Tag Archives: criminal defense attorney in north carolina

Is Open Carry Allowed in North Carolina?

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Gun ownership laws are not very restrictive in the state of North Carolina. It is considered an open carry state that is fairly permissive for gun ownership and open carry. It is your constitutional right to own and carry a gun within allowed places within the state, as long as you are 18 years old or older. However, it is still possible to face illegal carry charges.

Here are some things to know about open carry laws for firearms in the state of North Carolina, as well as some restrictions.

What is Open Carry?

Is Open Carry Allowed in North CarolinaOpen carry refers to carrying a fully or partially visible firearm. It is legal in North Carolina for adults that are 18 years old or older without a permit. Open carry is allowed in public spaces, including sidewalks and roads. However, you cannot open carry in schools or in certain government-owned spaces, such as the North Carolina State Capitol.

Open Carry vs. Concealed Carry

While open carry does not require a permit, concealed carry does require a permit. To get a concealed carry permit in North Carolina, you must be 21 years old or older and successfully complete a state-approved concealed carry training course. There are also a few restrictions on who cannot get a concealed carry permit, such as those that are convicted of violent crimes. For out-of-state visitors, North Carolina honors concealed carry permits from other states.

Open Carry in North Carolina Businesses

Open carry laws do not apply to private properties and businesses that do not allow firearms. If private business posts or states that firearms are not allowed, you are not permitted to bring a firearm into the property. (This applies to concealed carry, too). Businesses and homeowners have a right to restrict firearms on their properties.

There are also some business-level distinctions when it comes to open carry versus concealed carry. According to the Giffords Law Center to Prevent Gun Violence, you cannot open carry at a parade, funeral procession, or protest. You also cannot open carry where alcohol can be purchased or consumed, or at an assembly where you’ve paid a fee. You can concealed carry with a legal permit in these instances, however.

There are some caveats to this law. The notice must be conspicuously placed or you must be otherwise notified if a private business does not allow firearms. It cannot apply retroactively, where you are later informed that firearms were not allowed in a place that you’ve already been.

Open Carry Laws in North Carolina Schools

It is against the law in North Carolina to open carry or concealed carry a firearm on any educational property, including public and private schools, colleges, and universities. This also covers extracurricular activities sponsored by an educational institution, even if the activity takes place off of school grounds. This means that if the school-sponsored activity takes place in a public space where firearms are normally allowed, you still cannot carry them at the event.

No Specific State-Level Legal Statutes

It is worth noting that there are not any specific state laws in North Carolina restricting open carry in hospitals, sports venues, casinos, or polling places. There might be other restrictions in place for these facilities, such as if polling takes place at a school. It is worth checking the policies of these facilities before visiting them to ensure that open carry is allowed.

Carrying to Create Public Terror

Even though you are allowed to open carry, you are not allowed to carry a firearm with the purpose to invoke terror. It is considered a common-law offense that’s a Class 1 misdemeanor if a person arms themself with a dangerous and unusual weapon for the purpose of terrifying others in public spaces.

Permit to Purchase a Firearm in North Carolina

Counties are responsible for processing applications for permits to purchase firearms. If you do not have a concealed carry permit, you need a permit to purchase a firearm before you are able to legally purchase one. In addition, there aren’t many restrictions on what kind of firearm you can buy or carry. There are no state-level restrictions on semi-automatic firearms. There are no capacity or caliber restrictions in place at the state level.

Consult a Criminal Defense Attorney in North Carolina

If you have been arrested for carrying illegally, contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form. There is no cost for the initial consultation. Dewey P. Brinkley has experience fighting wrongful charges.

When Accused, Don’t Talk to Police

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You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney and if you cannot afford one, one will be appointed for you. This well-known statement is the Miranda warning that people hear when they are being arrested.

Most people have only heard this line on TV or in movies. If law enforcement says this to you, take this very seriously. Anything you say really is going to be admitted into court.

What It Means

You are going to be questioned about your involvement in something. Whether or not you are arrested depends on what you do next.

When Accused, Don't Talk to PoliceOnce a law enforcement officer indicates that he or she would like to talk to you, be polite and respectful, then clearly state two things:

• I am now invoking my right to remain silent
• I want to speak to an attorney

It is imperative that you speak immediately to invoke your right to silence. You need to state that you are invoking your right to remain silent.  If you do not, it will be considered a waiver of your rights and the police will continue to question you and any more statements will become part of the case. Once you have stated you are remaining silent as is your right, at this point all questioning stops until you are allowed to confer with an attorney of your own choosing or one provided for you. If pressed to continue the conversation, clearly state that you do not want to speak to them and will refuse to answer any questions until you speak to an attorney. Be polite but clear, and do not continue speaking if they keep questioning.

If you are approached by a police officer. In North Carolina, you are not required to provide your name or produce any identification. The exception is if you are driving a motor vehicle. Then you are required to produce your driver’s license, registration, and insurance information upon request. For any other questioning, ask to speak to an attorney.

Why You Shouldn’t Speak to Police Right Away

Even if you are innocent, interactions with police should only occur after consulting with a qualified criminal defense attorney. Chances are that you don’t know what they have in mind. Even if you are driving, stop, once you give them your name and driver’s license, and basic information, you are not required to answer any questions. You should respectfully decline those questions without an attorney present.

No matter what the circumstances, police officers are trained in interrogations, and will say anything to get you to admit to anything, even if it isn’t necessarily the truth. They will also take seemingly innocent statements and turn them into something more insidious, leading to statements that indicate you are lying, or that you’re guilty of a crime when you aren’t. The American Civil Liberties Union (ACLU) offers these tips on what to do should you find yourself unexpectedly speaking with the police.

What If The Police “Just Want To Talk?”

If you receive a phone call from a police officer or a law enforcement agent that says, “we just want to talk to you,” this is not a casual conversation. This means they are about to file serious charges against someone, possibly you.

You may be a witness, but they believe you may be a suspect. You are under suspicion, or an arrest may be imminent. Immediately speak to a lawyer before speaking to the police.
Police are given wide latitude when it comes to investigations. This means that they could say anything, true or not, and frequently do. The purpose is not to get to the truth, but to gather evidence and deceive you into believing that they just want to have a conversation.

Should the police show up at your home without a warrant, do not open the door or let them in. Invoke that same right to remain silent. You do not have to offer identification, answer questions, or tell them who is inside. Without a warrant, you are not required to let them in without a warrant. But once you are outside, they may be able to legally search and arrest you.

Don’t fall into the trap of believing that contacting a lawyer for yourself will “make you look guilty.” You have the right to defend yourself and to protect your own rights. Even if you believe that you’re just answering questions, law enforcement is allowed to lie and tell half-truths in order to get you to talk to them, never disclosing the point of their investigation.

Before You Speak to Police, Speak With Raleigh’s Criminal Defense Attorney

You have the right to speak to an attorney before being questioned by police. 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 how to handle police questioning and interrogations.

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  using our online contact form.

How Are Crimes Categorized In North Carolina?

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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.