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Driving While Impaired (DWI, DUI, OUI) is a misdemeanor in North Carolina punishable by up to 3 years in prison and $10,000 in fines.

In addition, all DWI convictions require a revocation of a driver license for at least a year. DWIs are rarely dismissed. They must be won or lost at trial.

People caught drinking and driving underage may be charged with Driving After Consuming Under the Age of 21, a Class 2 misdemeanor.

Certain DWI-related crimes - Felony Death by Motor Vehicle and Felony Habitual DWI - are felony crimes in North Carolina with possible jail time.
A drug crime may include misdemeanor drug possession, misdemeanor possession of drug paraphernalia, or felony possession, felony sale, or drug trafficking. A conviction for a drug crime can result in fines and court costs (for misdemeanors), probation (for misdemeanors and felonies), or active jail time (for felonies).

In addition, drug trafficking in North Carolina requires a mandatory minimum prison time. The only way to avoid a mandatory minimum prison sentence is through cooperation, also known as "substantial assistance". A drug conviction can also result in loss of employment, and an inability to find a new job.

In some cases, drug diversion may be available where treatment and community service are offered instead of jail time. Drug diversion can result in a dismissal of all charges.
A federal crime is a crime prosecuted by the United States Government through a United States Attorney. Federal crimes usually have much higher penalties, and come to trial much more quickly than crimes prosecuted in the state courts. Federal crimes usually include high-end drug crimes - where a lot of drugs are involved - or child pornography crimes, or bank and wire-fraud cases.

Where trial is not an option, federal crimes can result in plea agreements where substantial assistance is given (5k1.1, 3553(e) and Rule 35) in exchange for a reduction in punishments.

Sometimes charges in state court "go federal" meaning that the federal government decides to prosecute. Sometimes crimes - especially felon in possession of a gun - are prosecuted on both the state and federal levels.
An assault is either an unlawful touching (that may or may not result in injury) or the show of force. There are a wide range of assaults in North Carolina law, from simple assault (Class 2 misdemeanor) to Assault With a Deadly Weapon with Intent to Kill Inflicting Serious Injury (a Class C felony).

There are possible defenses to an assault charge, including self defense. Certain assault charges can result in mandatory jail time.

Other assault charges can be resolved through a diversion program (deferral agreement) which includes anger management treatment in exchange for a possible dismissal.
Sex crimes include crimes of violence, or crimes of sexual assault upon minors or children. First and Second Degree Rape, Statutory Rape, and Indecent Liberties with a Minor are common sex crimes in North Carolina. The first three crimes require prison time, with First Degree Rape requiring a mandatory minimum of 25 years in prison.

Other sex crimes can include Felony Peeping, Misdemeanor Sexual Battery, and Misdemeanor Peeping.

In addition, most sex crimes are reportable offenses, which require an offender to be registered as a sex offender for at least 10 years. In certain cases, a person may be required to comply with Satellite Based Monitoring.
Pornography crimes involve child pornography. On the state level, these crimes are prosecuted as Sexual Exploitation of a Minor. On the federal level, these crimes are prosecuted as Possession (or Distribution) of Child Pornography.

In either case, these crimes usually involve sex offender registry, which in North Carolina carries with it a minimum term of 10 years after which the offender must petition the court for removal from the registry.

Child pornography cases usually involve complex issues around WiFi, peer-to-peer sharing, and internet-related concepts.
A theft crime may include larceny (which is what people commonly think of when they think of theft) or various types of embezzlement. Theft crimes can be misdemeanors, although embezzlement is always a felony.

Shoplifting is a form of theft that is sometimes prosecuted as a felony if the person removed an anti-theft device from the merchandise.

Theft crimes involving relatively small dollar amounts where the defendant has otherwise had a clean criminal record may qualify for a diversion program (felony or misdemeanor diversion).

Diversion requires restitution and community service of between 75 and 225 hours in either 6 months or a year.
First Degree Murder is punishable by death or by life in prison. Second Degree murder (with malice, but no premeditation) is a Class B2 felony requiring mandatory prison time. Manslaughter (voluntary or involuntary) is a felony.

Where a person was believed to have been impaired while driving, that person may be found guilty of Felony Death by Motor Vehicle.

In addition, misdemeanor death by motor vehicle is a Class A1 misdemeanor, where the victim died, and the defendant unintentionally killed the defendant usually by violating a traffic law.
Domestic Violence cases are usually handled in special courtrooms. In Wake County, domestic violence cases are handled in courtroom 4A. This courtroom is dedicated to the resolution of these cases.

Domestic violence cases may also involve civil orders - Domestic Violence Protective Orders.

Various crimes might be involved in a DV case, including simple assault, assault on a female, communicating threats, interfering with an emergency communication, injury to personal property, or child abuse.

These cases are often complex, and involve no contact orders, and implications for living arrangements and child custody issues.
Arson or house burnings may be punished as a Class D if the building was occupied, or a Class G if unoccupied.

In addition, where false reports are made for the purposes of insurance fraud, additional crimes may be charged.

Finally, bomb threats or threats of an incendiary device may be charged as felonies, even when hoaxes.
Burglary is the invasion of a residence with the intent to commit a felony or larceny therein. It is punishable as a Class D felony. Burglaries may be First Degree Burglary or Second Degree Burglary.

If a business or other establishment was entered, the crime might be charged as a Breaking & Entering, which can either be a felony or a misdemeanor.

Most District Attorney offices have policies against reducing charges where a residence is involved, even if the incident was merely a high school prank.

Felony B&E of a Motor Vehicle is also a crime - a Class H felony.
Child abuse can be punished as a misdemeanor or felony. In North Carolina, accusations of child abuse may also involve investigation by Child Protective Services.

CPS has the authority to potentially take away custody of children where they believe the children are in danger. Consequently, anyone facing child abuse charges ought to consult with a lawyer about the possible problems of cooperation with CPS given a criminal investigation. In some cases, child abuse charges may be resolved by a diversion program where a parent participates in parenting or anger management classes in exchange for a dismissal.

We also represent people accused of contributing to the delinquency of a minor.
A fraud is the use of deception to take or attempt to take something of value. In North Carolina, a fraud can include Obtaining Property by False Pretense (OPFP) which is punished as a Class H felony for anything under $100,000 of value and a Class C felony for anything of $100,000 of value or more.

Frauds can also include identity theft, credit card fraud, wire fraud, bank fraud, and mortgage fraud. These frauds may be prosecuted on the state or federal level.
We can handle any kind of criminal matter in North Carolina, or in federal courts of the Eastern District of North Carolina.

If you're being investigated, you should contact a lawyer before speaking with police.

We are a trial law firm. We also help people with misdemeanor appeals to Superior Court.

However, if you've been convicted in Superior Court and are in prison, we will refer you to another lawyer.

We also do not sue police departments for allegations of abuse.
A hit and run may occur where someone knew or should've known they had caused an accident, but failed to stop and give information or stop and wait for police.

Current law allows police to seize vehicles involved in certain fleeing to elude crimes under the "Run and You're Done" law.
Kidnapping involves the use of force or threats of force to physically move a person from one place to another. The distance may not be very great.

For instance, a robber who seeks to move victims from one part of a store to another in order to accomplish the robbery may be charged with kidnapping, in addition to the robbery.

First Degree Kidnapping is a Class C felony in North Carolina. Second Degree Kidnapping is a Class E felony.
Resisting a Public Officer - Resist, Delay, Obstruct - is an all-too-common crime in North Carolina. It may involve lying to an officer, or physically resisting the officer.

Where an officer has been hit or injured, a person might be charged with Assault on a Government Official, or Malicious Conduct by a Prisoner (a felony).

Many judges will impose stiff punishments, especially where an officer may have been injured in the line of duty from a defendant's actions.
Robbery involves the use of force or the threat of force to take or attempt to take something from another person. Common Law Robbery is a Class G felony in North Carolina. It does not require the State to prove the use of a weapon. It is also known as unarmed robbery.

Robbery with a Dangerous Weapon or Robbery with a Deadly Weapon (RWDW) is a Class D felony, punishable by mandatory jail time.

Robbery does not require that the person took items of value. Any item taken may be grounds to call the act a robbery.

Robberies may also be punished on the federal level, especially when they involve drugs or deaths.
Choose a type of crime from the menu above. Or call (919) 352-9411.
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