Arrested or Charged with Shoplifting (G.S. 14-72.1) in North Carolina?

Getting caught shoplifting can feel like the worst moment of your life. Maybe you made a mistake. Maybe it was a misunderstanding. Or maybe you just weren’t thinking clearly.

But now you’re facing criminal charges that could follow you for years.

At McMinn, Logan & Gray PLLC, we’ve seen how quickly a shoplifting charge can turn someone’s world upside down. What starts as a simple mistake at the store can end up affecting your job, your housing, your education—even your ability to volunteer at your child’s school.

The good news? A charge isn’t a conviction. And with the right defense strategy, you may be able to protect your future.

North Carolina’s Shoplifting Laws

North Carolina actually has two different shoplifting-related charges, and understanding the difference could be crucial to your case:

Concealment of Merchandise (G.S. 14-72.1): This is what most people think of as “shoplifting.” You’re charged with this if you’re caught hiding merchandise while still in the store.

Larceny (G.S. 14-72): This is the more serious charge. You get hit with larceny if you actually leave the store with unpaid merchandise.

The location where you’re caught makes all the difference. Still in the store? Probably concealment. Already in the parking lot or your car? Likely larceny.

What Counts as Concealment of Merchandise?

Under North Carolina General Statute 14-72.1, concealment happens when you:

• Hide merchandise without paying for it
• Switch price tags to pay less
• Remove security tags
• Conceal items in bags, clothing, or other merchandise
• Move items from one container to another to avoid paying full price

You don’t have to leave the store to be charged. Just hiding the item is enough.

Penalties for Shoplifting in North Carolina

The consequences depend on whether it’s your first offense or if you’ve been caught before.

First Offense: Class 3 Misdemeanor

• Up to 10 days in jail
• 24 hours of community service
• Court costs and fines
• Permanent criminal record

Second Offense (within 3 years): Class 2 Misdemeanor

• Up to 60 days in jail
• Either 72 hours in jail OR 72 hours of community service
• Higher fines and court costs

Third Offense (within 5 years): Class 1 Misdemeanor

• Up to 120 days in jail
• Mandatory 11-day jail sentence (no community service option)
• Significant fines and court costs

What About Larceny Charges?

If you’re charged with larceny instead of concealment, the penalties get much more serious:

• Under $1,000: Class 1 misdemeanor (up to 120 days in jail)
• Over $1,000: Class H felony (up to 39 months in prison)

That’s right—stealing items worth more than $1,000 can land you in prison.

Why Shoplifting Charges Are More Serious Than You Think

Beyond the immediate penalties, a shoplifting conviction creates long-term problems:

Employment Issues: Most employers run background checks. A theft conviction raises red flags about trustworthiness and honesty.

Housing Problems: Landlords often reject applicants with criminal records, especially for crimes involving dishonesty.

Educational Barriers: Colleges and universities may deny admission or revoke financial aid for theft convictions.

Professional Licenses: Many professional licensing boards consider theft convictions as disqualifying factors.

Immigration Consequences: For non-citizens, any theft conviction can lead to deportation or denial of citizenship applications.

Defenses Against Shoplifting Charges

Just because you were arrested doesn’t mean you’ll be convicted. There are several ways to fight these charges:

1. Lack of Intent

You have to intentionally conceal merchandise to be guilty. If it was an accident—maybe you forgot about an item in your cart or pocket—that’s a valid defense.

2. Mistaken Identity

Store security sometimes grabs the wrong person, especially in crowded stores. We can challenge whether you were actually the person who concealed the items.

3. Unlawful Search or Detention

Store employees and security guards have limited authority. If they violated your rights during the detention or search, the evidence might be thrown out.

4. No Concealment

Sometimes store employees jump to conclusions. If you were just rearranging items in your cart or bag, that’s not concealment.

5. Already Paid For

If you had a receipt or could prove you purchased the item elsewhere, the charges should be dismissed.

What NOT to Do If You’re Arrested for Shoplifting

Being arrested for shoplifting can be overwhelming, and your next steps matter. A single mistake in how you handle the situation could make your case harder to fight.

Here are a few things you should avoid doing if you find yourself facing shoplifting charges.

• Don’t admit guilt to store security or police. Even if you think cooperation will help, anything you say can be used against you in court.
• Don’t sign any papers without understanding what they are. Some stores try to get you to sign civil demand letters admitting guilt.
• Don’t ignore the charges. Hoping they’ll go away will only make things worse. You could end up with a warrant for your arrest.
• Don’t represent yourself in court. The stakes are too high, and the system is too complicated for most people to handle alone.

Staying calm, protecting your rights, and avoiding these missteps can make a big difference in how your case unfolds. The sooner you involve a skilled defense attorney, the better your chances of reaching a favorable outcome.

Frequently Asked Questions

Can I be charged with both shoplifting and larceny for the same incident?

Technically yes, but it’s uncommon. Usually, prosecutors will choose the charge that best fits the circumstances. If you concealed items and then left the store, they’ll typically go with the more serious larceny charge.

What if the item was under $20? Does that make a difference?

No. North Carolina doesn’t have a minimum value threshold for concealment of merchandise. Even concealing a pack of gum can result in criminal charges.

Will I have to pay the store back even if I beat the criminal charges?

The store may send you a civil demand letter asking for money regardless of the criminal case outcome. These are separate issues—one is criminal, the other is civil. You should discuss any civil demands with your attorney.

Can my employer fire me for a shoplifting arrest?

North Carolina is an at-will employment state, so your employer can generally fire you for any reason or no reason. However, if you haven’t been convicted yet, some employers may be willing to wait and see the outcome of your case.

What happens if I can’t afford the fines and court costs?

Courts can set up payment plans or, in some cases, allow you to perform additional community service instead of paying fines. Your attorney can help negotiate these arrangements.

Don’t Let One Mistake Define Your Future

A shoplifting charge doesn’t have to ruin your life. With the right legal strategy and experienced representation, you may be able to get the charges reduced, dismissed, or resolved without a conviction.

The key is acting quickly. The sooner you involve an attorney, the more options you’ll have to protect your future.

At McMinn, Logan & Gray PLLC, we understand that good people sometimes make bad decisions. We don’t judge—we defend. Our job is to protect your rights, preserve your reputation, and fight for the best possible outcome in your case.

Don’t wait. Don’t hope this goes away. Don’t try to handle it alone.

Contact McMinn, Logan & Gray PLLC today for a consultation. Schedule your consultation online.

Your future is too important to leave to chance. Let’s talk about how we can help you move forward.