SHOPLIFTING DEFENSE ATTORNEY

In difficult economic times, there are tough choices to be made. We understand that sometimes people make poor choices during challenging times. We also understand that sometimes making the right choice for you and your family may have included breaking the law. That is why we work to understand your situation when you come to the Marcilliat & Mills PLLC, after a shoplifting or larceny charge.

When you make a wrong choice to steal so you can get by, we want to help. Our staff is compassionate and caring. From the first call you make to our criminal defense law firm, you don’t have to worry about judgment. We have handled hundreds of shoplifting and larceny cases, and we are prepared to put our experience to work for your shoplifting or theft defense. Contact Marcilliat & Mills PLLC, to speak to an experienced North Carolina shoplifting lawyer.

A Larceny and Shoplifting Lawyer That Will Be on Your Side

The embarrassment of a shoplifting charge is bad enough. On top of that embarrassment, a shoplifting charge can harm your future. Even a misdemeanor charge of shoplifting or theft may be accessible to schools, employers, banks and licensing boards. Because petty theft is considered a morally wrong crime, your charge could lead to repercussions long into your future.

We will aggressively advocate for you in negotiations with the prosecutor or in court, because we understand the consequences that you are facing. We don’t want one mistake to ruin your future. We are experienced criminal defense lawyers and, with one call, we can be on your side.

North Carolina Shoplifting and Theft Defense Lawyer

With years of experience, we have seen cases of shoplifting and theft that are committed because of psychological disorders, alcohol impairment or drug addiction. Not all shoplifting and theft charges result from financial need. If a disorder leads you to commit a theft crime, call our criminal defense lawyers as soon as possible. We want to investigate the incident and quickly collect evidence, including surveillance, after you are accused of shoplifting or larceny.

There are options besides jail or prison time that are effective in shoplifting cases. We may defend against your shoplifting charge by suggesting alternative treatment for psychological disorders such as obsessive-compulsive disorder, kleptomania or substance abuse. We are looking for the best possible outcome for you based on the circumstances of your case.

Understanding the Exact Charges You Face

A shoplifting or theft charge in North Carolina is formally prosecuted under the state’s larceny statutes. The severity of the penalty depends almost entirely on the value of the merchandise and your prior criminal record. Understanding these distinctions is the first step in building your defense.

Many individuals believe a minor theft is “just a slap on the wrist,” but North Carolina law classifies theft, including shoplifting (known as “concealment of merchandise”), as a crime of moral turpitude. This designation can carry consequences far beyond the courtroom, impacting professional licenses, educational opportunities, and employment background checks.

North Carolina Larceny Penalties

According to the North Carolina General Statutes § 14-72 (Larceny of property; receiving stolen goods or possessing stolen goods), penalties are tiered based on the value of the goods shoplifted:

• Class 1 Misdemeanor: If the value of the property is $1,000 or less, a conviction is typically a Class 1 Misdemeanor. While this is a misdemeanor, a conviction can still carry active jail time (up to 120 days, depending on prior record), supervised probation, and significant fines.
• Class H Felony: The charge becomes a Class H Felony if the value of the goods is more than $1,000. A felony conviction has lifelong consequences, including the loss of firearm rights and severe impacts on your ability to find housing or employment.
• Habitual Larceny: North Carolina also has a “habitual larceny” statute. If you have multiple prior convictions for larceny (shoplifting), any new theft charge can be elevated to a Class H Felony, regardless of how small the value of the item is.

How We Defend You

Do not assume that an accusation or surveillance footage guarantees a conviction. Our first priority is to scrutinize the evidence and the procedures used by store security and police. A strong defense may involve:

• Challenging the Evidence: Was the surveillance video clear? Can they prove you were the person in the video?
• Lack of Intent: The prosecution must prove you intended to steal. We can often demonstrate that it was an accident, a misunderstanding, or a simple mistake (e.g., placing an item in a bag and forgetting).
• Improper Stop or Search: Store security (“loss prevention”) must follow specific rules when detaining a suspect. If they violated your rights, we can move to have the evidence suppressed.
• Negotiating Alternatives: For first-time offenders, we are often highly successful in negotiating for a “deferred prosecution” program or a “conditional discharge.” This typically involves community service or a theft-prevention class, and upon completion, the charge can be dismissed entirely and can be expunged from your record.

The time to act is immediately. We need to preserve evidence and speak with prosecutors before your case gains momentum. Contact us for a free, confidential consultation to discuss the specific facts of your case.

Contact Marcilliat & Mills PLLC Today

When your future is on the line, you need experience, and you want results. Marcilliat & Mills PLLC, offers both. For a shoplifting or larceny defense lawyer, with demonstrated success defending against misdemeanor charges across North Carolina, you want Marcilliat & Mills PLLC by your side. Contact our law firm today or call 919-838-6643 to schedule a free initial consultation to discuss your North Carolina criminal charges.