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Criminal Defense
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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 has several statutes covering various forms of vehicle theft, each carrying different penalties and requiring different elements of proof:
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:
Penalty: Class H felony, punishable by 5-39 months in prison
You can be charged with this offense if you:
Penalty: Class H felony, punishable by 5-39 months in prison
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:
Penalty: Class 1 misdemeanor, punishable by up to 120 days in jail
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:
Penalty: Class G felony, punishable by 8-47 months in prison
Beyond prison time and fines, an auto theft conviction carries severe collateral consequences:
One mistake or misunderstanding could derail your entire future if not properly defended.
Every case is unique, but our experienced auto theft defense attorneys employ various strategic defenses depending on your specific situation:
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.
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.
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.
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.
Law enforcement must respect your constitutional rights throughout the investigation. We scrutinize:
When you choose our firm to defend against auto theft charges, you benefit from:
Our criminal defense team is led by respected attorneys with extensive experience handling serious felony cases, including:
If you’ve been charged with auto theft in Raleigh or anywhere in North Carolina, take these immediate steps:
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.
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.
Wake County
Carteret County
Durham County
Orange County
Chatham County
Johnston County (Smithfield courthouse only)
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.
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.
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.
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.
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.