Accused of Stealing? We Can Help

Larceny of goods with a value of $1,000 or more is a class H felony.  Larceny of goods with a value of less than $1,000 is a class 1 misdemeanor.  NCGS §14-72.

If you were charged with Larceny, you have a few options. These options depend on the circumstances of your case, and whether you are a first time offender. If you are a first time offender, you might consider the first offenders program that allows you to complete 75 hours of community service for misdemeanors, and 225 hours of community service for felonies in exchange for a dismissal of your case. The first offenders program is not right for everyone, however.

If you want to fight your case, our first step will be to analyze the officer’s report. The most common problem with a larceny charge is that the State must prove that you had the “intent to permanently deprive” another of those goods. This can be an issue if you mistakenly did not pay for every item at checkout, or if you forgot that you tried on jewelry at the store, then walked out etc.

The State of North Carolina has the burden to prove each and every element of Larceny “beyond a reasonable doubt.” If they do not prove each element, you should be found not guilty.

The elements for Misdemeanor Larceny in North Carolina are:

1.      Take personal property of another

2.      Carry it away

3.      Without the consent

4.      With intent to permanently deprive

5.      Knowing that it was not theirs to take

The elements for Felony Larceny in North Carolina are:

  1. Take personal property of another
  2. Carry it away
  3. Without the consent
  4. With the intent to permanently deprive
  5. Knowing that it was not theirs to take, and
    1. Property was worth over $1,000, or
    2. Larceny was from the person, or
    3. Larceny committed during a burglary, breaking out of a dwelling, breaking or entering a building, breaking or entering a building that is a place of religious worship, or burglary with explosives, or
    4. Larceny was of an explosive or incendiary device, or
    5. Larceny was of a firearm, or
    6. Larceny was of a record of paper in the custody of the North Carolina State Archives

If you were charged with Larceny or Possession of Stolen Goods, The Law Offices of Wiley Nickel, PLLC can help.  Call attorney Kristi Haddock or attorney Wiley Nickel at 919-585-1486, or stop by our office in Cary, North Carolina for a free consultation. 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.