Currently Browsing:NC Criminal Defense

Conditional Discharge and Deferred Prosecution

In North Carolina: Conditional Discharge: the Defendant is found guilty or pleads guilty, but is then placed on probation without the court setting judgment in the case, pending review at the end of the probation period. Once the requirements of the conditional discharge are met, the charges will be dismissed. Conditional Discharge 90-96: for certain […]

Homicide Laws in North Carolina

What is homicide? Homicide is the killing of one human-being by another human-being. There are different types of homicide, they include: murder and manslaughter. What is the difference between murder and manslaughter? Murder is the unlawful killing of a human being by another human being with intent. A killing can be lawful when committed in […]

Sentencing for Felonies in North Carolina

Felonies in North Carolina are divided into ten (10) different classes, A (the most serious), B1, B2, C, D, E, F, G, H, I (the least serious). Felonies can be punished by either Community Punishment, Intermediate Punishment, or Active Punishment. What is the difference between the three types of punishment? Community, Intermediate, and Active Punishment […]

Embezzlement in North Carolina

White Collar Crimes: Embezzlement Punishment in North Carolina What are White Collar Crimes? White Collar Crimes are financially motivated and non-violent in nature, these crimes are usually committed by someone inside the business or a government professional. Embezzlement, also known as financial fraud, is a type of White Collar Crime. Embezzlement is the unlawful and […]

Habitual Felon Designation in North Carolina

Generally, North Carolina sentencing for criminal defendants depends on their prior criminal convictions. Additionally, North Carolina has a designation for what is considered to be a habitual felon.  This status causes the defendant to be sentenced much more harshly than he or she would have otherwise been, based on the charged offense. Habitual Felon Status […]

Larceny in North Carolina

In North Carolina, larceny is defined under N.C.G.S. 14-72. Larceny, which is commonly referred to as theft or stealing, is a property crime in North Carolina and generally must meet all of the following elements: The taking of property; The carrying away of said property; Without consent; With the intent to deprive the victim of […]

North Carolina: Search Warrants and Exceptions

In general, police must have a warrant to search you, your home, or and your personal belongings. To obtain a search warrant, the police officer needs probable, meaning that an officer must have some evidence more than his own inclination that evidence of a crime will be found. Be aware, however, that officers do not always need a […]

Sentencing for Misdemeanors in North Carolina

There are two classes of crime, felony and misdemeanor. In North Carolina, there are four categories of misdemeanors: (1) Class A1, which includes the most serious type misdemeanor crimes; (2) Class 1; (3) Class 2; and (4) Class 3, which include the least serious type of misdemeanor crimes. Being charged with a Class 3 misdemeanor […]