Larceny by Employee Charges in North Carolina: What You Need to Know

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Garrett, Walker, Aycoth & Olson, Attorneys at Law, we understand the seriousness of facing a larceny by employee charge in North Carolina. These charges carry harsh consequences, and a conviction can significantly impact your future. Our experienced criminal defense attorneys in Greensboro, NC, are here to protect your rights and help you navigate the complex legal process.

This page will provide a comprehensive guide on larceny by employee charges, the relevant North Carolina statute, the elements of the offense, frequently asked questions, and how we can help.

What is Larceny by Employee?

Larceny by employee is a specific type of theft crime that occurs when an employee steals money, goods, or property from their employer. Unlike general theft or larceny, this charge is considered more severe because it involves a breach of trust between the employer and employee. Because it involves internal fraud, this is what makes any level of Larceny by an Employee a felony charge. In North Carolina, this offense can lead to felony charges, depending on the value of the property stolen.

Elements of Larceny by Employee in North Carolina

To secure a conviction for larceny by employee, the prosecution must prove the following elements beyond a reasonable doubt:

  1. The Defendant Was an Employee: The accused must be employed by the victim (the employer). This could include full-time, part-time, temporary, or contract work.
  2. Ownership of the Property: The property or chattel in question must belong to the employer. This includes cash, merchandise, equipment, or any other items owned by the business or organization.
  3. Taking or Carrying Away the Property: The defendant must have physically taken or carried away the employer’s property without consent.
  4. Intent to Permanently Deprive: The accused must have intended to permanently deprive the employer of the property, meaning they took it for personal use, financial gain, or to deny the employer access to the item.
  5. Without the Employer’s Consent: The employee must have taken the property without the employer’s permission or knowledge.

If the prosecution can establish these five elements, the court may find the employee guilty of larceny by employee.

The Statute for Larceny by Employee in North Carolina

In North Carolina, larceny by employee is governed by N.C.G.S. § 14-74, which states that any employee who steals property worth less than $100,000 from their employer can be charged with a Class H felony. If the stolen property is worth more than $100,000 then this will increase the charge to a Class C Felony, facing a lengthy active term of imprisonment.

The reason larceny by an employee is a higher-level charge is workplace theft and employee dishonesty involve a fraud element with the breach of employer trust being involved.

A Class H felony conviction can result in a prison sentence ranging from 4 to 25 months, depending on prior criminal history and aggravating or mitigating factors. Even a misdemeanor larceny by employee conviction can result in jail time, probation, and significant fines.

Frequently Asked Questions about Larceny by Employee

1. What is the difference between larceny and larceny by employee?

Larceny by employee is a specific charge that involves theft or misappropriation committed by someone who is employed by the victim. Regular larceny charges do not necessarily involve a relationship between the defendant and the victim.

2. What is the penalty for larceny by employee in North Carolina?

If convicted of larceny by employee for property valued under $100,000, you may face a Class H felony charge. This carries potential penalties of up to 25 months in prison, probation, and heavy fines. For amounts greater than $100,000, you will face a lengthy active sentence.

3. Can larceny by employee charges be dismissed?

Yes, larceny by employee charges can be dismissed or reduced depending on the circumstances of the case. Common defenses include lack of intent, insufficient evidence, or demonstrating that the defendant had permission to use the property.

4. How long does larceny by employee stay on my record?

A conviction for larceny by employee, like other felonies or misdemeanors, remains on your record permanently unless you are able to expunge it. However, not all convictions are eligible for expungement in North Carolina.

5. Can I get my job back after being charged with larceny by employee?

If you have been charged with or convicted of larceny by employee, it is highly unlikely that your employer will allow you to return to your job. Even if you are found not guilty, the employer may still choose to terminate your employment based on the charge itself.

Defending Larceny by Employee Charges in North Carolina

At Garrett, Walker, Aycoth & Olson, Attorney at Law, our legal team takes an aggressive approach to defending individuals facing larceny by employee charges. Here are some potential defenses we may raise:

  • Lack of Intent: If the prosecution cannot prove that you intended to permanently deprive the employer of the property, this could be a strong defense.
  • Mistaken Identity: In some cases, the wrong person may be accused of the crime. We can investigate the facts and show that you were not the person responsible.
  • Authorization: If you had permission from your employer to take or use the property, this may be a valid defense.
  • Insufficient Evidence: We will challenge the prosecution’s evidence and argue that they have not met the burden of proof to convict you beyond a reasonable doubt.

Why Choose Garrett, Walker, Aycoth & Olson?

At Garrett, Walker, Aycoth & Olson, Attorneys at Law, we have extensive experience handling larceny by employee cases. Our criminal defense attorneys understand the nuances of North Carolina’s criminal statutes and will build a strategic defense tailored to your situation. We are dedicated to protecting your rights and working toward the best possible outcome, whether that means a dismissal, reduction of charges, or acquittal at trial.

Our team has a strong reputation in Greensboro, NC, for defending clients against serious charges, including embezzlement, felony, and misdemeanor charges. We offer personalized attention, aggressive representation, and a commitment to ensuring justice is served.

Contact Us Today for a Free Consultation

If you are facing larceny by employee charges in North Carolina, don’t wait. Contact Garrett, Walker, Aycoth & Olson today for a free consultation. We’ll review the facts of your case, explain your legal options, and start building a robust defense strategy.

Call us at (336) 379-0539 or visit our contact page to schedule an appointment. Let our experienced team fight for you and help protect your future.

Additional Resources:

  • North Carolina General Statutes on Theft Crimes: N.C.G.S. § 14-74
  • Expungement Information in NC: Learn more about clearing your record after a larceny conviction.