Category Archives: Misdemeanor

Can You Be Sued For Breaking And Entering A Home Or Business In North Carolina?

Breaking and entering 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?

Civil Vs. Criminal

Can You Be Sued For Breaking And Entering A Home Or Business 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 email us at, or use our online contact form.



Charged With Resisting Arrest During Protests In Raleigh?

Free speech is still an American right. Expressions of free speech are protected by the First Amendment, and gatherings of these types have increased in numbers since the death of George Floyd in May. While many demonstrators were peacefully protesting, others were not, leading to violence and destruction in Raleigh, Durham, Greensboro, Charlotte, and other cities around the Tar Heel State.

Police nationwide have arrested both peaceful protesters right alongside looters and violent mobs to prevent more vandalism and harm to residents. What do you do if you were in one of these protests and found yourself arrested?

The Right To Protest

Help When Charged With Resisting Arrest During Protests In RaleighProtesting comes under the First Amendment and “free speech.” This means that you have the right to express an opinion in public, anytime, anywhere, with some limitations. (Not all speech is “protected” by the First Amendment, such as inciting riots or “fighting words.”) Protests and demonstrations on private property, such as a place of business or employment, are not as protected.

However, protests that evolve into more than civil disobedience and involve illegal activity such as rioting, burning, looting, and other conduct that can cause injury or property damage can lead to arrest and other police intervention.

Large-scale demonstrations generally require permits to accommodate the additional police presence for the protection of attendees.

Resisting Arrest

North Carolina General Statutes, Article 30, Section § 14-223 states that:

“If any person shall willfully and unlawfully resist, delay or obstruct a public officer in discharging or attempting to discharge a duty of his office, he shall be guilty of a Class 2 misdemeanor.”

In addition to resisting arrest when you’re told, it also means interfering with any police officer who is doing his or her job. This includes the act of interfering when an officer is arresting someone else. Additional causes include using abusive language towards law enforcement, giving false information such as name and address, refusing to accept a citation, and preventing an officer from doing his or her job, such as interfering with another arrest.

Not complying with a police request can also be considered “resisting arrest,” based on the officer’s judgment. Therefore, it’s important at such a public event to allow the police to do their job, and comply with their requests.

If you’re charged with a different offense, such as disorderly conduct, actively resisting arrest can bring a second charge, even if the first one for disorderly conduct is eventually dropped. If you’re innocent of the original charge, resisting arrest is a separate charge for which you will be tried.

Should you be part of an arrest during a protest that turns dangerous or violent, you have the right to the criminal defense attorney of your choice. A defense attorney can help you through the court process and work to have the charges reduced or even dropped.

Need Help With Resisting Arrest Charges? Contact Raleigh’s Criminal Defense Attorney

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 has experience with resisting arrest as both misdemeanor and felony 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 email us at, or use our online contact form.

Technology-Facilitated Cyberstalking Charges In Raleigh, NC

Our increasingly technical society has changed the way we do nearly everything. From banking to grocery shopping and even working, technology is a big part of everyday life—especially now, with Zoom conferences and online collaboration platforms like Slack and Asana. As we learn how to use each new app and tool and find ways to live and work better, others have discovered ways to misuse technology to their ill intent.

Cyberstalking Defined

Technology-facilitated stalking, commonly known as “cyberstalking,” is the act of stalking another individual with the addition of technology, including:

  • Smartphones and other mobile devices
  • GPS devices (for following individuals while driving)
  • Phone calls
  • Social media messages
  • Emails
  • Hacking into a victim’s online account, whether email, financial, or other accounts

Technology-Facilitated Stalking Defense Attorney In Raleigh, NCCyberstalking can also be from different individuals known to the victim, such as neighbors, friends of friends, relatives, or coworkers, or may even be strangers. Whatever the case, an individual who is a target of cyberstalking finds themselves experiencing a persisting and strategic campaign of different types of online abuse intended to harass, threaten, and humiliate an individual to control and intimidate a victim. Other forms of abuse include financial abuse and an attempt to isolate the victim from supportive family and friends.

A cyberstalker can be anyone from a casual acquaintance to someone well known, or someone you’ve never met. Many cases of stalking and cyberstalking are from former spouses, domestic partners, or significant others, like the recent case of Dr. Aime Hardwick in California. While Dr. Hardwick had previously obtained a restraining order against ex-boyfriend Gareth Pursehouse, it had expired just two weeks before her death. Pursehouse had repeatedly stalked Dr. Hardwick for over ten years, followed her around in public as well as online. Repeated attempts to stop his endless stalking and harassment failed.

North Carolina Laws On Cyberstalking

North Carolina considers stalking to be when an individual willfully harasses another on more than two occasions without any legal reason, and:

  • Causes the individual to fear for themselves, a family member, or another person they are close to (such as a spouse or partner)
  • Or causes extreme fear in a person for bodily injury, death, or persistent and recurrent harassment

North Carolina General Statute 14-196.3 states:

  • The use of email or other electronic communications (including social media) is deployed to threaten a person, a relative (spouse, children, etc.) to extort property and/or money
  • Using email or other electronic media to threaten, abuse, or otherwise harass an individual, even when there is no conversation
  • Emailing an individual or a family member with false statements regarding criminal or indecent conduct, injury, illness, disfigurement, or death with the intent to terrify, threaten, or otherwise abuse.
  • Knowingly placing an electronic tracking device under a victim’s control (such as on a car or in a woman’s purse) to monitor their locations (exceptions for law enforcement, fleet vehicles, and other legitimate purposes.) This can include an individual who intentionally allows a cyberstalker to use his or her device to harass another person, such as a smartphone or tablet.

Social media can include Facebook, Twitter, Instagram, and other platforms. North Carolina law does not require that the victim believe the threatening statements, or that the “reasonable person” would believe them.

Technology-related stalking, or cyberstalking, is a Class 2 misdemeanor. A conviction can bring 60 days in jail and a fine of up to $1,000.

If You Are Charged With Cyberstalking

Much will depend on the circumstances and facts surrounding the arrest. Should you find yourself charged with cyberstalking, there may be defenses available, even if you are technically “guilty.” The charges may be reduced to something less serious. A conviction will leave you with a criminal record and the consequences that come with it.

For a free consultation regarding your stalking or cyberstalking charges with the lawyers at the Law Office of Dewey P. Brinkley, call our Raleigh law office immediately at 919-832-0307 to make an appointment. We offer a free consultation to discuss your case and will begin building a strong and effective defense for you.

How Misdemeanor Charges Can Have A Major Impact On Your Life

Many people don’t think much of it if they find themselves charged with a misdemeanor crime. You may believe that a misdemeanor is on the same level as a parking ticket, but it isn’t. If you’ve been arrested for a misdemeanor, your life can still be severely impacted. Although it isn’t as serious as a felony, a misdemeanor is still a crime, and you should take it seriously.

Defining The Misdemeanor

How Misdemeanor Charges Can Have A Major Impact On Your LifeNorth Carolina divides misdemeanors into four categories: A1, 1, 2, and 3. These will depend on the seriousness of the offense you’re charged with, and can rage from simple marijuana possession to things like larceny (theft) and property damage.

  • Category 3 incurs a maximum fine of $200 and up to 20 days jail time
  • Category 2 incurs a maximum fine of $1,000 and up to 60 days jail time
  • Category 1 incurs a “discretionary” fine and up to 120 days jail time
  • Category A1 incurs a “discretionary” fine and up to 150 days jail time

Can you afford to go to jail for 1 to 20 days? Chances are your employer will terminate you, and you’ll have a much more difficult time finding another job after a conviction.

Of course, the outcome of your case will depend on a number of different factors, including your criminal record or lack thereof, the facts of the case, and any agreements you and your defense attorney reach with the district attorney’s office. Some charges, such as minor traffic infractions, will incur no jail time.

How A Misdemeanor Can Cause Problems Later

Conviction of a misdemeanor still means that you have a criminal conviction, and you when asked, you will have to disclose your criminal record, whether it’s a single conviction or more than one.

Misdemeanor charges stay on your record, and nearly always show up on a background check. No matter how old they are, an employer will eventually find out about it once they request it. This means that a criminal conviction will show up on background checks related to:

  • Job applications
  • License applications
  • Housing applications (such as apartment complexes and other rental properties)
  • Mortgage loan applications
  • Student financial aid applications

A misdemeanor may prevent you from applying for and being hired for certain types of jobs, and restrict where you can live.

There may be occasions where an old county-level conviction may not show up in another county, or on a state level. But you should never assume that it won’t show up on a background check, especially for an employer.

Even for the most minor infractions such as simple affray, you should retain defense counsel against a misdemeanor charge. If you are convicted of a misdemeanor, you will have a criminal record, no different than if you’d committed a more serious or violent felony. Like a felony, the misdemeanor will follow you around for the rest of your life.


Criminal convictions in North Carolina of any kind do not automatically disappear from your record, no matter how old they are.

Texas, California and several other states have a “seven-year rule,” meaning that any records that are more than 7 years old will not show up in a background check. However, North Carolina has no such rule, but you can request to have an old record cleared with an expungement.

If you were arrested and/or convicted of a misdemeanor many years ago and have not had any other charges since then, it is possible to have your case expunged, or removed, from your record. Even if you were arrested and charged but found not guilty, a record still exists of this action.

Once you apply for an expungement and the court grants it, you will no longer have a criminal record, and you can legally answer the question about your criminal record with a confident “no.”

The rules surrounding expungement are complex. That’s important to discuss a possible expungement of your misdemeanor case with a criminal defense attorney so you can start the process and get on with your life.

Let Dewey P. Brinkley Defend You Against A Misdemeanor

Dewey P. Brinkley is a former Wake County Assistant District Attorney who understands the law and the Raleigh court system. If you’re charged with a misdemeanor like simple assault or disorderly conduct, no matter how minor, he can defend you in criminal court and work for the best possible outcome. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation.


Exoneration Statistics To Consider

Being accused of a crime is difficult, but being convicted and jailed is an entirely different scenario. A false conviction can see an innocent person spend much of their life behind bars for a crime they did not commit.

Improvements in investigative tools such as forensic science and DNA testing have helped wrongly convicted people defend themselves in court and seek exoneration. For those wrongly jailed, many have been able to clear their names after a prison sentence. Many go so far as to plead guilty to a lesser sentence, knowing they were totally innocent.

Some of these individuals have been in jail for many years, without the means to prove that they were tried and convicted improperly. With the help of these improved tools and techniques, and nonprofit organizations like The Innocence Project, people wrongly convicted are now able to seek exoneration.

What Is Exoneration?

To be exonerated is to be cleared of an accusation, either through the presentation of evidence of innocence, a defect in a conviction, or other actions that completely clear an individual of the charges that have been levied.

For instance, if someone is charged in a robbery because of a garment they were wearing, submitting evidence of the person’s whereabouts without the incriminating garment shows that another individual wearing it committed the crime. The evidence of the accuse whereabouts will exonerate him or her of the charges, and will be dismissed.

How Does This Happen?

There are a number of reasons why someone could be wrongfully charged and convicted. The most common are:Exoneration Statistics To Consider

  • Witness identification of perpetrator
  • Zealous police and prosecutors
  • Police misconduct
  • False confessions
  • Perjury
  • Faulty forensic evidence and inadequate testing
  • Racial bias

These cases are being reviewed and reworked by some prosecutor’s offices with Conviction Integrity Units (CIUs), and others are assisted by nonprofit innocence organizations like The Innocence Project and the National Registry of Exonerations, whose work is to free wrongly convicted individuals.

Statistics on DNA Exoneration

Since the introduction of DNA testing for criminal cases in 1989, The National Registry of Exoneration estimates that more than 2,500 individuals have been freed, and more than 22,000 years of life were lost behind bars due to wrongful convictions.

The registry’s report on 2018 reveals the following:

  • CIUs were responsible for 58 exoneration
  • “Professional exonerator,” nongovernmental organizations such as the Innocence Project, were responsible for 86 exoneration
  • CIUs and organizations working together were able to exonerate 45 people in 2018
  • A total of 31 individuals were exonerated in Chicago on drug and weapons charges as a result of an investigation into corrupt police officers led by Sergeant Watts.
  • Illinois had the highest number of exoneration, at 46, due to the Sgt. Watts affair. Texas and New York are tied in second place at 16, Michigan in third place with 9 and California with 6.
  • The DNA exoneration in 2018 totaled 23, about 15% of the overall total, with 60% for murder cases, 7% for sex crimes, one case for attempted robbery, and one case for kidnapping and sexual assault
  • Seventy cases in 2018 were individuals who were wrongly incarcerated and no crime actually occurred. This included one murder case for which the defendant spent 25 years on death row for the murder and assault of a 21-month old girl. The injuries that indicated his guilt were actually unsuccessful medical procedures by emergency room physicians.
  • Texas had 363 exoneration in 2018, the highest rate in the US
  • The bulk of US exoneration in 2018 came from just four counties: Harris County (Texas), Cook County (Illinois) Kings (Brooklyn) and Dallas counties.
  • Nationwide, the city with the second most exoneration per capita from wrongful convictions is New Orleans, Louisiana.The state incarcerates at nearly twice the national average, with many incarcerated who haven’t even been convicted of a crime.

The Most Popular: Drug Charges

Exonerated prisoners are frequently the target of drug charges, particularly for African-American defendants, who are five times as likely to be imprisoned for drug possession as white defendants. Innocent African-Americans are 12 times as likely to be convicted of drug crimes as innocent whites, even though the rate of illegal drug use is about the same for both groups.

In Harris County, Texas, which includes the City of Houston, the crime labs take an extra step of testing drugs that are seized during arrest, even if the accused pleads guilty. In many cases, the substances are found not to be illegal drugs. As a result, 48 of Texas’ 58 exoneration in 2016 were in Harris County.

The CU for the DA’s office began calling for the backlog of drug cases to be cleared in 2014, which prompted crime lab testing of substances taken during the arrests. As a result of the testing, the first 48 defendants were exonerated, and 10 were exonerated in 2017.

Harris County’s African-American community makes up 20% of the population and account for 62% of the exoneration.

Defense or Exoneration? Contact Attorney Dewey P. Brinkley

Dewey P. Brinkley is a former Wake County Assistant District Attorney who can defend you or your loved one against wrongful criminal charges and work for exoneration. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation.

Is Entering An Unlocked Door Considered Breaking And Entering?

Most people think of “breaking and entering” as a broken window, a pried-open door, or the kicked-in door characteristic in home invasions. It’s literally using force to break into a home or place of business and called “breaking and entering” for a reason. Generally, you don’t have permission to be on the premises, and you’re there for the sole purpose of committing a crime. Since most people and businesses lock their doors, getting in takes some type of criminal action to overcome the locks.

But what if the door was unlocked?

The Definition Of Breaking & Entering

At one time, the term simply meant that—physically breaking into a home or business using force, even if no crime was committed.Is Entering An Unlocked Door Considered Breaking And Entering?

Today’s charges apply to any unlawful entry into a dwelling anytime, day or night, without permission, and with the intent to commit a crime. Like most states, North Carolina has expanded the definition of “breaking and entering” to include walking into a dwelling with the intent to commit a crime.

This means that even entering through an unlocked door or opening and crawling through a window that’s partially opened is a crime if the individual didn’t have permission to be there and was trespassing. Breaking and entering is also a separate charge from burglary, and you can be charged for it even if you committed no other crime.

North Carolina law includes “felonious breaking and entering,” in which an individual not only enters a building without permission, but has the intent to steal, or injure and/or intimidate an individual inside the dwelling.

  • Penalties are harsher for individuals who break and enter into a house of worship, i.e., a church, synagogue, mosque, or other worship center.

Charges Associated With Breaking & Entering

Different charges are applied depending on the intent.

For an individual who breaks into a building for shelter, but has no intent to commit theft, they will likely be charged with second-degree trespassing. If the individual has been warned to stay off the property, or enters a building that’s fenced in or otherwise closed, they will likely be charged with first-degree trespass, a more serious offense.

  • Trespassing on property belonging to a utility company if the trespass placed anyone at risk of being injured, or if they intended to disrupt operations (such as a power or water company)
  • Trespassing at the home of a former or estranged spouse or domestic partner is also punished more severely if the other party asked them to leave, especially if they are in a shelter for domestic violence

If the intent for theft can be proven, the individual can be charged with burglary even if he or she didn’t actually commit the crime.

If the dwelling is occupied at the time of the break and enter, the individual is charged with first-degree burglary. If the dwelling isn’t occupied at the time of the break and enter, the charge is second-degree burglary. (N.C. Gen. Stat. Ann. § 14-51.)

North Carolina also considers it a crime to break into a building, and open a safe, vault or “other secure place” using explosives, or break into a vehicle, including a car, boat, trailer, etc.

Defend Yourself Against Breaking & Entering

Being charged with breaking and entering doesn’t always follow with a conviction.

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 email us at, or use our online contact form.


What Does The Term “Simple Affray” Mean In Raleigh, NC Court Cases?

It was supposed to be a fun night out, but it ended badly.

Maybe you went to a concert, a bar, or somewhere else with a gathering of other people. Somehow, you found yourself in a fight situation. You may have been in the wrong place at the wrong time, or you ran into someone you knew. Maybe you or someone else had a little too much to drink and it went wrong while waiting for the Uber.

All you know is that at the end of the night, you were charged with something called “simple affray.”

What It Means

Simple affray is a term used to describe a fight situation—whether threatening to fight someone, or actually instigating violence and throwing punches, and creating a situation that can escalate into something bigger.

one man holding another back from in a bar during an example of a simple affray in Raleigh, NCIn North Carolina, simple affray means that you have committed three things:

  1. You’ve engaged in a fight with another person (this includes self-defense)
  2. This fight took place publicly, in a public place
  3. By engaging in this fight, you’ve caused terror to the public

You can also be charged with simple affray even if you didn’t throw a punch, and weren’t responsible for starting the fight. Inciting a fight (“egging them on”) can also lead to this charge, as well as leading members of the public to believe that they are in danger as a result.

Additionally, if you do throw a punch, even in self-defense, you can also be charged with simple assault.

The Charge

Simple affray in Raleigh, NC is considered a Class 2 Misdemeanor. It is, however, a criminal charge, not a civil one. Victims may have suffered minor injuries that don’t require medical attention.

This charge is designed to punish individuals for not only engaging in violence but also provoking others to do so. Police use this charge to keep the peace when there is the potential for a more dangerous situation, including rioting.

Defense Against Simple Affray

Locating witnesses who can corroborate your side of events as well as offer additional information on what led to the affray, is a good start to building your defense.

Because many venues and public areas now have video surveillance, sending a subpoena for that information is essential to supporting your defense and testimony. Other witnesses can also be identified from video, as well as other aspects of the incident that witnesses and participants may not be aware of already.

Finding strong defense counsel right away can help build your defense and uncover what really happened.


For a first offense Class 2 misdemeanor conviction, you can expect to spend from one to 30 days in jail. For subsequent convictions, the jail time can be as high as 60 days, along with fines of up to $1,000.

More severe assaults that lead to injuries are punished more harshly, including ones that involve weapons, domestic violence, serious injury or sexual battery. The state imposes harsher penalties when the assault involves:

  • Females, when the assailant is a male over 18
  • Sports officials—empires, coaches and referees at any organized sports event
  • State employees and officers, public transit operators, campus and/or private security officers, if the assault occurs while they are acting in their official capacity
  • School employees and volunteers (public, private or charter) who are on school property, in the middle of a school event, or are transporting students to or from school

Let Dewey P. Brinkley Defend You For Simple Affray

Dewey P. Brinkley is a former Wake County Assistant District Attorney. If you’re charged with simple affray, he can defend you in criminal court and work for the best possible outcome. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation.



What Constitutes Resisting Arrest In Raleigh, NC?

You’ve committed no crime, but you’re being arrested. Or you’re with someone who is being arrested, and you’re taken to jail along with them despite your innocence. You inform the officer that you’re innocent, but you’re taken to jail anyway. What now?

Whatever you do, don’t resist any arrest, even an unlawful arrest, or you’ll be charged with it.

What It Is

North Carolina considers nearly anything that causes a problem for an on-duty police officer to be part of North Carolina General Statutes, Article 30, Section § 14-223 that states:

What Constitutes Resisting Arrest In Raleigh, NC?“If any person shall willfully and unlawfully resist, delay or obstruct a public officer in discharging or attempting to discharge a duty of his office, he shall be guilty of a Class 2 misdemeanor.”

This means not only resisting your own arrest, but interfering with a police officer doing another arrest or otherwise doing his job.

The statute is intentionally broad as well as vague, covering a wide range of activity that interferes with a police officer doing his job. That also increases your chance of an arrest due to resisting, delaying or obstructing a police officer (RDO) by giving the officer flexibility in what he or she can arrest an individual for.

Types Of Resisting Arrest

Most people think of resisting arrest as the individual who, upon discovering he or she is targeted, runs from the police. Officers also have a certain leeway with using force, and will do so if they believe they are being threatened.

But other actions, like raising your arms in a defensive stance or instinctively moving out of the way can also be interpreted by the police officer as “physical resistance,” even if you meant no harm and were not fleeing.

Resistance can also take a non physical form. Actions such as:

  • Refusing to accept a ticket
  • Giving false information, such as name and address
  • Using abusive language
  • Otherwise slowing down an officer to prevent him from doing his job

Can also see you charged with “resisting arrest.”

Conviction For Resisting Arrest

If you are convicted of RDO, you’ll be facing:

  • Up to three months in jail
  • Fines of up to $1,000
  • A probation sentencing to include counseling and regular meetings
  • A community service requirement

Additionally, you’ll have a record of conviction that will stay on your record, and inhibit your ability to apply for jobs, professional licenses, college and student aid, and other things.

But What If I’m Innocent?

Even if you are innocent and can prove you’re a victim of wrongful arrest in court, it’s best not to resist because you’ll have an additional charge. This means that you may be acquitted of the first charge, but still convicted of the second. Avoid that second charge by not resisting arrest or interfering with a police officer.

Possible defenses against RDO include:

  • Self-defense against an officer who was using unreasonable force against you
  • An unlawful arrest, without probable cause or a warrant
  • Argue and prove that the charges are false
  • NC has no “stop and identify rule.” Unless you are operating a motor vehicle, you are not required to give the police any information, and can politely refuse the officer’s request

If you are charged with resisting arrest, an experienced criminal defense attorney can defend you in court to reduce or dismiss your charges.

Charged With Resisting Arrest? Contact Raleigh’s Criminal Defense Attorney

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 handle resisting arrest as well as other 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 email us at, or use our online contact form

Forgery In Raleigh, NC. What You Better Know

When most people hear the word “forgery,” they may think of famous works of art reproduced, and the fakes replaced or sold as the real thing. But forgery has a number of different meanings, all of which can mean jail time for the person caught.

Forgery involves creating an imitation of an object of value, including a document, a signature, or other item with the sole intent of committing some kind of fraud for gain. This can include things like driver’s licenses and ID cards, birth certificates and other official documents, prescriptions, as well as things like contracts. One of the most common forms of forgery is when someone signs another person’s name on a check or has a fake ID printed.

Forgery may also be part of identity theft, and may also be used to charge someone.

Is Forgery A Felony?

North Carolina considers nearly any form of forgery as a felony, since it’s a form of fraud, whether you created, altered or possessed something that was counterfeit under N.C. Gen. Stat. § §14-119-125.  Even if you are unsuccessful at defrauding someone with a type of forgery, but had the intent to do so, you can still be charged with a crime, most of which can result in fines and jail time.

“Uttering” a forged document means that you sold it, attempted to sell it, put it into circulation, or otherwise intend to pass it off as the genuine article with the intent to defraud another individual.

Class 1 Felony charges are for forged checks and other related financial instruments (such as corporate securities), as well as uttering a forged document, and will bring three to twelve months in prison for a first offense, plus fines. If you have more than five of these forged documents in your possession, that charge becomes a Class G felony, bringing ten to twenty-five months in prison, as well as possible fines.

Selling or transferring a forged item is a Class H felony, for money or exchanged for anything of value, and brings five to twenty months in prison, along with fines.

Forging or changing the content of wills, deeds and other similar documents is also Class H felony, bringing five to twenty months in prison, along with possible fines imposed by the court.

Forgery of transcripts from high schools, colleges and universities are Class 1 misdemeanors, since they don’t have a specific monetary value, or are less than $10,000. However, a conviction brings as much as 45 days in jail.

Note that there is no statute of limitations on forgery charges in North Carolina, so you will not be able to claim that as a defense.

Prescription Forgery

Forgery in Raleigh, NC. What you better know.Obtaining a prescription drug by forgery is also considered a drug charge, and includes:

  • Acquiring a controlled substance by forgery, fraud or other type of deception
  • An individual who obtains a controlled substance by representing themselves as a person who is licensed to prescribed, but isn’t
  • Stealing a prescription pad, or creating a forged prescription pad with a doctor’s DEA number for the purpose of fraudulently obtaining a controlled substance

Although prescription fraud/forgery may be a misdemeanor if a violation was committed mistakenly, most are committed intentionally and will be treated as felonies. Even if you are not the individual using the prescription, you may face harsh penalties for forging a prescription to obtain a controlled substance illegally.

N.C. Gen. Stat. § 90-108(a)(10) describes the prohibited acts and penalties for prescription forgery, as well as the penalties for Class 1 misdemeanors and Class 1 felonies.

Charged With Forgery?

A conviction on forgery charges can have long-term consequences that stay with you even with a fairly light penalty. If you find yourself under investigation or charged with forgery, it’s important to have a Raleigh, NC criminal defense attorney who can build your defense, represent you in court and make sure your rights are protected.

Dewey P. Brinkley is a former Wake County prosecutor who works to defend forgery in Raleigh, NC and other criminal cases. Contact our Raleigh law office today at (919) 832-0307 (or user our online contact form) for a free consultation. You can also email him at


Can A North Carolina Assault Ever Be Accidental?

Many people use the term “assault and battery” to describe criminal acts. Although North Carolina combines the two, each term has distinctive meanings, while some states separate them.

North Carolina assault between two menAn assault in North Carolina is classified as giving another party (the “aggrieved” party) the fear of bodily harm, including the possibility of death. Acting in a potentially threatening manner or communicating threats of harm without touching another person is classified as “assault.

Battery” includes the actual contact and unwanted touching of a person without their consent. It is frequently combined with assault, but is a charge on its own.

Assault can be either a misdemeanor class or higher, depending on the severity of the assault. North Carolina assault charges have several classes, from simple to the felonious “assault with a deadly weapon.” The statute for the various degrees of assault is detailed in N.C. Gen. Stat. Ann. § 14-33.

The Components of Assault

In order for an “assault” to occur, several components must be present:

  • One person threatens to or actually does harm another individual.
  • The other person had reason to believe he or she was actually in danger of being harmed
  • The intended harm was immediate and imminent
  • The assailant’s behavior was “offensive behavior” or communicated a physical threat, such as raising a fist to a potential victim’s jaw, indicating a potential punch

All of these elements must be in place to indicate assault, but it can be difficult to prove actual intent, as well as harmful and/or offensive. This is especially true when phrases like “I’m going to beat you senseless” are used casually, and refer to a sporting activity rather than to indicate the imminent intent of harm.

Defenses Against Assault

It is possible to raise a defense against assault charges. Potential defenses against North Carolina assault charges include:

  •  Self-defense—instead of the aggressor, you were the victim, and needed to use reasonable force to defend yourself or another person from the attacker. You must show that the other party acted first, and that you used reasonable force for the situation with which you were faced.
  • Consent—you and the other individual agreed to engage in a fight or other activity that led to injuries consistent with an assault.
  • Alibi—the prosecution charged the wrong individual, and you can prove your whereabouts at the time of the incident with one or more witnesses.

Can It Be Accidental?

Since assault is the act of someone intending to create a state of fear in another individual, but not necessarily making contact, the answer is probably “no.” An accident is just that, an accident, done without intent, and not intended to give the other individual fear of being attacked or harmed in any way.

However, every accusation of assault is different. Consult with an experienced Raleigh criminal defense attorney to discuss your case and build a strong defense if you are required to attend a trial.

Fight Assault Charges

Dewey P. Brinkley is an experienced Raleigh criminal defense attorney. As a former Wake County Assistant District Attorney, he understands the North Carolina criminal justice system. He has the experience to defend you in court against assault, whether a misdemeanor or felony 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 at, or use our online contact form.