North Carolina Criminal Defense Lawyer

North Carolina Criminal Defense Attorney

When someone is arrested, an extensive process usually begins. As you work to regain your independence during these periods, your fate could seem completely hopeless. With so much unknown in the future, you need a North Carolina criminal defense lawyer on your side to help you navigate the system. LAWSMITH, The Law Offices of J. Scott Smith, PLLC, can assist you.

Why Choose Us?

No matter how complex the case, our years spent defending clients against a wide range of criminal offenses means that we are informed about the legal system and can assist you with it. We can tailor our defense to fit your specific circumstances and stand up for your rights.

To minimize penalties and other negative consequences, we can examine all the evidence that is currently accessible in your case and create a defense plan. We can negotiate with the prosecution and challenge the evidence used against you in an attempt to get your charges withdrawn or reduced.

Criminal Charges and the Rights of Defendants

Criminal defense lawyers deal with a wide range of offenses. Defending the legal rights of those who are accused of crimes is the aim of these attorneys. The U.S. Constitution establishes the legal rights of defendants, including the right to remain silent and to have legal representation, among many others.

The spectrum of criminal offenses includes simple misdemeanors and traffic violations as well as felonies . Generally, a crime will either be a misdemeanor or a felony.

Criminal Misdemeanors

Misdemeanors are less serious offenses than felonies. Misdemeanors are broken up into four categories: Class A1, 1, 2, and 3.

• Class A1. Class A1 misdemeanors are the most serious misdemeanors. Their penalties include up to a few months in jail and fines. Examples of these can include child abuse and some forms of assault.
• Class 1. Class 1 misdemeanors carry penalties of up to a few months in jail and fines, which are decided by the court. Examples include possession of stolen property as well as breaking and entering.
• Class 2. Class 2 misdemeanors carry penalties of up to several weeks in jail and fines. Examples include carrying a concealed weapon and disorderly conduct.
• Class 3. Class 3 misdemeanors are the least serious misdemeanors. They carry penalties of up to less than a month in jail and fines. Examples of these include shoplifting and public intoxication.

A person can face enhanced penalties if the crime was committed as a hate crime, gang-related crime, or from some form of bias. The class can increase if one of these factors is present. For instance, if the crime would normally be classified as a Class 2, it can be bumped up to a Class 1 if it was determined that the motive behind the crime was hate. The misdemeanor can also be bumped up to a felony, depending on the circumstances.

Criminal Felonies

Similar to misdemeanors, North Carolina classifies felonies into categories. However, for felonies, there is a more extensive range of categories. These include the following:

• Class A. Class A felonies are punishable by the death penalty or life in prison with or without the possibility of parole. Class A felonies include, for example, first-degree murder.
• Class B1. The typical sentence range for Class B1 offenses is years to decades in prison, with the maximum sentence being a life sentence without the possibility of parole. First-degree statutory rape and second-degree murder are a few examples.
• Class B2. Class B2 felonies can expect a maximum sentence of several decades in jail. Class B2 offenses include, among other crimes, the trafficking of minors and drug distribution that results in death.
• Class C. Class C felonies carry a maximum punishment of a couple of decades in prison and a typical term of several years. Examples include first-degree kidnapping and the embezzlement of $100,000 or more.
• Class D. The typical incarceration term for Class D felonies is several years in jail, with a maximum of under two decades. An example of this would be voluntary manslaughter.
• Class E. Convictions for Class E felonies carry a typical jail sentence of a few years. Some instances of this offense include shooting a gun into a populated building and arson of a place of worship.
• Class F. A Class F felony conviction carries a typical jail sentence of around a couple of years, with a maximum of about half a decade. Examples of Class F felonies include Habitual impaired driving and malicious conduct by a prisoner.
• Class G. For a Class G felony, the typical sentence ranges from months to a couple of years in prison, with a maximum of a few years. Examples of this include a convicted felon possessing a firearm and intimidating witnesses.
• Class H. Sentences for Class H felonies typically range from a few to several months in jail, with a maximum of a few years. Examples of Class H felonies include indecent exposure and obtaining property by false pretenses.
• Class I. Class I felonies are the least serious kind of felonies, carrying a maximum sentence of a couple of years and a typical prison sentence of a few months. Examples include safecracking and breaking into a car.

Types of Punishments

Both misdemeanors and felonies use three types of punishments for crimes: active punishment, intermediate punishment, and community punishment. How these will work will depend on the crime.

• Active punishment. Active punishment is the most serious penalty. For misdemeanors, active punishment refers to jail time. For felonies, it refers to prison time.
• Intermediate punishment. Intermediate punishment for misdemeanors includes supervised probation and participation in recovery court. These same options are available for felonies. However, felonies can also include probation, shorter jail time, treatment options, and classes.
• Community punishment. Community punishment is the least serious penalty available. For misdemeanors, this can mean house arrest, community service, and other programs. Community punishment is only available for Class H and I felonies and can include probationary terms.

Misdemeanor Sentencing

A person may face a more severe sentence and type of punishment the more past convictions they have. Depending on the number of past convictions on file, a defendant will be placed in one of these three categories:

• Level I: No prior criminal history
• Level II: One to four prior convictions
• Level III: Five or more prior convictions

Felony Sentencing

Felony sentencing uses similar methods as misdemeanor sentencing. For instance, a person’s past criminal record will be a factor in how their penalties are categorized. In felony cases, the court will also consider the severity of the crime and the nature of their previous offenses.

A judge will typically opt for the standard sentence unless the circumstances dictate that a lower sentence would be more appropriate. If there are aggravated circumstances, that might dictate that a higher sentence should be imposed. Aggravating circumstances include:

• The defendant was hired or paid to commit the offense
• A highly vulnerable victim, such as a young child or a disabled person
• Committing the crime while armed with a deadly weapon

If the circumstances determine that the sentence should be lighter than the standard, this is usually because there are mitigating factors present. Mitigating factors include:

• the defendant reasonably believed that their conduct was legal
• A possible justification for the crime
• The defendant being genuinely remorseful of their actions
• Committing the crime under duress

For felonies, a person may also receive an enhanced sentence. This would happen if there are certain circumstances that occurred in conjunction with the crime, such as:

• Wearing a bulletproof vest
• Using a deadly weapon during the crime
• Committing the crime as part of gang activity
• Having an extensive criminal history of similar types of actions

Enhanced sentences can increase prison time and fines and, in extreme cases, bring on a life sentence.

Defenses Used in Criminal Cases

If you are charged with a crime, an attorney can help you build a strong, appropriate defense. While each case is different, attorneys generally look at the details of the case to make sure that a person’s rights are protected. They also check that each step of the process is handled lawfully. If not, an attorney can argue against these in court.

For example, if you were not properly Mirandized, if the arrest did not have probable cause, or if you were a victim of unlawful search and seizure, an attorney can argue to have evidence removed from your case. If law enforcement conducted their actions in a lawful manner, an attorney can then look into other appropriate defenses, depending on your case. Some common defenses include:

• You are innocent. In this defense, you claim that you did not commit the crime and that someone else must have done it. If you have an alibi that can be supported with evidence, this would likely be the most appropriate defense.
• The act was justified. With this defense, you claim that you acted in defense of yourself, someone else, or in some cases, your property from imminent harm, thus justifying your actions.
• You acted against your will. You can argue that you would not have committed the crime under normal circumstances, but you were either forced to do so or threatened with imminent harm if you did not comply.

Your Rights

You still have legal rights, even after being accused of a crime. You are entitled, for example, to remain silent when questioned. This privilege protects you from incriminating yourself. Anyone who has been arrested can refuse to answer any questions about the offense until their counsel enters the room. You also have the right to an attorney.

You have the right to a speedy and equitable trial. This implies that no one, including the prosecutor, may needlessly postpone the trial. For your trial to withstand public scrutiny, you also have the right to have it made public.

You have the option to appeal your case to a higher court to receive a different result if you are unhappy with the decision and feel that the trial was conducted unfairly. A lawyer can assist you in doing this.

FAQs

Can a Criminal Record Affect My Future?

Yes, a criminal record can have significant implications for your future, including employment opportunities, housing options, professional licenses, and educational opportunities. A criminal defense attorney can help you explore certain legal options, such as expungement or the sealing of records, to help avoid these consequences.

What Should I Do If My Rights Were Violated During an Arrest or Interrogation?

If you believe that your rights were violated during an arrest or interrogation, document the incident as thoroughly as possible and let your attorney know of the circumstances immediately. They can investigate the situation, file appropriate motions to suppress evidence, and ensure that your rights are upheld throughout the legal proceedings.

What Is the Difference Between a Felony and a Misdemeanor?

The difference between a felony and a misdemeanor is that misdemeanors are less serious offenses, with penalties usually being up to one year in jail. Felonies are more serious crimes, carrying potential prison sentences of one year or more. Felonies also typically result in more severe consequences, including the loss of certain civil rights, stricter probation, and steeper fines.

What Factors Should I Consider When Evaluating Potential Defenses for My Case?

When evaluating potential defenses for your case, you should consider factors such as:

• The evidence against you
• Witness testimony
• Potential constitutional violations
• Evidence for your alibi
• Self-defense claims
• Any mitigating circumstances that could support your innocence or decrease your level of culpability

A criminal defense attorney can help you assess these factors and develop a strong defense that is tailored to your case.

Contact LAWSMITH, The Law Offices of J. Scott Smith, PLLC

If you have been charged with a crime, having the aid and legal counsel of an attorney is vital. The attorneys at LAWSMITH, The Law Offices of J. Scott Smith, PLLC, can help you with your case. We can evaluate the circumstances surrounding your particular situation and build a strong defense in your favor. We can work on the legal side so you can focus on your future. Contact us today for more information.