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

UPDATED: Jun 6, 2013

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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


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

Answered 9 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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