Hire A Charlotte Criminal Defense Lawyer & Protect Your Rights
Being arrested and charged with a crime is scary. What can be even more terrifying is the knowledge that being convicted of a crime can forever change your life. In fact, criminal charges can result in fines that cause you to go into debt, prison time that prevents you from being near your family or enjoying your life at home, and other long-lasting implications, such as the inability to get custody of your child, get hired for a job, or participate in certain activities and opportunities.
When you are charged with a crime and have questions about what happens next, the best thing that you can do to protect your rights and improve your chances of a brighter future is to call a skilled Charlotte, North Carolina criminal lawyer.
At Remington & Dixon, PLLC, our criminal lawyers have experience helping those who have been charged with violent assault, drug crimes, driving with a revoked license, and more. We are passionate about making sure that the rights of every person who is charged with a crime are protected during the judicial process.
Speak To A Charlotte Criminal Defense Lawyer
Being charged with assault or battery is a serious offense in North Carolina. In North Carolina, there are dozens of different kinds of assault charges with which you may be charged, including malicious castration, malicious maiming, felonious assault with a deadly weapon, domestic abuse, assault inflicting serious bodily injury, and more. The different types of assault can be found in Article 8 of North Carolina General Statutes, and are classified as either felony or misdemeanor assaults.
Just as there are multiple different types of assault under the state’s criminal code, an experienced violent assault lawyer knows there are different penalties for each crime. If you have been accused of a type of violent assault, such as assault inflicting serious bodily injury, and you are convicted on this charge, you will be guilty of a class F felony. In order to be convicted, the person who was assaulted must have suffered serious bodily injury, which the law defines as permanent disfigurement, coma, a permanent condition that results in extreme pain, the loss of use of a bodily organ, or another condition that creates a risk of death. Our violent assault lawyers will explain that a class F felony charge can carry a prison sentence of up to 41 months.
However, not all assaults are felony charges; misdemeanor assaults, batteries, and affrays, simple and aggravated, are also types of violent assault, but assault charges that carry less severe penalties. Our violent assault lawyers recognize these charges are much more common in North Carolina, and typically carry a penalty of a prison sentence of up to one year, although a community service sentence may be issued instead. If you do not have a previous criminal record, and your assault did not result in bodily injury to the victim, then this sentence may be reduced.
Because of the complexity of assault laws in the state of North Carolina, it is very important to have a violent assault lawyer on your side who can help you understand the specific type of assault that you have been charged with, prove your innocence if you did not commit assault, or negotiate a plea deal with the prosecution to have your sentence reduced. In the event that you caused physical harm to another person (not just the fear of harm) or/and have a criminal record, having a violent assault lawyer on your side is even more important.
Drug Charges Defense Lawyer
Controlled substances in North Carolina are strictly regulated. It is illegal in the state to do any of the following in regards to a controlled substance:
- Sell; or
- Manufacture or cultivate.
The penalties that are associated with each of the drug crimes listed above are dependent on both the amount of drug that is possessed/distributed/sold/manufactured/cultivated as well as the type of drug involved in the crimes.
- Drug possession charges: The possession of drugs is the least severe drug offense, although the penalties for this crime type are not light. Possession of schedule I drugs (such as ecstasy or heroin) is considered to be a class 1 felony, which carries a penalty of prison time as well as a fine. Possession of schedule VI drugs, on the other hand, such as marijuana, is a much less serious drug charge. While this offense can still result in jail time of up to 30 days, it is considered to be a class 3 misdemeanor.
- Drug distribution and sale: Distributing or selling drugs in North Carolina can carry harsh penalties. Even distributing a schedule VI drug can be a serious crime – if accused of selling or distributing more than 50 pounds, but less than 2,000, the crime would be considered a class G felony. For a class G felony, a person may be penalized by a fine of up to $25,000 and face prison time of up to 42 months. If charged with the distribution or sale of other drugs, such as cocaine, or in greater amounts, the penalties can be much more serious.
- Drug manufacturer or cultivation: Manufacturing a drug (i.e. methamphetamine) or cultivating a drug (i.e. marijuana) is a felony drug charge, regardless of the type of drug or the amount that is being manufactured or cultivated. However, the class of felony, and therefore the penalty, is dependent upon the drug type and amount. For example, the cultivation of less than 10 pounds of marijuana is a felony drug charge that carries up to eight months in prison; the manufacture of methamphetamines is a class C felony, which is punishable by a fine of up to $250,000 and prison time of up to 279 months. If the methamphetamines were packaged or repackaged, but not manufactured by the defendant, the offense is considered to be a class H felony, per North Carolina General Statutes section 90-95, which is a less serious offense.
Being charged with a drug crime can change your life, even if the crime was only possession of marijuana. Drug convictions will go on your permanent criminal record, and can impair your future opportunities. To learn more about defenses to drug charges in Charlotte, it is essential that you speak with a criminal lawyer.
Driving with a Revoked License
The law governing driving with a revoked license was recently amended in North Carolina. While the previous law classified the operation of a motor vehicle when the driver’s license has been revoked by the state as a class 1 or class 2 misdemeanor, the new law reads that, “any person whose driver’s license has been revoked who drives any motor vehicle upon the highways of the State while the license is revoked is guilty of a Class 3 misdemeanor,” per North Carolina General Statutes section 20-28. The law further reads that if the original revocation was as a result of the person’s impaired driving, then the crime of driving with a revoked license is upped to a class 1 misdemeanor. Most of the time, misdemeanor offenses do not result in prison time of the accused person; rather, a community service sentence is often given. However, if your license was revoked and you have a criminal record, then a conviction may include a sentence of prison time. The punishment limits for each class of misdemeanor can be found in section 15A-1340.23 of North Carolina General Statutes. Your vehicle may also be seized.
If you were driving with a revoked or a suspended license, it is important that you understand the full extent of consequences that you may face. It is also essential that you understand your right to legal representation. While you may face conviction of the crime of driving with a revoked license regardless, a criminal defense lawyer may be the difference between prison time and community service, community service or just a fine. The work of a criminal lawyer may also result in the charges against you being dropped entirely depending upon the specifics of your situation. For example, if a police officer stopped your vehicle without cause (i.e. there was no reason that the officer should have stopped your vehicle), then any evidence against you may be inadmissible to a court. A criminal lawyer can help you explore this and other defenses to driving with a revoked license charge.
When a person commits an act of theft, he or she may face charges for larceny in North Carolina. Being convicted of larceny can have serious consequences, and can impair an individual’s future. When charged with larceny in North Carolina, it is essential that you have a criminal defense lawyer on your side who can help you to understand the charges pending against you, and protect your interest during the criminal proceedings.
What Constitutes Larceny in North Carolina?
There is no specific definition for the crime of larceny in North Carolina criminal code. However, larceny is general referred to as the taking of another’s property without the permission of the property owner. Specific larceny offenses, per North Carolina Criminal Code Chapter 14, Section 16 include:
- Receiving stolen goods;
- Possessing stolen goods;
- Concealment of merchandise;
- Unauthorized use of a motor vehicle;
- Removal of a shopping cart from a store’s premise;
- Unauthorized taking or sale of labeled dairy milk;
- Larceny of motor fuel; and
- Larceny of motor vehicle parts.
The above list is not inclusive – larceny charges may be dealt for theft involving other items besides the ones mentioned above.
How Larceny Is Penalized
The way that larceny is penalized in North Carolina is dependent upon the specific act of larceny committed. For example, larceny of motor vehicle parts is classified as a class I felony if the cost of repairing the motor vehicle totals $1,000 or more. On the other hand, larceny of motor fuel is classified as a class I misdemeanor if the motor fuel is valued at less than $1,000. According to section 14-70 of North Carolina criminal code, receiving stolen goods, including “chattel, property, money, valuable security, or other thing whatsoever,” is classified as a class H felony when the goods are valued at more than $1,000. When the amount of goods is less than $1,000, the crime is a misdemeanor.
Felony Penalties in North Carolina
A class H felony is punishable in North Carolina by up to 25 months in jail, depending upon whether or not the person who is charged with the crime has been charged with any prior convictions. Of course, a fine may also be assessed as well.
In addition to criminal penalties, it is important to note that an individual who commits larceny may also face civil penalties as well. Civil penalties for larceny may include the recovery of the total value of loss property, reimbursement for attorney’s fees, and punitive damages. A person can be convicted in civil court even when he or she is not convicted in criminal court, and visa versa.
The Importance of a Criminal Lawyer When Charged with Felony Larceny
Felony larceny is much more serious than other petty crimes. A felony charge can greatly change your life, result in jail time, large fines, and reduce opportunities that you have in the future. If you have been charged with larceny in North Carolina, it is within your best interest to hire a criminal defense lawyer as soon as possible.
A criminal lawyer does more than just inform you of your rights during the criminal procedure; rather, a criminal lawyer can ensure that any evidence obtained unlawfully is not used against you, that your right to a trial by jury is upheld, and that unfair tactics—like police intimidation—are not used to withdraw a confession. Further, a criminal defense lawyer can also work to have charges against you reduced or dropped, or negotiate a plea deal on your behalf with the prosecution. Of course, your criminal lawyer can also prepare you for trial, guide you through what to say, and practice testimony and questioning.
Call a Charlotte, North Carolina Criminal Defense Lawyer Today
Being charged with a crime can change your life. However, remember that you have the right to a criminal defense lawyer, and that a criminal charge is not the same thing as a criminal conviction. When you hire a criminal lawyer who is committed to working on your behalf, your rights during the criminal process are protected, and your sentence may be less severe than it would be otherwise.
The experienced Charlotte criminal defense lawyers at Remington & Dixon, PLLC have the skill set and determination that your case needs. We have experience helping charged persons in many areas of criminal law, including violent assault, drug charges, driving with a revoked license, and more. We understand that if you have been charged with a crime, you are likely scared about what to do next. We will guide you through everything that you need to know, and advocate on your behalf every step of the way. For a free consultation where you can learn more about the criminal process in North Carolina and how we can help you, call us today at 704-247-7110, or contact us online.