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Lengthy Prison Sentence in Felony Larceny Case

A North Carolina native allegedly stole credit and cancer patient’s identity and amassed over $30,000 in charges.

Prosecutors also alleged that, between 2013 and 2014, 35-year-old T’sha Riddick stole credit cards from fellow employees, patients, and doctors at Cancer Treatment Specialists in Chesapeake, Virginia. After Ms. Riddick pleaded guilty to fifteen felonies, including identity theft and grand larceny, Circuit Judge Marjorie Taylor Arrington sentenced her to five years in prison; she must also pay restitution and stay away from the cancer treatment center for at least fifteen years. While out on bail, according to court documents, Ms. Riddick lied on a rental application, stole her landlord’s mail to open bank accounts, and tried to return a stolen computer to Wal-Mart for cash.

Ms. Riddick was convicted of felony credit card theft in North Carolina in 2005.

Larceny

This term covers a wide range of offenses that generally constitute exercising unauthorized control over the property of another. In a larceny trial, the state must prove each element of the offense beyond any reasonable doubt. There are basically six larceny offenses in North Carolina:

  • Misdemeanor larceny, which is the taking and carrying away of the property of another, without the owner’s consent, with the intent to permanently deprive.
  • The charges are upgraded to felony larceny if the property was worth over $1,000, belonged to an individual, was committed during a burglary, took place on prohibited premises, like a church, or involved prohibited items, like a firearm.
  • Misdemeanor possession of stolen goods is possessing property that the person knows, or should have known, was stolen, with an evil intent.
  • In like manner, the charges may be upgraded to felony possession of stolen goods based on aggravating circumstances, as above.
  • Misdemeanor receiving stolen goods, which is receiving property that the person knows, or should have known, was stolen, with an evil intent.
  • Felony receiving stolen goods is alleged based on aggravating circumstances, as outlined above.

One of the best strategies in a larceny case is to set the case for trial and put the state to its proof. Other times, restitution and an apology may cause the complaining witness to lose interest in the matter.

Prior Conviction and Other Evidence in a Criminal Case

Rule 404 controls the admission of character evidence and prior convictions in a criminal case. Generally, prior acts are not admissible to prove that the defendant acted in conformity with those prior acts on a particular occasion. In other words, the prosecutor cannot introduce a prior weapons conviction to prove that the defendant used a firearm in a felony.

There are a number of exceptions; for example, the larceny statute specifically allows prior convictions to be admitted into evidence for punishment purposes. Prior bad acts are also admissible for other purposes, such as intent or lack of entrapment. In other words, since the defendant had a record, the defendant knew the conduct was illegal.

Contact Diligent Lawyers

For prompt assistance in this area, contact the hard-working Charlotte attorneys at Remington & Dixon, PLLC.

 

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