If you are in need of a Criminal Attorney in Raleigh, NC look no further. The law office of William Fay is a well known criminal defense law firm and can assist you in understanding what you are facing, what legal defenses might apply in your case, and what options are available to you.
When you go to court you should understand that the district attorney and the judge cannot give you legal advice because they represent the State of North Carolina. But, just because you have been charged with a certain offense does not mean you have no alternatives. In fact, with strong legal representation pleas can be worked out in most cases to help you avoid the most severe consequences of a criminal charge. If you are innocent you must fight to prove your innocence. If you have been ordered to appear in court for a criminal offense then you can be assured the district attorney intends to try, convict and punish you. Even if you are guilty of the offense you should fight to make sure you get the minimum sentence.
In North Carolina, punishment for criminal offenses depends primarily on two factors, the classification of the crime and the defendant's prior record level. A prior record level is determined by the number of prior convictions and is different for misdemeanor sentencing and felony sentencing. Generally speaking, misdemeanors fall into one of four classifications:
Class A1 - A class A1 is the most serious type of misdemeanor in North Carolina. Examples include Assault on a Female, DWI, and Assault on a Law Enforcement Official. Even for a first offender, a class A1 misdemeanor can be punishable by jail time. The maximum sentence on a Class A1 misdemeanor for a Level III offender (five or more prior convictions) is 150 days in jail.
Class 1 - Examples of class 1 misdemeanors include communicating threats, possession of drug paraphernalia, and driving with license revoked. A class 1 misdemeanor is punishable by jail time only for Level 2 (one to four prior convictions) or Level 3 (five or more prior convictions) offenders. The maximum punishment for a class 1 misdemeanor is 120 days in jail.
Class 2 - Examples of class 2 misdemeanors include carrying a concealed weapon, resisting an officer, and simple assault. Only a defendant who is a Level 3 (five or more prior convictions) can receive an active jail sentence on a class 2 misdemeanor. The maximum punishment on a class 2 misdemeanor is 60 days in jail.
Class 3 - Examples of class 3 misdemeanors include disorderly conduct, possession of marijuana (less than ½ oz.), and second degree trespass. Only a defendant who is a Level 3 (five or more prior convictions) can receive an active jail sentence on a class 3 misdemeanor. The maximum punishment on a class 3 misdemeanor is 20 days in jail.
Felonies in North Carolina fall into 10 different classifications (A, B1, B2, C, D, E, F, G, H, I) with A being the most serious (punishable by Life Imprisonment without parole or Death as Established by Statute) and I being the least serious (a first offender on an I felony is exposed only to a probationary sentence). The defendant's prior record level makes an enormous difference in felony sentencing. Anyone facing felony charges should speak with an attorney to determine their individual level of exposure. Contact us for additional information.
