If I have a larceny charge of stealing, removing anti-theft devices and damaging the device, what type of punishment am I facing?

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If I have a larceny charge of stealing, removing anti-theft devices and damaging the device, what type of punishment am I facing?

I have no previous criminal charges.

Asked on June 6, 2013 under Criminal Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If this is your first offense, depending on the circumstances of your case (i.e. were you cooperatve, what was the dollar amount of the stolen merchandise, etc), you may be eligible for something known as "diversion" (or your state's equivalent).

With diversion, you will plead guity to the charges in court. The judge will then place you on a special probation so that upon it's successful completion, you will have your plead withdraw, your case will be dismissed and your criminal history record cleared

However, if you do not complete your probation as instructed, then since you already pled guilty, you will be sentenced accordingly. This may or may not involve jail time.

You should note, diversion is only available to first-time offenders. Therefore, if you ever find yourself facing charges in the future, you will not be eleigible for it again. Consequently, you may want to have a lawyer represent you; possibly they can win an acquittal at trial or have the charges reduced or outright dismissed. At this point you should contact a criminal law attorney in the area of where you were charged.


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