Asheville Theft Defense Lawyer

What Is the Difference Between a Misdemeanor and Felony Larceny or Theft in Asheville, NC?

There are two main differences between misdemeanor and felony larceny in North Carolina. First, a misdemeanor larceny is the unlawful taking of the property of another with the intent to permanently deprive the person of the property, and the property is valued at less than $1,000. A felony larceny is the unlawful taking of the property of another when the property is valued at more than $1,000.

Additionally, the value does not matter if the larceny is of a firearm or explosive, the larceny occurred after breaking and/or entering, or the larceny involved taking property directly from a person. Other states have different levels of larceny (like grand larceny), but that is not the case in North Carolina.

Potential Penalties for Misdemeanor and Felony Larceny

In general, the difference between a misdemeanor charge and a felony charge, in terms of penalties, is that misdemeanor charges carry shorter prison sentences. Felony charges, on the other hand, generally can be punished by one year or more in prison, although they do not always carry minimum sentences that exceed one year.

In North Carolina, both misdemeanors and felonies are punished according to a tier system. This system considers the charge, the convicted person’s prior criminal record, and any aggravating or mitigating factors that may cause a judge to favor a harsher or more lenient sentence, respectively. Examples of general sentencing guidelines for misdemeanor and felony larceny are as follows: 

• Misdemeanor larceny has no mandatory prison sentence but carries a maximum possible punishment of 120 days in jail and a fine of $1,000.
• A Class H felony larceny conviction can result in a prison sentence of 4 to 25 months, along with a sizeable fine.
• A Class G felony conviction can carry a prison sentence of between 8 and 31 months.

As the value of stolen property increases, the felony class becomes more serious, and the potential prison sentences get longer.

In both misdemeanor and felony cases, if you are convicted of larceny, you may be required to pay restitution to the victim as part of a judgment. A skilled Asheville theft defense lawyer may be able to negotiate with the prosecutor to reach a favorable outcome for you under the circumstances. If negotiations fail, your attorney can prepare a trial defense and represent you in the courtroom.

Consequences of Larceny Charges

Larceny charges are serious, even on the misdemeanor level. There are many consequences for a larceny-related conviction. Time in jail, fines, fees, and a permanent conviction on your criminal history can lead to collateral consequences, including loss of employment and housing, and can even potentially result in issues finding future employment. If convicted of a felony, you will no longer have the right to possess a firearm, among other consequences.

What Can Edwards Law, PLLC, Do for You?

Doug Edwards has over a decade of experience in the criminal justice system, from prosecution to defense. This means he knows how prosecutors think, how they try cases, and how to prepare to defend a client against larceny charges. An attorney who understands the law, the burden of proof, and where doubt may be cast is essential to mounting an effective defense.

It is also important to note that, in every criminal proceeding, the prosecution has the burden of proof. Prosecutors need to prove, beyond any reasonable doubt, that the defendant committed the crime in question. There are also strict procedural rules that must be followed in order to avoid miscarriage of justice or the influence of unconscious bias.

The vast majority of law enforcement officers, prosecutors, and other court-associated professionals make every effort to do their jobs with integrity and meticulous care. However, sometimes, during the course of a criminal investigation or a trial, law enforcement officers, prosecuting attorneys, or other court personnel make mistakes that render the trial unfair.

If evidence is mishandled, a witness feels coerced, or a confession is obtained through illegal means, the right to a fair trial is jeopardized. When this happens, the only just thing to do is to declare a mistrial. An experienced attorney can watch for these violations, helping to safeguard their client’s constitutional rights.

FAQs

How Much Does a Theft Defense Lawyer Cost in Asheville?

The cost to hire a theft defense lawyer in Asheville can vary widely from practice to practice. It can depend on the complexity of the case in question and the amount of time a lawyer expects to spend working for you. Most attorneys require an up-front fee called a retainer to begin working on a case. The hours they spend are then billed against this initial fee.

Where Are Larceny Trials Held for Asheville Residents?

In North Carolina, misdemeanor charges are often handled by the North Carolina District Court, while felony charges are handled through the North Carolina Superior Court. Where hearings and trials are held depends not on where the defendant lives but on where the alleged criminal activity occurred. For alleged thefts occurring in Asheville, hearings and trials are held at the Buncombe County Courthouse, located at 60 Court Plaza in Asheville.

What Is the Maximum Prison Sentence for a Class E Felony?

In North Carolina, minimum and maximum prison sentences are set for felony offenses. The minimum that applies depends on the accused person’s prior criminal record and any aggravating or mitigating factors at play in the case. For a Class E felony, the absolute minimum sentence, assuming no prior criminal record and the presence of mitigating factors, is 15 months.

Is it Possible to Avoid a Criminal Record After a First-Offense Larceny Charge?

Yes, in North Carolina, it is possible to avoid a criminal record after a first-offense larceny charge if the larceny was a misdemeanor or a Class H or I felony. North Carolina has a conditional discharge law that can apply to first-time offenders who have no prior criminal history and who a judge determines are unlikely to reoffend. Under this law, if the offender satisfies the conditions of the discharge, the charges go away without ever being added to their record.

Hire a Theft Defense Lawyer

If you’ve been charged with any type of theft, it’s important to get a quality theft defense lawyer who can advocate in court on your behalf. The penalties for theft cases can be severe and permanently impactful. Hiring a skilled lawyer can allow you to focus on moving forward while we focus on achieving a favorable outcome in your case.

When you contact us for a consultation, we can review the details of your case and help you understand your legal position. Then, we can work together to develop a plan for your defense. Contact our Asheville law firm today at (828) 554-7221 to set up your initial consultation.