North Carolina Criminal Law
Criminal law in North Carolina is gathered from a large collection of statutes prohibiting certain behaviors. North Carolina law can present harsh penalties for a drug offense or DWI; it is important to be aware of the general approach towards common criminal behavior. For information on North Carolina criminal law or legal advice, contact a North Carolina criminal defense attorney.
Drug Possession in North Carolina
If arrested for possession or distribution of drugs in North Carolina, a defendant faces potential felony charges, fines, and mandatory minimum sentences depending on the type and quantity of the drug:
For more information or details regarding possession or intent to sell charges in North Carolina, contact a North Carolina criminal defense attorney.
Assault in North Carolina
Assault crimes in North Carolina cover what is typically considered “assault and battery.” If a defendant presents a realistic fear of imminent harm via a threat, or intentionally or recklessly injures another, than assault has been committed. Most assaults in North Carolina are misdemeanors and punishable by up to 6 months in prison. Various circumstances, such as use of a weapon or particular types of assault as defined by North Carolina law will elevate the crime to a felony and increase the sentence. For specific information on serious assaults, contact a North Carolina defense attorney.
North Carolina Drunk Driving - DWI
In North Carolina, a DUI can result in a license suspension, a fine, installation of an ignition interlock device, mandatory alcohol rehabilitation classes, and potentially jail time or probation depending on the nature of the offense. If arrested for a DWI in North Carolina, the defendant will have a sentencing hearing and certain factors can increase or decrease the penalty. Contact a North Carolina DWI attorney if facing DWI charges in North Carolina
Right to Jury in North Carolina
According to the North Carolina Constitution, all defendants in criminal actions facing felony charges are granted a right to be charged by a jury. Misdemeanor offenses do not have the right to a jury. A defendant may waive a right to a jury trial.
Trial Date in North Carolina
North Carolina’s Constitution provides that a criminal defendant shall be entitled to a speedy trial, but does not have a statute outlining a timeframe for a trial date after an arraignment. For concerns about receiving a fair and speedy trial in North Carolina, contact a North Carolina defense attorney.
Sentence Review / Appeals in North Carolina
A defendant convicted in a criminal trial, or sentenced by a magistrate judge in a bench trial, may appeal the conviction and sentence to a higher court in North Carolina. The appellate court can review errors such as: errors of procedure in ruling on motions or admissibility of evidence, errors in sentencing because the sentence was invalid or excessive, or insufficiency of the evidence to convict as a matter of law. The appeals court may overturn a conviction and order a new trial. For questions on specific instances of appeal, contact a North Carolina defense attorney.
North Carolina Statutes
Click here for the North Carolina General Statutes: