You have options to get your misdemeanor larceny charge in Wake County dismissed, especially if it’s the first time you have been charged with a crime.
There are multiple options to get the charge dismissed, but all require patience and possibly multiple court dates.
In North Carolina, Misdemeanor Larceny is the receiving or possessing of stolen goods (G.S. 14-72). If the goods are valued at over $1000, the crime becomes Felony Larceny. For example, if one is charged with stealing $1000.50 of goods, it is a Class H Felony. If the goods are valued at less than $1000.01, it is a Class 1 Misdemeanor.
How Can I Get It Dismissed?
- If you have never been charged with anything besides minor traffic violations in the past, you may be able to receive a dismissal through the First Offender’s Program, which allows you to do 75 hours of community service to earn a dismissal.
- Your attorney may be able to find a defect in how the loss prevention officer or law enforcement officer conducted their investigation, and have the case dismissed by the assistant district attorney, judge, or through a bench trial.
- Your attorney may be able to work out another type of agreement to have the charge dismissed.
What If It Can’t Be Dismissed?
If it cannot be dismissed because of various reasons, including previous charges and/or convictions, the Wake Assistant District Attorney might agree to reduce the charge to shoplifting, which is a Class 3 misdemeanor (although it’s a Class 2 in some situations, such as if you have been convicted of shoplifting in the last three years). You generally will not face jail time for a Class 3 misdemeanor, although it is possible based on your criminal record. Some ADAs might also be willing to reduce the charge to trespassing, which may help if you have immigration issues.
Can I Expunge It If It’s Been Dismissed?
In most cases, yes. If you have a felony record, you may not be able to expunge the dismissed larceny charge. The Law Office of Paige Feldmann will prepare your expungement for free if Attorney Feldmann handles your Larceny charge. There will be a $175 fee to the Wake County Clerk of Court if you completed some type of deferral program or did community service to earn a dismissal.
Do I Need A Lawyer For My Larceny Charge?
Yes. Having a larceny conviction on your record is most certainly going to affect your job and housing prospects in the future. There are lawful statutory ways to have the charge dismissed that many people do not know about or understand. Contact William at 919-880-2124 for a free consultation on your Wake County charge.