Asheville Theft and Property Crimes Defense Lawyer

Theft and property crimes cover a wide range of offenses in North Carolina, from shoplifting and vandalism to serious felony charges such as burglary, robbery, and embezzlement. While some people assume these charges are “minor” compared to violent crimes, the reality is that a conviction for a property crime can carry severe penalties and long-term consequences. At The Pritchard Firm, our Asheville theft and property crimes defense lawyer provides skilled, aggressive defense for individuals accused of theft and property crimes in Buncombe County, helping clients fight back against charges that could jeopardize their freedom, reputation, and future opportunities.

Understanding Theft & Property Crimes in North Carolina

In North Carolina, theft and property crimes are prosecuted under a variety of statutes depending on the circumstances of the case. Some of the most common offenses include:

Shoplifting and Larceny

Larceny involves the unlawful taking of property with the intent to permanently deprive the owner of its possession. In North Carolina, larceny can be charged as a felony under certain conditions. For instance, larceny is classified as a Class H felony punishable by up to 39 months in prison if the value of the allegedly stolen property exceeds $1,000. If the stolen property is a dog, the offense is charged as a Class I felony punishable by up to 24 months in prison, regardless of the animal’s monetary value.

Burglary

Burglary involves unlawfully entering a building with the intent to commit a felony or larceny therein. First-degree burglary, a Class D felony punishable by up to 17 years in prison, occurs when the entry is into an occupied dwelling and involves the intent to commit a felony or larceny. Second-degree burglary, in contrast, involves breaking and entering into a building, but not necessarily an occupied dwelling. Second-degree burglary is a Class G felony, punishable by up to 47 months in prison.

Embezzlement

Embezzlement occurs when an individual, entrusted with property due to their position or employment, fraudulently converts it for personal use. The severity of the offense depends on the value of the embezzled property. If the property is valued under $100,000, embezzlement can be charged as a Class H felony. However, embezzlement of property valued at $100,000 or more is a Class C felony, punishable by over 19 years in prison.

Other Theft and Property Crimes

• Breaking and entering – Entering another person’s property without permission, often linked to theft charges but punishable on its own, even without theft occurring.
• Robbery with a Dangerous Weapon (RWDW) – Armed Robbery is a serious felony that is considered both a property crime and a violent crime, as the commission of robbery involves theft combined with the use of a deadly weapon, such as a knife or firearm.
• Common Law Robbery—Sometimes called “strong-arm robbery,” it is also the taking of property through force or threats but not with a deadly weapon. It is less serious than armed robbery but still a Class G felony carrying the potential of years in prison.
• Possession of stolen property – Being found in possession of property you knew or reasonably should have known was stolen.
• Property damage offenses – Acts such as vandalism or destruction of property, which can also carry criminal and civil penalties.

Each of these crimes carries different levels of punishment depending on the circumstances, including whether a weapon was used, whether anyone was injured, the value of the property, and whether the accused has prior convictions.

Consequences of a Theft or Property Crime Conviction

Even a misdemeanor theft conviction can have a lasting impact on a person’s life. In addition to fines, probation, and possible jail time, individuals convicted of theft often face collateral consequences such as:

• Difficulty finding employment, since many employers avoid hiring applicants with theft convictions.
• Loss of professional licenses or certifications in certain industries.
• Barriers to housing, loans, and educational opportunities.
• Immigration consequences for non-citizens including deportation or denial of naturalization.

Felony theft and property crime convictions are even more serious, often resulting in lengthy prison sentences and the lifelong stigma of being a convicted felon.

Defending Against Theft & Property Crime Charges in Asheville

The Pritchard Firm approaches every case with the understanding that no two clients or their situations are alike. Attorney John Pritchard is a board-certified specialist in both state and federal criminal law, with extensive trial experience in complex theft and property crime cases. Depending on the facts, possible defenses may include:

1. Lack of Intent

For a theft conviction, the prosecution must prove that the defendant had the intent to permanently deprive the owner of the property. If the defendant can demonstrate that there was no such intent, perhaps due to a misunderstanding or lack of knowledge about the property’s ownership, the charge may be reduced or dismissed.

2. Mistaken Identity

Eyewitness misidentification is a common issue in theft cases. Alibi evidence, surveillance footage, or credible witnesses can help establish that the defendant was not present at the scene, leading to a potential acquittal.

3. Unlawful Search and Seizure

If law enforcement obtained evidence through an unlawful search or seizure, that evidence may be inadmissible in court. A skilled attorney can file motions to suppress such evidence, weakening the prosecution’s case.

4. Lack of Knowledge

In some property crime cases, the defendant may not have known that the property was stolen. Demonstrating a lack of knowledge can be a valid defense, especially in receiving stolen property cases.

5. Consent

If the property owner consented to the defendant’s actions, such as allowing entry into a building or permitting the use of property, this fact can serve as a defense against burglary or larceny charges.

6. Insufficient Evidence

The prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. If they fail to present sufficient evidence, the defense can argue for a dismissal or acquittal.

In some cases, negotiating for reduced charges, diversion programs, or alternative sentencing may be the best way to protect a client’s future, especially for first-time offenders.

Why Choose The Pritchard Firm

Facing theft or property crime charges in North Carolina requires a comprehensive understanding of the law and a strategic defense approach. An experienced attorney can assess the specifics of the case, identify potential defenses, and work toward the most favorable outcome for the defendant.

John Pritchard’s depth of experience sets him apart from many criminal defense attorneys in North Carolina. His dual board certifications demonstrate proven skill in handling both state and federal cases, and his background as a former state and federal prosecutor gives him unique insight into how the government builds and prosecutes theft and property crime cases. He uses this knowledge to anticipate the prosecution’s strategy and mount the strongest possible defense for his clients.

The Pritchard Firm is committed to protecting clients not only from immediate penalties but also from the long-term consequences that a conviction could bring. We take the time to explain the law, outline the process, and give each client a clear understanding of their options and possible outcomes.

Contact The Pritchard Firm in Asheville Today

If you or your family member is facing charges for theft or a property crime in North Carolina, do not wait to get experienced legal help. Early intervention can make all the difference in building a strong defense and protecting your rights. The Pritchard Firm offers dedicated defense strategies in Asheville and Buncombe County tailored to each unique situation. Contact us today for a consultation and take the first step toward protecting your rights and future.