A shoplifting arrest in North Carolina may lead to more than just embarrassment. If you’ve been charged as a repeat offender, the consequences can have a lasting impact on your life and the lives of the people close to you. Greene Wilson & Styron, P.A. defends individuals facing these types of charges throughout Eastern North Carolina. Our North Carolina shoplifting defense attorneys are here to help you understand what the law says and how your record can affect the outcome of criminal shoplifting charges.
What Counts as Shoplifting in North Carolina?
Under North Carolina law (N.C. Gen. Stat. § 14-72.1), shoplifting involves intentionally taking merchandise from a store without paying for it. This doesn’t always mean walking out with an item. You can also face charges for:
- Concealing merchandise while still inside a store
- Altering or removing price tags
- Switching price tags or packaging between items
Shoplifting is different from larceny. Larceny involves the unlawful taking of property with the intent to permanently keep it. Shoplifting often occurs inside stores and may be considered a subset of larceny, depending on the way it’s charged.
First-Time vs. Repeat Offenses
The first time someone is caught shoplifting in North Carolina, the offense is usually handled as a Class 3 misdemeanor. That can mean community service, fines, or jail time, depending on circumstances like the value of the goods and cooperation with law enforcement.
But repeat offenses raise the stakes. If you’ve previously been convicted of a theft-related crime, a new charge can bring heavier penalties. After four convictions, prosecutors may apply the state’s Habitual Larceny Law, automatically bumping your charge up to a Class H felony.
This escalation isn’t automatic. A criminal defense attorney may be able to intervene and keep the charge from being enhanced. But if prior convictions do exist, even misdemeanors, the law allows courts to treat new shoplifting charges much more harshly.
Understanding North Carolina’s Habitual Larceny Statute
Under N.C. Gen. Stat. §14-72(a) and §14-7.26 to §14-7.28, someone who has four or more prior larceny or theft-related convictions commits a Class H felony when accused of another offense. This is known as habitual larceny.
Each prior offense, no matter how old, can be counted. This means older misdemeanors that seemed insignificant at the time could now be the trigger for felony prosecution. Avoiding this outcome requires effective legal intervention early in your case.
Penalties for Repeat Shoplifting Offenders in NC
Consequences of repeated shoplifting offenses in North Carolina can be stiff, including:
- A mandatory minimum jail sentence in some cases
- The shift from a misdemeanor to felony classification once habitual larceny applies
- Fines, probation requirements, and community service
- A lengthy criminal record that can follow you for life
If you’re convicted as a habitual offender, you could face months, or even years, in state prison. A single error in judgment can grow into a career-ending mistake if not handled properly.
Civil Penalties in Addition to Criminal Charges
Beyond the criminal side, store owners in North Carolina may also bring civil claims. Under N.C. Gen. Stat. § 1-538.2, merchants have the right to sue offenders for:
- The value of the stolen goods
- Additional civil penalties from $150–$3,000 plus attorneys’ fees
- Legal fees and court costs
This civil liability stands regardless of whether the criminal case ends in a conviction. If shoplifting becomes habitual, businesses are more likely to file lawsuits, further increasing the financial damage to the accused.
How a Criminal Defense Lawyer Can Help Repeat Offenders
If you’ve been charged with repeat shoplifting, it’s critical to act early. An experienced criminal defense attorney can:
- Help you access diversion programs, which may be available for first or second-time offenders, depending on the circumstances
- Negotiate with prosecutors to reduce charges or avoid a felony classification
- Review the prosecution’s evidence, including video and in-store witness accounts, and challenge weak or unclear areas
- Work toward favorable outcomes like suspended sentences or alternatives to incarceration
Don’t go into court alone. Your attorney may be able to stop your case from heading in the wrong direction.
Why Choose Greene Wilson & Styron, P.A.?
Greene Wilson & Styron, P.A. has earned a strong reputation for handling larceny, theft, and related offenses across Eastern North Carolina. We’ve worked with clients in New Bern, Craven County, and nearby communities. Our approach to criminal cases is personal and fiercely protective of your rights and future.
Call Greene Wilson & Styron, P.A., or reach out online to schedule a consultation.