Tag Archives: Criminal defense attorney

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.

Extortion And Bribery In North Carolina?

They’re words that some people use interchangeably, but don’t mean the same thing. Both are considered “white-collar” crimes and usually involve money. There are some similarities, but the elements are different.

On a basic level, both extortion and bribery involve the exchange of property in return for something else. Here, we’ll discuss the difference.

Extortion

Extortion And Bribery In North CarolinaThis generally involves an individual demanding payment or other compensation in exchange for doing or not doing something. This felony is covered by North Carolina (G.S. 14-118.4), which reads:

Any person who threatens or communicates a threat or threat to another with the intention thereby wrongfully to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and such person shall be punished as a Class F felon.

This can take the form of someone who threatens to publish embarrassing information about an individual if the victim doesn’t pay or a person who threatens to do harm to a business unless the business owner pays the demander a sum of money. Celebrities are frequent targets of such activity, but anyone can be in the same situation.

Extortion occurs when an individual communicates a threat or outright threatens another person with a “wrongful intent” to acquire:

  • Something of value
  • Confirmation of the settlement of a debt or a fine
  • Immunity
  • Any type of advantage

The courts interpret the “wrongful intent” as the acquisition of the property, and not the threat. Because extortion is a Class F felony, a conviction can bring anywhere from 10 to 41 months of incarceration, depending on any prior convictions.

Although blackmail is frequently combined with extortion, North Carolina treats it as a separate charge under NC General Statutes 14-118 and is a Class 1 misdemeanor.

Bribery

Different than extortion, bribery frequently involves government employees or officials, and involves the exchange for a sum of money or something else of value, usually influence or other favorable treatment, such as the awarding of government contracts. Bribery can also involve private citizens or corporate entities that pay another person or entity for something of value. These arrangements frequently have no paper trail, so it’s up to the prosecutor to prove that bribery took place.

Conversely, a public official can also be guilty of bribery if they solicited and initiated the activity. Bribes can be monetary, or anything of value, such as any type of goods, property, favors, or services.

The act of bribery does not have to involve the possibility of harming the public interest in order to be illegal. NC Gen Stat § 14-218 (2019) states that individuals convicted of bribery will be punished as a Class F felon, which can include jail time from 10 to 41 months depending on any prior convictions. This applies whether an individual offers a bribe and is accepted or not, or attempting to bribe a juror.

Dewey P. Brinkley Is Ready To Defend You

Although extortion and bribery are similar, they are two separate charges with different meanings. Accusations of either or both charges can be devastating. A conviction can lead to serious, long-term consequences.

Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh, NC who understands the criminal justice system, and how to defend you against both of these charges.

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

What’s The Difference Between Specific Intent Crimes And General Intent Crimes In Raleigh, NC?

If you’ve been charged with a crime in Raleigh, prosecutors may make a distinction: specific intent or general intent. Although committing a crime such as theft is a crime no matter what, the two categories of theft are important to delineate the severity of the crime that’s been committed. The main difference is what you were planning to do, which can directly influence the outcome of your case.

General Intent

What's The Difference Between Specific Intent And General Intent Crimes In Raleigh, NC?

This is a crime that is committed for no other purpose than doing it. There is no intent for a specific outcome.

The term “general intent” only refers to the person’s state of mind when committing the crime requiring only the willingness to break the law. It also includes someone who commits a crime and is unaware that it is illegal.

Battery is one example of a “general intent” crime. Defined as “the intentional and harmful physical contact of another person,” the very essence of committing battery is simply to do it without any other intent. If one individual punches another, the intent is established, and the prosecution will only need to show that the assailant intended to commit battery. There is no need to prove that the assailant injured the victim, since the law assumes that the victim was injured.

Specific Intent

As the name implies, the crime is committed with a specific purpose. There is not only a desire to commit the crime, but also the desire for a specific outcome. This requires the prosecution to prove that a defendant acted with a motive in mind when committing this action.

Using our battery example, an assailant who commits battery on another for the sole and intended purpose of causing an injury (such as a broken nose or a black eye to the victim) has committed a specific intent crime. The prosecution must then go the extra step of proving that a defendant had a motive for committing the crime.

Crimes that are considered “specific intent” include:

  • Theft
  • Larceny
  • Embezzlement
  • Forgery
  • Child molestation
  • “Inchoate” offenses or crimes, such as conspiracy, attempt and solicitation (taking steps to and preparing to commit a crime)
  • Murder

Another example is auto theft. If an individual takes someone else’s car for the purpose of borrowing it or just to play a prank on the owner, it can be argued that there was no crime committed if there was never an intent to keep the car. However, if a vehicle is stolen by one individual to deprive the owner of their vehicle permanently, the crime is now considered “specific.”

A Defendant’s Mental State

There are two parts to most crimes: the “actus reus,” or the act of the crime, and the “mens rea,” the mental element or motive of the crime.

In the process of a trial, a prosecutor may be required to demonstrate the defendant’s mens rea, or the motive for committing the crime. The difference between a general and specific intent is whether the defendant committeed the actus reus and intended to achieve a specific outcome. Proving that a crime is general intent won’t require the prosecutor to show that the defendant had any specific outcome in mind, whereas a specific crime will.

Defense For Specific And General Intent Charges

There is a wide gap between general and specific intent charges, that makes a big difference when it comes to your defense. If you unintentionally committed a crime without a specific intent in mind, you could be found not guilty. But you’ll need a strong defense in order to achieve it.

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 dewey@deweypbrinkleylaw.com, or use our online contact form.

 

How Embezzlement and Theft are Different?

You might be thinking that embezzlement and theft are one and the same, but they aren’t. While theft is stealing something that doesn’t belong to you, embezzlement is also more of a planned type of theft, and has the added element of violated trust.

What Is Embezzlement?

In an employment or other position of financial responsibility, you may be entrusted with money or property, and have permission to handle them in the course of your job or other position. Misusing your position of trust to steal or misappropriate money or property and convert it to your own elevates theft and embezzlement.

The crime occurs in a number of familiar settings, with the most common scenario a worker stealing money, inventory, or office supplies from their employer. While you may not be arrested for the odd ballpoint you forgot that put in your pocket and take home, embezzlement can also take the form of:

How Does Embezzlement Differ From Theft?

  • Altering employee time records
  • Adding extra to a company expense account
  • Depositing customer or vendor checks into a personal account, or moving money into one
  • Altering company books to conceal stolen, misappropriated, or loss amounts
  • “Borrowing” money from a company cash register
  • Over-charging for a product and keeping the difference
  • Adding a phony employee to the company payroll
  • Accepting kickbacks and bribes

Additionally, money or property that is entrusted to you and is mishandled is considered embezzlement, including:

  • Improperly using someone else’s Social Security money, i.e., relative or child
  • Creating a credit card or check “kiting” scheme (writing bad checks and “floating” them)
  • Using a Ponzi scheme to steal funds
  • Using a client’s settlement amount to pay for operating expenses
  • “Borrowing” funds from a civic organization, nonprofit or other organization
  • Selling a property and keeping the proceeds without notifying heirs

Although embezzlement is usually handled at the state level, should a government employee is involved, or government funds, the federal government will be involved.

Overtime As Embezzlement

Many people are dedicated to their job, and work longer hours. For some, it may be a requirement. But for others, working overtime may constitute embezzlement under certain circumstances.

Of course, if you’re working the overtime to bring in extra money, and not setting off any alarms, there isn’t much cause for concern. However, other indicators in addition to overtime may raise suspicions of possible embezzlement. This would include issues with company financial accounts, including accounts that are missing or disorganized records that make account audits difficult if not impossible.

For an individual who spends a lot of time at the office, including weekends and holidays, and uses company resources may be doing so for their own benefit (i.e., running a business or other money-making plan.) If the individual charges the company for “overtime,” the individual is defrauding the company out of money and work he or she allegedly completed.

Another method is when an individual claims to work overtime, but doesn’t appear anywhere on security footage at the time he or she claims to have worked.

This is not to say that everyone working overtime is suspect. If a company suspects fraud through overtime, it will look for other signs of possible misconduct that indicate embezzlement.

Penalties For Embezzlement in North Carolina

These depend on who committed the embezzlement and how much the individual embezzled.

  • Officers or agents, clerks, or employees at a corporation who embezzle over $100,000 are charged with a Class C felony, with a possible jail sentence of 58-73 months in prison. Anything under $100,000 is considered a Class H felony with a possible jail sentence of 5 to 6 months in prison and “community punishment.”
  • Treasurers of any charitable organizations who embezzle over $100,000 are charged with a Class C felony, with a possible sentence of 58-73 months in prison. Anything under $100,000 is considered a Class H felony with a possible jail sentence of 5 to 6 months in prison and “community punishment.”
  • Railroad officers embezzling over $100,000 are charged with a Class C felony, with a possible sentence of 58-73 months in prison. Anything under $100,000 is considered a Class F felony with a possible jail sentence of 13 to 16 months in prison.
  • Public officials and public employees, including state and government workers embezzling over $100,000 are charged with a Class C felony, with a possible sentence of 58-73 months in prison. Anything under $100,000 is considered a Class F felony with a possible jail sentence of 13 to 16 months in prison.

In addition to criminal court charges, the company or individual from whom the money or property was embezzled can also sue you in civil court. The individual or company can treat you like a debtor once they get a judgment. They can garnish your wages, put a lien on your house (or force you to sell it) and levy your bank accounts.

Dewey P. Brinkley Is Ready To Defend You

Embezzlement is a serious crime with far-reaching consequences. If you’ve been accused of or charged with embezzlement, you need someone to defend you against the charges and in court—quickly.

Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh, NC who understands the criminal justice system, and how to defend you against embezzlement charges.

Call Dewey P. Brinkley today for a free initial consultation to discuss your case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.

 

Raleigh Defense Lawyer Answers – How to Choose a Great Attorney? (Video)

This is Part 34 of our weekly North Carolina Criminal Defense video blog: “How to Choose a Great Attorney?

Transcript:

I think the most important thing when you’re trying to decide who to hire as a criminal defense lawyer is their level of experience. How much experience do they have in the courtroom and how much experience do they have with the people in those courtrooms (the officers, the judges, the district attorney’s office)? There’s no substitute for experience in a criminal case.

I’ve tried over a 1,000 cases here in Wake County. I’ve worked as an assistant DA here in this county. And as a defense lawyer now for 11 years, I’ve been before the same judges, the same officers, deal with the same DAs on a day-to-day basis.

But it’s also listening to the client and trying to get to know the client as well as possible. Where that client is coming from. What their experience is. How they ended up in this situation. I think that’s one piece that I try to get to know my clients as much as I can.

I think the only thing else you can talk about is preparation. Do you have a lawyer who is going to spend the time preparing your case? I try to prepare my cases, meet with my clients, get to know those clients, know the law and the facts of the case, before we go to court. So that we can achieve the best outcome for that particular client.

Our offices are located right across the street from the Wake County Justice Center. We’re in close proximity to the courthouse, so I’m here most days working late, meeting with clients, and I’m very very convenient to the courthouse. I think the most important thing that you can do if you’re looking to hire a criminal lawyer is meet with that person and decide how comfortable you are with them. What we try to do at our firm is learn about our clients and spend the time and the preparation work knowing their case to try to achieve the best possible outcome for that particular client.

Raleigh Attorney Answers – How Can I Get My Suspended License Back? (Video)

This is Part 33 of our weekly North Carolina Criminal Defense video blog: “How Can I Get My Suspended License Back?

Transcript:

The first thing we try to do is look at your driving record and see if there’s any possible way that we can restore your driving privilege, get your license back. Is it because you failed to appear in court and missed a ticket? Is it just a matter of resolving that ticket? Are you revoked for some other reason? Was there a driving while impaired conviction, and you didn’t do your substance abuse treatment, or that form wasn’t sent into the DMV?

Driving while license revoked is one of the most prevalent crimes that we see in Wake County District Court. Lots of people do not know how they can get their privilege back. If they call me and they have their driving record, we can go through that and hopefully resolve the issue that’s causing that suspension.

How a Raleigh Drug Attorney Can Help Your Possession Case (Video)

This is Part 32 of our weekly North Carolina Criminal Defense video blog: “How a Raleigh Drug Attorney Can Help Your Possession Case

Transcript:

The big difference is between simply possessing a controlled substance and possessing it with the intent to sell it or deliver it, or were you actually caught selling it?

If it’s simply a possession crime, and you’re a user, and you haven’t been in trouble before, there are certain safeguards that are available to you in North Carolina that will allow you, if you’re successful, to potentially earn a dismissal and get the matter expunged from your record.

It’s different if you’re caught selling or possessing a substance with the intent to sell it. That’s when the stakes get much higher.

Raleigh Defense Lawyer – Prison Alternatives For NC Drug Cases (Video)

This is Part 31 of our weekly North Carolina Criminal Defense video blog: “Prison Alternatives For NC Drug Cases

Transcript:

Typically, if you’re charged with a drug crime, you’re not eligible for a conditional discharge or a felony diversion. You’re going to be tried on supervised probation before being sent to prison unless it’s a trafficking case. Trafficking is going to be based on weight. If you’ve got more than 10 pounds of marijuana, or four grams of heroin, or 28 grams or more of cocaine, those are all going to be trafficking level crimes. By statute, you do have to do prison time on those. The only exception to that is if you actually decide to become an informant, work with the police, or provide what we call substantial assistance, which can potentially have the court sentence you to probation rather than that mandatory active time.

Raleigh Defense Attorney Talks Drug Detox Programs as Part of an NC Sentence (Video)

This is Part 30 of our weekly North Carolina Criminal Defense video blog: “Drug Detox Programs as Part of an NC Sentence

Transcript:

Drug treatment court is a great program that we have here in Wake County. Basically, it involves the offender being on supervised probation, but it involves weekly meetings and counseling sessions. Part of the process is that if there are positive urine screens for drugs, that offender can spend the weekend in jail. They have their own sanctions. It’s a great program here in Wake County if you’re on probation.

Raleigh Defense Attorney – Benefits of a Wake County Native for Your Case (Video)

This is Part 29 of our weekly North Carolina Criminal Defense video blog: “Benefits of a Wake County Native for Your Case

Transcript:

I grew up in Wake County and went to Wake County Public Schools. My parents are from this area. I basically grew up here, went to school here, spent most of my adult life here, and I live here. I love this community. I’ve lived my entire life here and this is where I’ve decided to practice law exclusively here in Wake County.