Criminal Defense in North Carolina
Former Prosecution Experience Applied to Your Defense
A criminal charge in North Carolina sets in motion a process that can affect your employment, housing, and personal freedom for years. Knowing how charges are classified, what penalties apply, and what defenses exist is the first step toward protecting yourself.
At Whitley Coleman, PLLC, we handle the full range of criminal matters, including misdemeanors, serious felonies, DUI charges, and drug offenses.
Facing criminal charges in North Carolina? Call Whitley Coleman, PLLC today at (910) 218-9973 or contact us online to schedule a free consultation with our criminal defense attorneys.
John Coleman spent nearly ten years as a prosecutor before joining Whitley Coleman, PLLC, and that experience shapes how we approach every case. We know the arguments the state will make before they make them, and we use that knowledge to build defenses that hold up under scrutiny.
Assault Charges under North Carolina Law
Assault charges in North Carolina range from Class 2 misdemeanors to serious felonies, and the classification depends on the specifics of what happened. Under N.C.G.S. Ann. § 14-33, misdemeanor assault includes:
- Simple assault or assault and battery;
- An 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. Prior convictions can extend that sentence to 60 days and add a fine of up to $1,000. Circumstances involving serious injury, certain weapons, sexual battery, domestic violence, or protected victims can raise the offense to a Class A1 misdemeanor, the most serious misdemeanor level in North Carolina.
When assault involves a deadly weapon with intent to kill or results in serious injury, the charge becomes a felony under N.C.G.S. Ann. § 14-32. If only one of those two factors is present, the defendant faces a Class E felony. If both factors are present, the charge rises to a Class C felony. Because North Carolina uses a structured sentencing grid, the actual prison range depends on the defendant’s prior record level. A Class E felony carries a minimum sentence starting at 15 months, while a Class C felony starts at 44 months, with maximum sentences that can reach significantly higher depending on criminal history. To learn more about the specific sentencing rules, visit our page on Violent Crimes.
Each assault case turns on its own facts. Our team at Whitley Coleman, PLLC examines the full factual record before settling on a strategy, whether that means establishing self-defense, challenging the state’s account of the incident, or contesting the severity of the alleged injury. We also recognize that many assault charges arise from complicated personal relationships, and we handle these matters with both legal thoroughness and genuine care for the people involved.
Aggressive Yet Compassionate Criminal Defense
North Carolina law prohibits operating a vehicle on any highway or public place while under the influence of an impairing substance, with a blood alcohol concentration of .08% or higher, or with any metabolized Schedule I controlled substance in your system. Physical control over the vehicle is enough to trigger the charge. You don’t need to be in motion.
Sentencing follows one of five levels determined by aggravating and mitigating factors the judge weighs at sentencing. Level One carries the most serious penalties. Every DUI conviction also requires a mandatory substance abuse assessment and a treatment or rehabilitative program, though a judge may credit completed treatment time toward any required jail term.
Visit our page on DUI to learn more about the specific penalties for each sentencing level and the possible license suspension periods.
Drug Charges 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 methamphetamine; or
- Possessing or distributing a chemical while knowing or reasonably believing that it will be used to manufacture a controlled substance or methamphetamine.
North Carolina’s Drug Schedule System
North Carolina classifies prohibited substances into six schedules based on their abuse potential and accepted medical use. Schedule I includes substances like heroin and mescaline, which carry no recognized medical application. The schedule of the drug involved directly affects the severity of the charge and the penalties that follow.
If you’ve been charged in New Hanover County court or elsewhere in the region, understanding which schedule applies to the substance in your case is a critical part of evaluating your defense options. Our team reviews the full circumstances of an arrest, including the method of search, seizure, and interrogation, to identify any procedural issues that could affect the outcome.
The state uses six schedules to establish the baseline for penalties. Some examples of prohibited substances by schedule:
- Schedule I: heroin, mescaline, MDMA
- Schedule II: opium, morphine, oxycodone, fentanyl, methamphetamines, amphetamines
- Schedule III: sedatives like ketamine, large amounts of pain medicine, and codeine
- Schedule IV: Xanax, Cathine
- Schedule V: high quantities of over-the-counter medicines, smaller quantities of codeine
- Schedule VI: marijuana, hashish, synthetic cannabinoids
Facing any criminal charge, from a first-offense misdemeanor to a serious felony, calls for a legal strategy built around the specifics of your case. At Whitley Coleman, PLLC, our attorneys have secured felony dismissals for clients and prepare cases around their specific facts.
What our criminal defense representation includes:
- Thorough review of the arrest, search, and seizure for constitutional violations
- Case-specific defense strategy developed around your facts and history
- Former prosecution experience informing how we anticipate and counter the state’s approach
- Negotiation for reduced charges or alternative sentencing where applicable
- Courtroom representation prepared to contest the state’s evidence at trial
Call us at (910) 218-9973 or contact our criminal defense attorneys online to learn more in a free consultation today.
Our commitment doesn’t end when the case resolves. We aim to give clients the information they need to move forward, whether that means understanding record sealing options, probation requirements, or what a dismissal means for their future.
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Restraining Order Denied Restraining Order Denied
Restraining order successfully defended against and denied to the Plaintiff after hearing.
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Found Not Guilty After Trial Found Not Guilty After Trial
Judge found the state lacked probable cause to arrest the Defendant after arguments by counsel, and the state dismissed the case.
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Driving Privilege Restored Driving Privilege Restored
After a permanent revocation of a client’s driver’s license by the Department of Motor Vehicles for Driving While Impaired our attorneys argued for reinstatement of the client’s privilege to drive in front of a hearing officer.
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“I wish I could give more stars because they deserve a 10 with the ease of service!”- Marcia H.
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“I received a call back from Whitley Coleman within an hour from leaving a message for them.”- Brandon M.
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“I couldn’t be more pleased with the service I received.”- Craig K.
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“Very professional and eager to help me resolve my issues quickly and efficiently!”- Kelsey S.
Time matters in a criminal case. Evidence is preserved or lost early, and the decisions made in the first days after an arrest can shape how the entire case unfolds. Don’t wait to get legal counsel in your corner. Our attorneys at Whitley Coleman, PLLC have secured felony dismissals for clients and draw on former prosecution experience when preparing each defense.
Your choice of attorney matters when your future is on the line. We build our client relationships on trust and direct communication, working to address concerns and discuss available options. We answer questions about your charge, your rights, and what to expect from the process ahead.
On significant cases, both Jessica Whitley Coleman and John Coleman work together to explore available avenues for defense.
Call us at (910) 218-9973 or Contact Whitley Coleman, PLLC today to schedule a free consultation with our criminal defense attorneys.
