Can a person be charged with shoplifting in North Carolina?
The second major mistake that people charged with shoplifting often make is assuming they will be found guilty and neglecting to hire a criminal attorney. This decision is unwise because there are a number of very effective defenses against shoplifting charges in North Carolina.
What happens if you plead guilty to shoplifting?
Plea bargain. In some cases, your lawyer may be able to negotiate a plea bargain with the prosecutor, which may result in having your charges or sentence reduced in exchange for a guilty plea. In some cases, your attorney may be able to negotiate with the store owner directly, and prevent the store from prosecuting you for shoplifting entirely.
When is shoplifting considered a larceny of goods?
In North Carolina, shoplifting is considered to be a “larceny of goods,” which occurs when someone intentionally conceals or carries away property with the intent of permanently depriving a store of the item without paying for it. Typically, a prosecutor will have to demonstrate that you had intent before you are found guilty of shoplifting.
What makes a pending criminal case a detainer?
A detainer may stem from a state charge or even a state investigation in which no charges have even been filed. (This is different from an immigration detainer.) A state agency normally notifies the Bureau of Prisons or a national computer database that a matter is pending, regardless of the progress of the matter to that point.
How is shoplifting a misdemeanor in North Carolina?
Shoplifting is normally a Class 3 misdemeanor. It requires proof that a defendant has (1) willfully concealed (2) merchandise of a store (3) without authority, (4) without having purchased the merchandise, and (5) while still on the premises of the store. G.S. 14-72.1.
How to get charges dropped in North Carolina?
Call a North Carolina defense lawyer immediately. We offer a free consultation to discuss your charges, your options, and what we can do to get your charges dropped. Attorney Mike Schlosser represents victims of personal injury, those charged with a crime, as well as those facing traffic charges.
When do you get charged with shoplifting or larceny?
Shoplifting may be charged when a person is apprehended within a store after concealing merchandise, while larceny is typically charged when the person is apprehended after leaving the store.
How is larceny a misdemeanor in North Carolina?
Larceny is normally a Class 1 misdemeanor. It requires proof that a defendant has (1) taken (2) personal property that is (3) in the possession of another, and (4) has carried it away (5) without consent and (6) with the intent to deprive the possessor of it permanently, while (7) knowing that he or she was not entitled to it.