicle that you genuinely didn’t know was stolen, you may have a valid defense. However, factors like an unusually low price, missing title, or altered VIN could suggest you “should have known” the vehicle was stolen.

Can I get an auto theft charge expunged from my record?

Under North Carolina’s expungement laws, certain convictions may be eligible for expungement after waiting periods ranging from 5-10 years, depending on the offense and your criminal history. However, prevention is always better than cure—fighting the charges with a skilled attorney provides the best chance to avoid a conviction in the first place.

Will my insurance cover damage to a car I'm accused of stealing?

Generally, no. Auto insurance policies almost always exclude coverage for damage that occurs during the commission of a crime. Additionally, if you’re convicted of auto theft, you may be ordered to pay restitution to the vehicle owner for any damage to the vehicle.

Cases We Handle

Areas Served

IN RALEIGH:
333 Fayetteville Street,
Suite 1513
Raleigh, NC 27601 Get Direction
(919) 833-5555
IN MOREHEAD CITY:
810 Arendell Street
Morehead City,
NC 28557 Get Direction
(252) 251-5555
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