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PROPERTY CRIME

In North Carolina, there are laws established to protect the ownership of property. If you violate these laws, by theft or other destructive means, you could face serious consequences. While some theft and property crimes are misdemeanors, others are felonies and a conviction of any criminal offense could mean serious long term implications.

Types of theft and property offenses

Some common types of theft and other property crimes include the following:

  • Larceny / Concealment – stealing another person’s property, including shoplifting.  If the value of the property stolen is over $1,000, or if you shoplift by removing an anti-theft device from an item, this could be charged as a felony offense.
  • Embezzlement – stealing money or other property from your employer.  This offense is always charged as a felony.
  • Receiving / Possessing Stolen Goods – having stolen goods in your possession.  If you are aware that the goods were stolen during a felony offense, this offense itself may be charged as a felony.
  • Injury to Property - intentionally damaging another’s personal or real property.
  • Breaking and entering - breaking or entering into another person’s building without permission.  If you break into or enter a building with the intent to steal something or commit another crime once inside, this may be charged as a felony offense.
  • Burglary – breaking and entering into another person’s residence, during the nighttime, with the intent to steal something or commit another crime once inside.  If someone is home at the time of the burglary, it may be charged as a very serious felony offense.
  • Robbery - taking another person’s property by the use of force.  If a deadly weapon is involved, this may be charged as a very serious felony.
  • Arson - intentionally burning or attempting to burn a structure.  This is always charged as a felony offense and, if the structure is occupied at the time, it may be charged as a very serious felony.   

What are the Punishments?

In North Carolina, the penalties for property crimes will vary and can include fines, probation, community service, counseling / treatment, or a possible jail sentence.  In serious felony cases, a conviction could result in a lengthy prison term.

Some factors that are taken into consideration to determine a punishment include:

  • The class and seriousness of the misdemeanor or felony;
  • Any aggravating or mitigating factors such as threats involved, firearms or weapons used, use of any other force, the item of property involved, the value of the property involved, and if the offender was in a position of trust; and
  • Prior convictions of the offender.

 

What are the Punishments?

In North Carolina, the penalties for property crimes will vary and can include fines, probation, community service, counseling / treatment, or a possible jail sentence.  In serious felony cases, a conviction could result in a lengthy prison term.

Some factors that are taken into consideration to determine a punishment include:

  • The class and seriousness of the misdemeanor or felony;
  • Any aggravating or mitigating factors such as threats involved, firearms or weapons used, use of any other force, the item of property involved, the value of the property involved, and if the offender was in a position of trust; and
  • Prior convictions of the offender.

Defenses available

Regardless of the sentence received, a conviction of a crime can have a lasting negative impact on your future personal life. A criminal record can limit the options available to you in all aspects of life. It is important that you seek the assistance of an experienced criminal defense attorney to ensure that you are advised of your options prior to any damaging conviction. A knowledgeable attorney can assess the evidence the prosecution has against you and craft the best defense.

Effective legal counsel can ensure that you are not wrongly punished for a crime. If you have been charged with a property or theft crime, or if you are being investigated for such a crime, you need a strong attorney to represent and protect your interests.

Dan Blau has extensive experience in aggressively defending clients against a wide variety of property crimes. He has represented clients in federal and state trial and appellate courts. If you are facing charges of theft or other property crimes, or if you are in the early stages of an investigation against you, call Daniel M. Blau today for a confidential and free consultation at (919) 256-3606.

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What Our Clients Say

THOUSANDS OF CASES | DOZENS OF APPEALS | QUALIFIED SUCCESS

Convictions Vacated

State v. A.H. (2018) Client was convicted of multiple felony and misdemeanor counts of possessing weapons on educational property.   RESULT ON POST-CONVICTION: All convictions vacated after statutes were ruled to be unconstitutional.

New Trial Granted

State v. T.L., 217 N.C. App. 455 (2011) Client was convicted of robbery and kidnapping and was sentenced to 71-104 months in prison. RESULT ON APPEAL: New trial granted due to judge refusing to admit important defense evidence at trial.

New Trial Granted

State v. S.C., 802 S.E.2d 531 (2017) Client was convicted of felony assault and was sentenced to 65-90 months in prison. RESULT ON APPEAL: New trial granted due to violation of client’s constitutional rights at trial.  (Appeal remains pending.)

New Hearing Ordered

State v. A.N., 778 S.E.2d 863 (2015) Client pled guilty to robbery and was placed into deportation proceedings as a result of his convictions. RESULT ON APPEAL: New hearing ordered due to former attorney misadvising client about the consequences of his guilty plea.

Convictions Reversed

State v. G.B., 217 N.C. App. 380 (2011) Client was convicted of forgery and habitual felon and was sentenced to 70-93 months in prison. RESULT ON APPEAL: Convictions reversed due to lack of evidence.

Conviction Vacated

State v. K.P. (2018) Client was convicted of first-degree murder and sentenced to life in prison. RESULT ON POST-CONVICTION: Conviction vacated due to ineffective assistance of counsel; client released with time served.

Order Vacated

State v. M.M., 209 N.C. App. 466 (2011) Client was ordered to enroll in lifetime satellite-based monitoring. RESULT ON APPEAL: Order vacated due to lack of jurisdiction.

Convictions Reversed

State v. L.P., 2011 N.C. App. LEXIS 1535 (2011): Client was convicted of misdemeanor larceny and sentenced to probation. RESULT ON APPEAL: Convictions reversed due to lack of evidence.

New Trial Granted

State v. S.R., 223 N.C. App. 325 (2012): Client was convicted of sex offenses and was sentenced to 307-378 months in prison.   RESULT ON APPEAL: New trial granted due to judge allowing improper expert testimony at trial.

Convictions Vacated

State v. J.D., 2017 N.C. App. LEXIS 327 (2017) Client was convicted of marijuana charge and habitual felon and was sentenced to 76-116 months in prison. RESULT ON APPEAL: Convictions vacated due to defective search warrant.

Order Vacated

State v. M.M., 209 N.C. App. 466 (2011) Client was ordered to enroll in lifetime satellite-based monitoring. RESULT ON APPEAL: Order vacated due to lack of jurisdiction.

Convictions Reversed

State v. L.P., 2011 N.C. App. LEXIS 1535 (2011): Client was convicted of misdemeanor larceny and sentenced to probation. RESULT ON APPEAL: Convictions reversed due to lack of evidence.

New Hearing Ordered

State v. A.N., 778 S.E.2d 863 (2015) Client pled guilty to robbery and was placed into deportation proceedings as a result of his convictions. RESULT ON APPEAL: New hearing ordered due to former attorney misadvising client about the consequences of his guilty plea.

New Trial Granted

State v. S.C., 802 S.E.2d 531 (2017) Client was convicted of felony assault and was sentenced to 65-90 months in prison. RESULT ON APPEAL: New trial granted due to violation of client’s constitutional rights at trial.  (Appeal remains pending.)

Convictions Reversed

State v. G.B., 217 N.C. App. 380 (2011) Client was convicted of forgery and habitual felon and was sentenced to 70-93 months in prison. RESULT ON APPEAL: Convictions reversed due to lack of evidence.

New Trial Granted

State v. T.L., 217 N.C. App. 455 (2011) Client was convicted of robbery and kidnapping and was sentenced to 71-104 months in prison. RESULT ON APPEAL: New trial granted due to judge refusing to admit important defense evidence at trial.

Convictions Vacated

State v. J.D., 2017 N.C. App. LEXIS 327 (2017) Client was convicted of marijuana charge and habitual felon and was sentenced to 76-116 months in prison. RESULT ON APPEAL: Convictions vacated due to defective search warrant.

New Trial Granted

State v. S.R., 223 N.C. App. 325 (2012): Client was convicted of sex offenses and was sentenced to 307-378 months in prison.   RESULT ON APPEAL: New trial granted due to judge allowing improper expert testimony at trial.

Convictions Vacated

State v. A.H. (2018) Client was convicted of multiple felony and misdemeanor counts of possessing weapons on educational property.   RESULT ON POST-CONVICTION: All convictions vacated after statutes were ruled to be unconstitutional.

Conviction Vacated

State v. K.P. (2018) Client was convicted of first-degree murder and sentenced to life in prison. RESULT ON POST-CONVICTION: Conviction vacated due to ineffective assistance of counsel; client released with time served.

Please note that these are examples of prior cases in which we have obtained a positive result for our client.  Every case is different, and we cannot guarantee a specific result in your case.