Misdemeanors

Misdemeanors are “lessor” criminal acts – they are typically punished less severely than felonies. There are four classes of misdemeanors in North Carolina ranging from Class 3 which are the least serious to Class A1, the most serious. A Class 3 misdemeanor carries a maximum active sentence of 20 days and a Class A-1 misdemeanor carries a maximum active sentence of 150 days of imprisonment. It is important to note that a defendant’s prior criminal record can and will have a direct impact on his or her punishment.

Misdemeanors although not as serious as felonies, are serious charges and you should contact an attorney immediately is you have been so charged.

 

Traffic Violations

We represent people charged with a wide range of traffic matters from simple speeding tickets to serious drunk driving charges.

Convictions for traffic violations have a cumulative effect and multiple convictions can have serious adverse consequences. Our strategy for handling traffic violation is to analyze the defendant’s record and work to get the best possible results available with the ultimate goal being, dismissal of charges.

DWI/DUI

Driving while impaired or DWI or DUI, is a very serious criminal offense, especially in the State of North Carolina and can lead to jail or prison time, heavy fines, raised insurance rates, suspension of driving privileges, loss of employment, and family hardship. However, arrest does not have to lead to a conviction. We will fight hard for your acquittal to protect your future.

North Carolina DWI law states that it is unlawful for any person to operate or attempt to drive a motorized vehicle while under the influence of alcohol, drugs, intoxicants, or any combination thereof with a blood alcohol concentration level of .08 or greater.

If you are stopped under the suspicion of a DUI/DWI, the police officer is immediately building a case against you, starting with your initial behavior during the stop and for this reason you should not hesitate to seek immediate legal counsel when facing a drunk driving charge.

 

Marijuana Possession

Simple possession of marijuana is a misdemeanor. Possession of drug paraphernalia (the pipe, papers, needles, even the container used to store the drugs) is also a misdemeanor. Misdemeanors can carry an active jail time. It is extremely important, especially for younger defendants, to keep drug charges off their criminal record. Drug convictions can stop you from getting a job, joining the military, renting an apartment, getting into school, or even volunteering at your child’s school.

 

Assault

Simple assault is a Class 2 misdemeanor. Someone who commits an unlawful touching of another, or who engages in a “show of violence” (raises a hand, but does not hit), is guilty of simple assault. North Carolina has a series of aggravating factors that raise the seriousness of the offense from a Class 2 misdemeanor to a Class 1 or Class A1 misdemeanor. Assault on a female generally carries harsher punishments that assaulting a male.

Expunctions

In North Carolina, an expunction is the destruction of a criminal record by court order. An expunction (also called an “expungement”) of a criminal record restores the individual, in the view of the law, to the status he or she occupied before the criminal record existed. With rare exception, when an individual is granted an expunction, he or she may truthfully and without committing perjury or false statement deny or refuse to acknowledge that the criminal incident occurred.

Opportunities to expunge a criminal record in North Carolina are not common. Criminal records eligible for expunction in North Carolina are generally limited to the following three categories:

  • A first-time conviction of a nonviolent offense occurring more than 15 years ago

  • A first-time conviction of certain offenses committed before age 18/22

  • A charge that was dismissed or disposed “not guilty”

 

Contract Formation and Negotiation

A well-drafted contract is the cornerstone of any successful business relationship.  A well-drafted contract is clear, specific and focused. Your contract should expressly represent your interests and be drafted with the purpose of minimizing your risks, and avoiding disputes and potential litigation

 It is often said in business that, "you don't get what you deserve; you get what you negotiate." Contract negotiations involve discussing and compromising on contract terms to reach a final, approved draft of a contract that is acceptable to all parties. The ideal end result is an agreement that is both fair and equitable where there is confidence that your needs are addressed and your interests are protected.

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