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Criminal Defense
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Raleigh Theft Lawyer
Serving Wake County & Beyond
250+ Reviews and counting
Theft convictions in North Carolina range from misdemeanors to felonies, depending on the value stolen, and all carry jail time, restitution, and a permanent criminal record. Work with a Raleigh defense attorney who can challenge the evidence, negotiate plea reductions, and fight to keep your record clean. Call now to schedule your consultation.
One moment of alleged misconduct can change your entire future. A theft charge—whether it’s shoplifting, larceny, or embezzlement—doesn’t just threaten your freedom. It can permanently damage your reputation, destroy employment opportunities, and follow you long after any sentence is completed.
At DeMent Askew Johnson & Marshall, our Raleigh theft defense attorneys understand that good people sometimes make mistakes—or worse, get wrongfully accused.
In North Carolina, theft crimes fall under several different statutes, each carrying its own penalties and long-term consequences:
Larceny is the unlawful taking and carrying away of someone else’s property without their consent, with the intent to permanently deprive them of it. In North Carolina:
Even if the value doesn’t exceed $1,000, larceny becomes a felony when stolen from a person, from a construction site, or after disabling security devices, as outlined in the North Carolina General Statutes.
Shoplifting includes:
The North Carolina Retail Merchants Association reports that retail theft costs businesses in our state millions of dollars annually, which explains why prosecutors often pursue these cases aggressively.
You can be charged with this offense if you receive or possess stolen property while knowing (or having reasonable grounds to believe) it was stolen. The classification follows the same rules as larceny—misdemeanor or felony, depending on value and circumstances.
This occurs when someone knowingly makes a false representation of fact to obtain someone else’s property. It’s at minimum a Class H felony, regardless of the property’s value. This charge often arises when stolen goods are traded at pawn shops or returned to stores for “refunds.”
Theft by an employee over the age of 16 is automatically a Class H felony, regardless of the value of goods stolen. If the value exceeds $100,000, it becomes a serious Class C felony with harsher penalties.
Embezzlement involves fraudulently converting property that was entrusted to you. For example, an employee taking company funds. It’s typically charged as a Class H felony, but can be elevated to a Class C felony for high-value cases involving $100,000 or more.
The consequences of a theft conviction depend on the specific charge and your prior criminal history:
Class 1 Misdemeanor (typical for misdemeanor larceny, shoplifting):
Class H Felony (standard felony larceny, receiving stolen goods):
Class F Felony (embezzlement of $100,000+):
According to the North Carolina Court System’s Sentencing Guidelines, your prior criminal record level (I through VI) significantly impacts potential sentencing. Each prior conviction adds points to your record level, with more serious offenses adding more points.
But the legal penalties are just the beginning. The collateral consequences often cause the most lasting damage:
One mistake or false accusation could dismantle everything you’ve worked for throughout your life.
Based on our extensive experience defending theft charges in Wake County and throughout North Carolina, we know there are often effective defenses available:
Theft crimes require intent. If you had no intention to steal—perhaps you absentmindedly walked out of a store without paying, or believed the property was yours—this can be a complete defense. The North Carolina Pattern Jury Instructions require prosecutors to prove specific intent beyond a reasonable doubt.
If you had a good-faith belief that you had a legal right to the property, this can negate the criminal intent required for conviction.
Security cameras are often grainy, witness identifications are notoriously unreliable, and innocent people get accused of crimes they didn’t commit.
If law enforcement violated your Fourth Amendment rights in obtaining evidence against you, that evidence may be suppressed.
The difference between misdemeanor and felony larceny often comes down to the property’s value. Challenging the prosecution’s valuation can reduce felony charges to misdemeanors.
The prosecution must prove every element of the offense beyond a reasonable doubt. Often, the evidence simply isn’t strong enough to meet this high standard.
Every case is unique. Your defense strategy should be, too. At DeMent Askew Johnson & Marshall, we meticulously analyze the evidence and circumstances of your case to identify the strongest possible defense strategy. Don’t assume there’s no way out—the right defense could mean the difference between a conviction anda case dismissal.
Theft cases involve unique legal and strategic challenges:
Our criminal defense attorneys have successfully defended theft cases. We understand these unique challenges and how to effectively address them.
If you’ve been charged with larceny, shoplifting, embezzlement, or any theft crime in Raleigh or anywhere in North Carolina, time is critical. Here’s what you need to do immediately:
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 theft charges. Your freedom. Your reputation. Your career. Your future.
Our team of experienced criminal defense attorneys is ready to stand between you and the serious consequences of a theft conviction.
The consultation is completely confidential.
Call us now at (919) 752-5023 or complete our online contact form to schedule your consultation. There’s a right way and a wrong way to handle 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)
Returning merchandise does not automatically result in dismissed charges. However, it may be a mitigating factor that our attorneys can use in negotiations with prosecutors. In some cases, especially for first-time offenders, we may be able to arrange pretrial diversion programs that lead to dismissal upon completion.
Larceny is taking someone’s property without their consent, while robbery involves taking property directly from someone by using violence or threats. Robbery is a much more serious offense, charged as a Class G felony (common law robbery) or Class D felony (armed robbery) with significantly harsher penalties.
No. Theft crimes require intent to take property you know belongs to someone else. A genuine belief that you had a right to the property, even if that belief was mistaken, can be a complete defense to theft charges. This is known as the “claim of right” defense.
First-time shoplifting offenders with no criminal history often avoid jail time through diversion programs, probation, or conditional discharge arrangements. However, this depends on the specific circumstances of your case, the value of the merchandise allegedly taken, and the policies of the prosecutor handling your case.
A theft conviction remains on your criminal record permanently unless you qualify for and complete an expungement process. For certain first-time offenders, North Carolina law provides expungement possibilities, but not everyone qualifies. Our attorneys can advise whether expungement might be an option in your specific situation.
Unfortunately, yes. North Carolina is an “at-will” employment state, meaning employers can generally terminate employment for any non-discriminatory reason, including criminal charges, even before conviction. This is one reason why early and aggressive defense representation is crucial for protecting not just your legal rights, but your livelihood.
Shoplifting specifically refers to theft from retail establishments and includes concealing merchandise while still inside the store. Even if you were planning to pay, getting caught with hidden, unpaid items can result in a conviction. Larceny is a broader term that covers taking property from any owner with the intent to permanently deprive them of it.
In addition to criminal penalties, a judge may order you to make monetary restitution to the victim. You may also face civil penalties through a separate lawsuit. Some retail establishments pursue civil recovery from shoplifters to recoup losses and security costs, which can be pursued regardless of the outcome of your criminal case.
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