Don’t Do Time for What Isn’t Your Crime! Fighting for Clients in New Hanover, Brunswick and Pender Counties
Criminal charges could have detrimental and long-lasting impacts that affect both your today and tomorrow. As a result, it is important to put up a relentless fight in your defense with the help of a team of experienced and dedicated attorneys.
At Whitley Coleman, we take a hands-on approach to our client’s cases as we work together to strategize unique defenses to the accusations against them. We have former prosecution experience on our side that can help us anticipate the other party’s attacks against you, and we have numerous success stories of felony dismissals for clients in the past. Don’t risk a criminal conviction for harsh or false accusations; whether you have been charged with misdemeanor or felony assault, DUI, or drug possession, or if you seek post-conviction relief to seal your criminal record, our law firm can help you.
Schedule a free initial consultation online or at (910) 218-9973 to discuss your legal options in more detail with our team at Whitley Coleman.
The violent crimes of assault and battery are categorized as misdemeanors or felonies, depending on the circumstances of the offense. N.C.G.S. Ann. § § 14-32 and 14-33 classify misdemeanor assault as one of the following:
- assault and battery that involves physically injuring someone else;
- attempt to commit an assault and battery or a show of force indicating that an assault and battery is imminent; and
- affray, a fight between 2 or more people in a public place, likely to frighten others.
In most cases, misdemeanor assault is charged as a Class 2 misdemeanor punishable by probation and a sentence of up to 30 days in jail. If the defendant has prior convictions, the sentence can extend to 60 days and a fine of up to $1,000. However, situations that involve serious injury, certain weapons, sexual battery, domestic violence, or special victims could increase the penalty level to Class A1 or Class 1 misdemeanors.
In more severe instances of assault that involve the use of a deadly weapon with the intent to kill and/or that results in serious injury, the offense is charged as a felony. If only one of these two factors is present (intent to kill or serious injury), the defendant could be charged with a Class E felony punishable by 15-31 months in prison and a possible “presumptive” sentence of 20-25 months. If both factors are present, the defendant could be charged with a Class C felony punishable by 44-98 months in prison, with a presumptive term of 58-73 months. To learn more about the specific sentencing rules, visit our page on Violent Crimes.
Driving under the influence of drugs or alcohol is another criminal charge that our firm can help you resolve. Recall that North Carolina law prohibits drivers from operating a vehicle on any highway or public place while they are under the influence of an impairing substance or while they have a blood alcohol concentration (BAC) of .08% or more or any metabolized Schedule I drug in their system. It is also not required that the motorist be driving to be charged; merely being in actual physical control over the vehicle, whether it is in motion or not, is enough to constitute a charge.
Call us at (910) 218-9973 or contact our attorneys online to learn more in a free consultation today.
Depending on the presence of aggravating and mitigating factors, the judge will assign one of 5 sentencing levels that will determine the defendant’s jail time, fines, license suspension periods, and other penalties, with Level One being the most serious level. Note that all DUI convictions also carry a mandatory substance abuse assessment and treatment or rehabilitative course, though a judge can count this treatment time towards the required jail time. Visit our page on DUI to learn more about the specific penalties for each sentencing level, as well as the possible periods of license suspension depending on the circumstances of the offense.
Drug-related activity is another category of serious crime in North Carolina. The state prohibits individuals from:
- possessing a controlled substance;
- manufacturing, selling, delivering, or possessing with the intention to manufacture, sell, or deliver a controlled substance;
- creating, selling, delivering, or possessing with the intention to sell or deliver a counterfeit controlled substance;
- possessing a chemical with the intention to manufacture a controlled substance or meth; or
- possessing or distributing a chemical while knowing or reasonably believing that it will be used to manufacture a controlled substance or meth.
Keep in mind that North Carolina classifies prohibited drugs into 6 schedules, with Schedule I containing the most addictive drugs with no medical use. The drug schedule will largely determine the type of penalties. For reference, some examples of prohibited substances in their appropriate schedules are:
- Schedule I – heroin, morphine, mescaline
- Schedule II – opium, oxycodone, fentanyl, methamphetamines, amphetamines
- Schedule III – sedatives like ketamine, large amounts of pain medicine codeine
- Schedule IV – Xanax, Cathine
- Schedule V – high quantities of over-the-counter medicines, smaller quantities of codeine
- Schedule VI – marijuana, hashish, synthetic cannabinoids
If you have been charged with a crime in Wilmington, do not hesitate to seek legal counsel immediately. Time is of the essence when you are facing criminal charges, as your case will depend on the available evidence. Our attorneys at Whitley Coleman are experienced and professional trial lawyers who have successfully dismissed felonies for our clients in the past, and we will do our best to do the same for you, if your legal circumstances allow it. We will build a strong defense on your behalf to argue for mitigated or dismissed charges, and we will put up a compelling fight for your rights in the criminal justice system.
Choosing Whitley Coleman was a great choice because they informed me of everything I needed to know and it was a one time fee. I didn't have to do anything after that. They took care of everything for me.Brandon M.
Charges Dismissed Criminal Defense
Case Dismissed Criminal Defense