Misdemeanors are less solemn malefactions. Nonetheless, a misdemeanor is still a crime and can have paramount consequences to one's opportunities in the future. A felony is a crime, typically one involving violence, regarded as more earnest than a misdemeanor, and conventionally penalizable by confinement for more than one year or by death. We ask that you swiftly contact us if you are concerned that you or someone that you know will be convicted. The Law Office of Julian M. Hall is constantly eager to provide clients with the proper representation in the court of law. Not only will we handle your cases with care, but with tenacity and ardor.
Felonies can be crimes committed against people such as murder or crimes against property such as Arson.
Assault: Also referred to as battery, this malefaction is when you endeavor to or prosper in causing someone earnest bodily injury. In North Carolina, there are two forms of assault; an appearance to immediately physically injure another person and a show of violence.
Assault with a Deadly Weapon - a deadly weapon is generally defined as anything that could possibly kill someone. In North Carolina there are two levels of assault with a deadly weapon. One is serious injury OR intent to kill while the other is serious injury AND intent to kill.
A serious injury is any injury that could require medical attention. Intent to kill is anything that indicates that murder was the intention. It can be words that were said, the aggression of the individual, or acrimony with the victim. Serious Injury or Intent to kill is a Class E felony which means that one can receive 15 to 31 months in prison. However, defendants with prior felony convictions can receive up to 63 months in prison.
Serious nnjury and intent to kill is a Class C felony which means that one can receive 44 to 73 months in prison. However, one can receive up to 182 months in prison if they have any previous felony convictions.
Kidnapping: This is when someone either takes and moves another individual against his or her will or when a person restrains another individual against his or her will.
Murder: Also referred to as homicide, this is when one individual kills another individual. There are different relegations of murder, such as first-degree murder, 2nd degree murder, and felony degree murder.
First degree murder is the most serious form of murder. A first degree murder is when the process of killing someone is vivid, clear, premeditated and planned before the individual commits the murder. Ex: One waits in a car outside of the victims house and kills the victim once they step outside.
Second degree murder occurs when someone kills an individual but did not plan on doing so. In other words, an individual kills another individual in the heat of the moment. Ex: Two guys argue at a bar and one of them goes to their car and gets a gun out of the glove department which was meant for protection and then kills the individual that he was arguing with.
Felony murder occurs when someone dies during the process of a crime that is classified as a Felony. IT DOES NOT MATTER IF THE MURDER IS INTENTIONAL OR ACCIDENTAL. Ex: If someone is robbing a bank and the banker dies from a panic attack then it is a felony murder. Also, if a group of people decide to rob a home and a member of the group decides to kill the resident of that home without conferring with the other members then all of them will still be charged with felony murder.
Rape can be non-consensual sex with another individual ,consensual sex with a minor, or non consensual sex with a minor. In North Carolina, if someone 18 years old or older has sex with someone 16 years old or younger then a crime known as statutory rape has been committed.
First degree rape occurs when there is vaginal intercourse between a minor who is 12 or younger and a person who is older than 12 but at least four years older than the minor. First degree sexual offense in North Carolina occurs when there is oral or anal intercourse between a minor who is 12 years old or younger and a person who is 12 years old or older and at least four years older than the minor. Also, if any body part other than the penis or an object is penetrated then a first degree sexual offense has been committed.
Statutory rape occurs when there is sexual intercourse between someone that is either 13, 14, or 15 and another individual who is at least four years older than the minor. Marital Exception - North Carolina has a marital exemption law which allows a minor and their adult spouse to conduct in consensual sex and intercourse that would be illegal if they were not married.
Romeo and Juliet exception prevents serious criminal charges against teenagers that conduct in sexual intercourse with those around the same age as them. This exception only can occur when there is intercourse between a minor and someone who is not more than four years older than the minor.
Class H Felony Larceny - A person will be charged with Class H Felony larceny if the property or services stolen is over $1000, if the property is taken from another person, it is retrieved by breaking and entering, or if the property is a firearm, explosive device, or paper in the custody of the North Carolina State Archives. The punishment for committing this crime ranges from four to eight months in prison.
Arson: A crime is considered arson when one purposely or intentionally sets fire to a building or an area outdoors with the most prevalent case being wildfires.
Burglary: A crime is considered Burglary when someone illicitly enters a building with the intent to commit a crime. In North Carolina, the classifications of burglary are first degree burglary and second degree burglary.
First Degree Burglary (Class D Felony) occurs when one breaks into someone's home while someone is present. If one does not have a criminal record, the penalty for committing this crime can be between 64 and 80 months. The penalty for committing this crime may be more severe if one has a criminal record. Second Degree Burglary (Class G Felony) occurs when one breaks into someone's home while there is not anyone home. One can receive between 10 and 13 months of Prison for committing this crime. Breaking and Entering (Class H Felony) is fairly similar to Burglary. However, the property that is broken into is not a place of residence but another type of building. If convicted of this crime one can receive between 5 and 6 months of prison.
North Carolina Felony Drug Laws/ Trafficking: Sell Heroin, Sale of Heroin, or Sale of Opium or Sale of Cocaine or Sale of any Schedule I or Schedule II are punishable as Class G felonies. Manufacture of Methamphetamine (Meth) is punishable as a Class C felony, unless the manufacture of meth merely involved packaging or labeling the drug in which case it is punishable as a Class H felony. Sale of Schedule III, Schedule IV, Schedule V, and Schedule VI drugs are punishable as Class H felonies. This includes the sale of marijuana, which is a Scheduled VI drug and punishable as a Class H felony. Possession with Intent to Sell and Deliver (PWISD) of Schedule III through Schedule VI drugs, except cocaine and heroin, is a Class I felony. Possession with Intent to Sell and Deliver (PWISD) or sale of a counterfeit drug is punishable as a Class I felony.
Drug Trafficking Laws prohibit large scale transportation and distribution of Controlled substances. These sentences are both tough to fight and tough to cope with. If one is in fear or know someone who's in fear of being convicted, please contact The Law Office of Julian M. Hall as soon as possible as we take these cases as seriously as the judicial system. Below provides information about the quantity of the drug and the punishment.
10 pounds up to 50 pounds - 25 to 30 months in prison
50 pounds up to 2,000 pounds - 35 to 42 months in prison
2,000 pounds up to 10,000 pounds - 70 to 84 months in prison
10,000 pounds and above - 175 to 219 months in prison
1,000 up to 5,000 dosage units - 35 to 42 months in prison
5,000 up to 10,000 dosage units - 70 to 84 months in prison
10,000 dosage units and above - 175 to 219 months in prison
Trafficking Cocaine (including Crack or Powder)
28 grams (about 1 ounce) up to 200 grams - 35 to 42 months in prison
200 grams up to 400 grams - 70 to 84 months in prison
400 grams and above - 175 to 219 months in prison
Trafficking Heroin or Opium
4 grams up to 14 grams (half ounce) - 70 to 84 months in prison
14 (half ounce) grams to 28 (ounce) grams - 90 to 117 months in prison
28 grams (ounce) and above - 225 to 279 months in prison
100 dosage units up to 500 dosage units - 35 to 42 months in prison
500 up to 1,000 dosage units - 70 to 84 months in prison
1,000 dosage units and above - 175 to 219 months in prison
100 tablets up to 500 tablets - 35 to 42 months in prison
500 up to 1,000 tablets - 70 to 84 months in prison
1,000 tablets and above - 175 to 219 months in prison
North Carolina Classes of Felonies
Class A felony: death or life without parole
Class B1 felony: 144 months to life without parole
Class B2 felony: 94 to 393 months
Class C felony: 44 to 182 months
Class D felony: 38 to 160 months
Class E felony: 15 to 63 months
Class F felony: 10 to 41 months
Class G felony: 8 to 31 months
Class H felony: 4 to 25 months
Class I felony: 3 to 12 months