Can Shoplifting Be Charged as a Felony in North Carolina?

Shoplifting, a crime that is prevalent in North Carolina and the United States, can have serious consequences. In these challenging economic times, some may be tempted to shoplift, while others, especially teenagers, may make a mistake and take something they desire from a store without paying for it. Despite the perception of shoplifting as a minor offense, it can result in an embarrassing arrest and a fine, even if it is a low-level misdemeanor.

Individuals can face felony charges when the value of the allegedly shoplifted goods is high. If you are facing felony-level shoplifting charges in North Carolina, you must take the charges against you seriously. You could be facing jail time and have to live as a felon if you are convicted, which can negatively affect your housing, education, and career opportunities.

In North Carolina, shoplifting is considered a felony when the item or items allegedly taken exceed $1,000. Prosecutors will also need to prove that you allegedly put the items in a bag or another container lined with aluminum or lead to stop tag scanning technology by the store. These factors can increase the charges against you to a Class H felony.

In North Carolina, a Class H felony leads to a four to eight-month prison sentence. Otherwise, a first offense of shoplifting is considered a class 3 misdemeanor. However, three or more shoplifting convictions within five years will increase the seriousness of the charge to a Class 1 misdemeanor with a maximum sentence of 120 days in jail.

Understanding that shoplifting charges can be more serious than they initially appear is crucial. While you may anticipate a minor consequence for a common charge like shoplifting, a high-level misdemeanor or felony charge can lead to significant prison time. Before making any decisions about the charge, it is important to understand your legal options and what to expect. This knowledge can empower you to make informed decisions about your case.

It is important not to accept a plea bargain without consulting an experienced criminal defense attorney. Many plea bargain deals are not fair to defendants, and prosecutors often try to pressure people into accepting them by exaggerating the evidence they have. However, when you work with an experienced criminal defense attorney, your attorney will thoroughly investigate your case and the evidence the prosecution may have against you. This process can provide hope that you will receive a fair trial and a just outcome.

Intent is an important element of shoplifting. If you did not intend to steal an item, but it fell in your cart, or you forgot it was in there, your attorney may be able to get the charges against you dismissed. In other cases, your child may have placed an item they wanted in your cart, but you did not realize it was in the cart, so you walked out with it. Many types of mistakes can happen, causing people to innocently walk out with items from a store without realizing it. Other potential defenses include lack of evidence, entrapment, or mistaken identity.

Speaking to an attorney as soon as possible can help if you are one of those individuals. Your attorney can begin aggressively negotiating with the prosecutor, showing them that they do not have enough evidence that you intend to commit shoplifting. In other cases, your constitutional rights may have been violated, and the evidence gathered against you should be thrown out. Perhaps you were not read your Miranda warnings when you were arrested for shoplifting, or the police did not have probable cause to arrest you. In those cases, you may be able to defend yourself on constitutional grounds.

Whether you have been charged with felony shoplifting or another serious crime, hiring an attorney is crucial. The criminal defense attorneys at Arnold & Smith, PLLC, can help you understand what is at stake and carefully evaluate the prosecutor's case against you. The sooner you reach out to us, the sooner we can begin investigating your case, gathering evidence, and pursuing the best legal defense possible. We offer our clients affordable, effective legal representation and have a proven track record of successfully getting charges dismissed or reduced for our clients. Contact Arnold & Smith, PLLC, to schedule a complimentary, no-obligation case evaluation.