Category Archives: Felony Offenses

How Can I Defend Myself Against Embezzlement Charges

What is Embezzlement?

Embezzlement charges can have serious ramifications on your career prospects and opportunities for the rest of your life. While an embezzlement charge is considered a “white collar” crime, a conviction will cause you to have a criminal record.

man removing a folder, example of embezzlement

For this reason, it is important that you take every action that you can to defend yourself against embezzlement charges. Most important will be having an experienced criminal defense attorney like Dewey Brinkley representing you. Here are some things to know if you need a defense against embezzlement charges.

Embezzlement is when someone steals money from a person or business. This includes business owners stealing from their business or a home health aide that takes money from a client’s bank account to use for their own personal use.

Embezzlement can occur in many different scenarios. If you take money slowly from a business in small amounts and stash it away, it’s embezzlement. It is also considered embezzlement if large amounts are stolen.

There is typically not a violent component to an embezzlement charge. Regardless,  in North Carolina, embezzlement crimes are always considered felonies.

Complicit With Embezzlement

In some cases, you may not have been the person to actually steal the money. If you altered your company’s revenue reports to hide the embezzlement or could have stopped it but didn’t, you could be held liable. Since business owners, managers, financial advisors, and c-level executives are legally required to create honest reports, they could also be held liable for embezzlement.

Types of Defenses Against Embezzlement Charges

There are 5 common defenses that your criminal defense lawyer might utilize to ensure that you have a strong chance of winning.

Reporting Suspected Embezzlement

If you reported the suspected embezzlement within your company to the police and relevant authorities, this can be used as evidence to support the fact that you didn’t have anything to do with the criminal activities within your company. You merely noticed it.

If you reported your suspicions to someone else that’s higher up in the company, this could also be used to corroborate your story. Even if they didn’t take the necessary steps to notify the appropriate authorities, there is evidence that you tried to escalate your concerns.

You Already Own the Assets You Allegedly Stole

You can’t embezzle something that you already own. If you own the assets that you allegedly embezzled, you can’t be accused of stealing them. You can’t be held on charges for stealing your own property. You would need to be able to provide proof that you own the money or assets in question.

Insufficient Evidence

Embezzlement cases can be notoriously difficult to build. If the prosecutor lacks sufficient evidence, your criminal defense lawyer can cite the insufficient evidence as grounds for getting your case dismissed.

Duress

If you believe that you could be harmed unless you commit a crime, this means that you may be able to use duress as a defense strategy. For example if your supervisor threatens to fire you unless you help embezzle money or cover it up, your actions were made under duress.

Entrapment

For white-collar crimes, law enforcement may try to entrap you. In other words, they will try to get you to commit a crime that you may not otherwise commit. This can also be grounds for trying to get a case dismissed.

Consult a Criminal Justice Attorney in North Carolina

Fighting off an embezzlement charge requires a strong defense. If you or a loved one have been charged with embezzlement, contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form. You can discuss your case and decide on what to do next during your initial consultation. Dewey P. Brinkley has experience fighting white-collar charges.

Assault With A Deadly Weapon Penalties in the North Carolina Courts

Most assault cases are misdemeanors in North Carolina. Assault can be a serious charge by itself. Add in anything that can be considered a deadly weapon, and a misdemeanor charge escalates into a felony charge immediately, even if no one was hurt. The reasoning is that the involvement of a weapon greatly increases the chances that a victim will be seriously hurt or even killed.

There are multiple levels of “assault” in North Carolina, both misdemeanor and felony. If you’ve been arrested and charged with assault with a deadly weapon, these are felony charges with serious consequences.

The Charge

There are three ways that someone can be charged with Assault With A Deadly Weapon in North Carolina:

  • Assault With A Deadly Weapon Penalties in the North Carolina CourtsWith the intent to kill, in which serious injury is inflicted, a Class C felony
  • With intent to kill but no serious injury is inflicted, Class E felony
  • Inflicting serious injury, a Class E felony

Intent to kill is established by the actions and words of the assailant that he or she clearly meant to kill the victim, even if they did not.

A “serious injury” is one that:

  • Permanent and serious disfigurement
  • Long-term/permanent pain
  • Long-term/permanent impairment
  • Loss of function of a body part or organ
  • Long-term hospitalization
  • Comatose condition or significant risk of death

One particularly important point is whether the alleged victim actually suffered injuries that could be considered serious. A defense attorney will seek to prove that the other party did not suffer major injuries or any injuries at all.

What Is A “Deadly Weapon?”

As you might imagine, guns, knives, blunt objects, and other items are considered deadly weapons, but the statute doesn’t have a strict definition. So everyday objects used in a deadly weapon case that results in someone’s death will fit that definition.

This means that picking up anything that’s handy and using it as a weapon will still be considered as a “deadly weapon,” even if it isn’t a firearm. If during an assault, for instance, a person picks up a cast-iron pan, a baseball bat, a fireplace poker, or a hand-sized object made of glass or marble to strike someone, the object becomes a deadly weapon. No matter what the object, its weight, size, and/or shape can cause serious injury or even death if used against someone the right way.

Sentencing And Penalties

A sentence will depend on the class with which the person was charged.

  • Class C felony for Intent To Kill with serious injury: between 44 and 231 months, or 3.6 years to 19.25 years.
  • Class E felony for inflicting serious injury or intent to kill without injury: between 15 and 88 months, or 1.25 years to 7.3 years. However, prior convictions can increase the sentence as high as 182 months or 15.2 years.

Additionally, there are fines, court costs, restitution to the victim, probation, and other miscellaneous penalties. You may also be sued in civil court for financial damages as a personal injury or other types of case.

Criminal Defense Attorney Dewey P. Brinkley In Raleigh

Assault with a deadly weapon is a serious crime that can include a long-term jail sentence. If you’ve been accused of this crime, it’s important to find someone to defend you in court who has your best interests in mind. Your future, your life, and your rights are on the line, so it’s important to begin working with a criminal defense attorney who will work for you.

Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh, NC with a proven track record of defending clients against criminal charges. If you’ve been charged with assault with a deadly weapon, contact him immediately to begin building your defense.

Call Dewey P. Brinkley today for a free initial consultation to discuss your case at (919) 832-0307. You can also email us by using  our online contact form.

How Are Crimes Categorized In North Carolina?

Crimes in North Carolina have two general categories: felonies and misdemeanors. They are divided further into sub-categories based on the seriousness of the crime.

Each division has its own sentencing guidelines, which are ordered at the judge’s discretion. Some crimes may be given the state’s minimum sentencing, while others may be given at the maximum sentencing. The judge can add to or subtract from the specified sentence as well as specify what type of sentence the defendant will serve.

Misdemeanors

From simple affray to possession of very small amounts of marijuana, a misdemeanor is a “minor” crime that frequently requires a court appearance in front of a jury. It may or may not include jail time. Punishments are either active, intermediate, or community, and are up to the judge to decide.

How Are Crimes Categorized In North Carolina?These misdemeanor categories are:

  • Class 3, the least serious of offenses, such as shoplifting. This can include a sentence of 1 to 20 days of active, intermediate, or community punishment
  • Class 2, the next serious offense, such as carrying a firearm without a permit. This can include a sentence of 1 to 60 days of active, intermediate, or community punishment
  • Class 1, such as prostitution. This can include a sentence of 1 to 120 days of active, intermediate, or community punishment
  • Class A1, the highest level of misdemeanor, such as assault that inflicts serious injury. This can include a sentence of 1 to 150 days of active, intermediate, or community punishment

It’s important to note that although a misdemeanor is a “minor crime,” a conviction, even without jail time, can leave you with a criminal record and all that goes with it.

Prior Misdemeanor Convictions

These groupings are only for first offenses. The state also classifies conviction levels as follows:

  • Level I: no prior convictions
  • Level II: one to four prior convictions
  • Level III: five or more prior convictions

The court takes these levels into consideration when determining the sentence.

Felonies

These are more serious crimes and are given much harsher penalties and sentences. From the highest to lowest, these are North Carolina’s classifications for felonies:

  • Class A—death penalty or life with or without parole (for the most serious, such as murder)
  • Class B1—144 months to life without parole
  • Class B2—94 to 393 months
  • Class C—44 to 182 months
  • Class D—38 to 160 months
  • Class E—15 to 63 months
  • Class F—10 to 41 months
  • Class G—8 to 31 months
  • Class H—4 to 25 months
  • Class I—3 to 12 months

These classifications are only for an individual’s first offense.

Prior Felony Convictions

Similar to prior misdemeanor convictions, North Carolina takes prior convictions into consideration.

North Carolina’s state statute assigns points to each prior conviction:

  • Class A felony conviction: 10 points per conviction
  • Class BI felony conviction: 9 points per conviction
  • Class B2, C, or D felony conviction: 6 points per conviction
  • Class E, F, or G felony conviction: 4 points per conviction
  • Class H or I felony conviction: 2 points per conviction
  • Previous misdemeanor conviction: 1 point per conviction

Points are added and a level is assigned based on the total number of points:

  • Level I—0 to 1 point
  • Level II—2 to 5 points
  • Level III—6 to 9 points
  • Level IV—10 to 13 points
  • Level V—14 to 17 points
  • Level VI—18 or more points

The court then uses this number to determine the dispositional range for sentencing, as well as any aggravating or mitigating factors.

Fines

In addition to prison time, a judge can impose a fine, depending on the crime and the severity. For instance, someone who is sentenced only to community service can be also subject to paying a fine (N.C. Gen. Stat. § 15A-1340.23 (2019))

Your Criminal Defense Counsel In Raleigh

Even as a misdemeanor, any type of conviction can have long-ranging consequences that impact your life, including a criminal record. Don’t ignore any criminal charges, no matter how minor. They can cost you considerably later on, and impact your life for years to come.

If you’ve been arrested and are facing any kind of criminal charges, call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your case at (919) 832-0307. You can also email us by using our online contact form.

Can You Be Sued For Breaking and Entering in North Carolina?

Breaking and entering cases are generally considered to be a criminal act  for which you can be arrested. But if you do damage to someone’s property in the process of breaking and entering, can you can also be sued in civil court?

Civil Vs. Criminal

Can You Be Sued For Breaking and Entering in North Carolina?Criminal charges are either a misdemeanor or a felony, depending on the intent. If someone just breaks into a home, it’s usually a misdemeanor.

Add larceny (theft) or another crime, such as the intent to terrorize someone, breaking into a house of worship, or breaking into a motor vehicle, and the charges become a felony. In either case, these criminal charges can trigger an arrest.

If an arrested individual causes a significant amount of damages, an affected person can choose to file a civil lawsuit to recover money for damages committed during the criminal activity.

Civil Damages

An individual who is the recipient of a breaking and entering attempt will frequently suffer damages as a result of the crime, such as:

  • Damage to a home, apartment or other dwellings
  • Damage to a vehicle, such as broken glass, broken doors, etc.
  • Property damage inside of the home or business, such as furniture, fixtures, plumbing, structural fixtures (such as damage to walls) or other private property

Much like a personal injury case, the plaintiff can also sue for compensatory damages for the costs of repair and/or replacement, as well as legal costs, medical costs, loss of wages, and other associated expenses. Punitive damages are also a possibility, as well as things like pain and suffering.

Statute Of Limitations

Someone who has suffered damages from an individual breaking and entering has three years from the date of the break-in to file a lawsuit for monetary compensation. North Carolina General Statutes section 1-52 details the conditions, including 5: For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated.

A civil suit for these damages is separate from a criminal case, tried in a different court. Even if an individual is incarcerated for breaking and entering, he or she can still be sued in civil court and served with a summons. The rules are the same for timeliness and jurisdiction whether or not the person is in prison, and it does not stop the civil process.

However, a person who intends to sue someone who committed breaking and entering should consult with an attorney before proceeding, especially if the damages are significant.

Defend Yourself Against Breaking & Entering

Being charged with breaking and entering doesn’t always follow with a conviction. With the right criminal defense, you could see your charges reduced, or even dropped.

Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh, NC. Before working as a defense attorney, he was a Wake County Assistant District Attorney. He understands the criminal justice system and can represent you for a wide range of criminal charges.

Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your criminal defense case at (919) 832-0307. You can also use our online contact form.

 

 

Having Your Criminal Record Expunged In Raleigh.

A long-ago arrest and charge may be preventing you from getting employment, from obtaining housing (or evicted from public housing), and even student aid. Although most employers may go back seven years, there is no law prohibiting anyone from doing a complete criminal background check going back many more years.

Many people believe that after a certain point, a dismissal or a charge that didn’t lead to a conviction will simply “fall off” your record. This may be true of items on a credit record, but a criminal record is an entirely different matter. Unless you specifically petition the court to have something expuncted (also called “expunged”), that charge, arrest, or minor conviction will stay on your record forever.

It is possible to have a previous North Carolina criminal record expuncted. If you are successful, you can answer the question of a criminal record with a confident “no.”

What Is Expunction?

Having Your Criminal Record Expunged In Raleigh.It’s the process by which you request that the court eradicate a past charge, arrest, and in some cases, convictions. The request is made to a judge in the court where the arrest occurred, who reviews your records and makes the determination. If approved, the criminal record is destroyed by court order.

Note that this isn’t the same thing as a pardon, which is an order signed by the governor. An expunction is signed by a judge.

The UNC School of Government has a web-based tool called C-CAT that offers information on criminal convictions, and an additional site that includes information on expunction. They are for information only and do not offer legal advice.

What Charges Can Be Eliminated

Not all charges can be expuncted, and there are waiting periods for some convictions. Generally, you can request an expunction for:

  • A first-time conviction of a nonviolent offense
  • A first-time conviction of certain offenses committed before age 18/22
  • A charge that was dismissed or ruled as not guilty

It’s estimated that around 25% of North Carolina residents have some kind of criminal record, and many are eligible to take advantage of expunction. Even though the strict criteria limits the number of eligible cases, very few eligible people actually avail themselves to the expanded opportunities for expunction. It’s worth it to discuss the possibility with a Raleigh criminal defense attorney who understands the rules and laws around expunction.

Under North Carolina state law, (§15A-145.5(a)(8a)). DWI convictions are specifically excluded from expunction (as well as felony convictions that include violence.) DWI convictions can no longer be expuncted, no matter how old they are. Violent crimes as well as other more serious crimes are also ineligible for expunction.

The complete statute for North Carolina §15A-145 regarding expunction is available here.

Reduced Waiting Periods

The recent changes in the law mean that:

  • For a nonviolent misdemeanor, the waiting period is now five years
  • For a nonviolent felony, the waiting period is now ten years
  • Dismissals can be expuncted immediately since there is no time or number limit on them. Any number of dismissals can be expuncted. However, the North Carolina Bureau of Investigation is currently experiencing a backlog of cases since the law was passed.
  • These dismissals can be expuncted as long as the individual has not been convicted of a felony.

Some types of charges have filing fees involved, so check with the clerk of court prior to filing.

While it may be possible to request to have a criminal record expunged on your own, consult with an attorney who understands the process and can discuss your case and your chances of a successful outcome.

Ready To Let Go Of A Previous Charge?

Don’t let a previous arrest, charge or conviction stop you from living your life. Find out if you are eligible for expunction so you can finally be free of the past.

Dewey P. Brinkley has defended thousands of clients against various criminal charges and helped many with the expunction of a long-ago minor criminal record.  Contact our Raleigh law office today at (919) 832-0307 (or use our online contact form) for a free consultation.

Is It A Crime Or A Delinquency?

If you or someone you know has a child who’s involved in wrongdoing and is going through the criminal justice system, you may not understand the different proceedings and penalties. In this article, we’ll discuss the basic difference between a crime and delinquency as it relates to underage offenders.

Two Systems

Is It A Crime Or A Delinquency?

There are two different court systems for offenders in North Carolina: juvenile court & criminal justice and the adult criminal court system.

A “juvenile” in North Carolina is defined as someone under the age of 16. Juveniles are usually sent to the juvenile justice system for misdemeanor offenses (shoplifting, vandalism, underage drinking, etc.). If a juvenile is charged with a felony, even as young as 13, they will bypass juvenile court and be tried in the adult court system.

There are two definitions of a juvenile: a “delinquent,” who has actually committed a crime, and an “undisciplined” juvenile, who is out of the control of parents or guardians, has run away from home, skips school and commits other infractions.

A delinquency is a wrongful act committed by a juvenile, whereas a “crime” is generally attributed to an adult, over the age of 16. But there are differences based on the severity of the crime committed.

The Juvenile Court

The goal of juvenile court is rehabilitation rather than incarceration. Juveniles are punished for their offenses but given the chance for a clean slate after they turn 18 through rehabilitation and alternative sentences such as probation, time in a youth development center, or prohibited from operating a motor vehicle. Many offenses can be expunged at that time and court records sealed.

Juveniles In Adult Court

Sometimes juveniles commit more serious crimes that send them into the adult system before the age of 18. Since North Carolina considers anyone over 15 to be an “adult” for these purposes, it is at that point the “delinquency” becomes a “crime,” particularly if it’s a serious one (including felonies such as murder.) “Adults” of all ages are held responsible for their actions, arrested, charged with a crime, sent to trial, and if found guilty, incarcerated.

Some of the more common crimes committed by “delinquent” juveniles include:

Crimes like these and other felonies will send a juvenile into the adult system where they will be tried as an adult, and if convicted, sent to prison. The juvenile has the right to legal counsel, but no longer has the right to privacy, and the case will be made public as if he or she were over 21.

Juvenile Criminal Defense in Raleigh

If your child is charged with a juvenile or adult offense, Dewey P. Brinkley is an experienced criminal defense attorney who can guide you and your child through the court process, defend your child against charges and work for a more reasonable sentence. Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your child’s case at (919) 832-0307.

 

Raleigh Defense Lawyer – Difference Between a Misdemeanor and a Felony (Video)

This is Part 3 of our weekly North Carolina Criminal Defense video blog: “Difference Between a Misdemeanor and a Felony

Transcript:

Generally a felony was called a felony because it’s punishable by more than a year in prison. That was the general subdividing of misdemeanors and felonies. If the offense carried a year in prison, essentially then it was considered a felony.