Tag Archives: raleigh criminal defense lawyer

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.

 

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.

Consequences

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.

 

 

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

 

When Free Speech Becomes Criminal – Protests vs. Riots

The cornerstones of freedom and liberty in America has foundations in the First Amendment, and in both the North Carolina Constitution and the First Amendment to the U.S. Constitution, you are giving the right to free expression and speech. However, like the yelling “fire” in a crowded theater example, or participating in violent actions during a riot, there are certain limitations to free speech that could turn into criminal matters.

Raleigh Criminal Attorney Dewey Brinkley | Protests vs. Riots

Free speech laws are complex, and with a continuously changing legal landscape regarding free speech in North Carolina, your rightful protests could turn into a criminal matter. If you were arrested in Raleigh or Wake County for protesting, make sure to call the leading criminal defense attorney in the Raleigh and Triangle Area: Dewey P. Brinkley.

Don’t hesitate, and the moment you’re arrested or facing charges, call the Law Office of Dewey P. Brinkley in Raleigh today at (919) 832-0307.

Elements of Free Speech to Remember

There are three things that you need to remember when it comes to free speech laws and rights in North Carolina:

  1. It’s not about what you say, it’s how you say it. No matter your beliefs, you have the right to express your opinions. However, it’s how you use that right that matters in courts. For instance, if you organize a protest that causes serious disruption, then the police may be able to intervene and you may be held criminally liable.
  2. Free speech is for everyone. It doesn’t matter who you are, whether you’re old or young, Christian or Muslim, a U.S. citizen or not, you right to free speech is protected.
  3. Always consider the when, where, and how when using your right to free speech. For instance, if you organize a protest that turns violent or causes disruption, your event could be canceled. Make sure you know the municipalities regulations and observe the ones related to time, place, and the manner in which you exercise your rights.

Protest vs. Riot?

The difference between a protest and a riot is fairly simple. A protest is, in the majority of instances, legal and protected while a riot that involves violence and civil disorder can be considered criminal behavior and not protected by free speech laws.

According to the Oxford dictionary, a protest is “a statement or action expressing disapproval of or objection to something.” As such, when individuals say they’re organizing a protest, it’s usually a peaceful, public demonstration expressing strong objection. When violent acts occur during a protest, however, it can become a riot. According to the Oxford dictionary, a riot is “a violent disturbance of the peace by a crowd.”

Penalties for Rioting in North Carolina

Furthermore, rioting is a crime defined in the North Carolina penal code, under § 14-288.2. Riot; inciting to riot; punishments. According to this law, “A riot is a public disturbance involving an assemblage of three or more persons which by disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or damage to persons or property or creates a clear and present danger of injury or damage to persons or property.”

The criminal penalty for rioting is a Class 1 Misdemeanor; however, you could be looking at a Class H Felony if one of the following apply:

  • During the course of the riot, there is serious bodily injury or property damage that exceeds $1,500
  • The rioter was in possession of a dangerous weapon or a substance

Also, willfully inciting or urging others to riot is a Class 1 Misdemeanor (a Class F Felony if the resulting riot caused serious bodily harm or excessive property damage), and it is here where the line between protest and riot can get blurred.

Changing Legal Landscapes for Protesting in North Carolina

Although the definitions sound pretty straightforward, peaceful protestors are often the target of police intervention and arrest. Furthermore, the legal landscape regarding free speech and protests is always changing. In February of 2017, lawmakers in North Carolina introduced a bill that could open up felony charges to any criminal offense that leads to at least $1,000 in economic harm to any business, if the offender intended to intimidate the government or public.

This bill was rejected in the NC House in April, but this bill proposal and its failure does represent how laws regarding protests and riots can change.

 

Arrested for Exercising Your Right to Free Speech? Call Raleigh Attorney Brinkley Today

If you were arrested during a peaceful protest, or if a protest got out of hand and turned into a riot, then make sure to call Raleigh criminal attorney Dewey Brinkley today. For a free consultation with our Raleigh criminal law firm, call us today at (919) 832-0307.

Don’t Spend The New Years In Jail – How To Avoid Getting A DWI

Raleigh DWI Attorney Dewey Brinkley

Don’t Spend the New Years in Jail – How to Avoid Getting a DWI

New Years is one of the biggest party nights of the year, packed full of good cheer, friends and family, good food, and, of course, alcohol. While New Years is a night for memories, the risks for a DWI are also highly escalated. Drunk-driving fatalities often occur around the holidays, including New Years, and every year, Raleigh and Wake County law enforcement are intensely trying to reduce alcohol-related road fatalities by being extra diligent towards suspected drunk drivers.

Instead of spending your New Years in jail, you need to take the extra steps to avoid getting a DWI on New Year’s Eve. The most important (and the easiest) way is to not drive after you’ve drunk alcohol. However, if you were arrested for DWI on New Year’s Eve, make sure to call Raleigh DWI attorney Dewey P. Brinkley as soon as possible. We offer free consultations, and we’ll get started on your case as soon as we hear from you.

Call Dewey P. Brinkley for your Raleigh DWI attorney at (919) 832-0307.

Penalties for DWI in North Carolina

There are no happy holiday endings for drunk drivers, and North Carolina law enforcement, courts, and prosecutors will heavily prosecute individuals charged with drunk driving.

If you’re under 21 years old, the penalties for underage drunk driving (if your BAC is under 0.08) may include court fees, fines, jail time, and license suspensions. If your BAC is above 0.08, you may be looking at any of the following penalties:

Level 5 DWI:

  • Immediate license suspension for 30 days
  • Up to a $200 fine
  • Between 24 hours and 60 days in jail
  • Substance abuse assessments

Level 4 DWI:

  • Immediate license suspension for 30 days
  • Up to a $500 fine
  • Between 48 hours and 120 days in jail
  • Substance abuse assessments

Level 3 DWI:

  • Immediate license suspension for 30 days
  • Up to a $1,000 fine
  • Between 72 hours and 6 months in jail
  • Substance abuse assessments

Level 2 DWI:

  • Immediate license suspension for 30 days
  • Up to a $2,000 fine
  • Between 7 days and 12 months in jail
  • Substance abuse assessments

Level 1 DWI:

  • Immediate license suspension for 30 days
  • Up to a $4,000 fine
  • Between 30 days and 24 months in jail
  • Substance abuse assessments

Aggravated Level 1 DWI:

  • Immediate license suspension for 30 days
  • Up to $10,000 fine
  • Between 12 months and 36 months in jail
  • Continued alcohol monitoring
  • Substance abuse assessments

Prior convictions or aggravating factors can dramatically increase the penalties for a DWI. Some aggravating factors may include:

  • Being grossly impaired or having a BAC of 0.15 or more
  • Reckless or dangerous driving
  • Negligent driving that led to an accident
  • Driving with a revoked license

Plan a Sober Ride Home

The penalties for drunk driving on New Year’s Eve are certainly harsh, and due to the increased dangers this night, police and prosecutors might not hesitate to deliver the most severe penalties possible. As such, with the prospect of jail and substantial penalties, and the possibility of gravely injuring other people, the best way to avoid a DWI on New Years is to not drive drunk. Plan a sober ride home instead. Contact a taxi, rideshare, or try to organize with a sober driver.

Contact Raleigh DWI Attorney Dewey Brinkley

If you are arrested for a DWI on New Years, don’t panic and call the Law Office of Dewey P. Brinkley in Raleigh NC as soon as possible. With decades of experience representing and defending individuals charged with drunk driving related offenses, DWI attorney Brinkley will thoroughly guide you through the legal process while aggressively defending your case at every stage. For a free, no-obligation consultation with our Raleigh DWI defense law firm, call us today at (919) 832-0307.

Why Dewey Brinkley for Raleigh Criminal Defense Lawyer?

Raleigh criminal defense lawyer Dewey Brinkley has a desire to give our clients quality representation with one on one personal touch. If you have been accused, charged, investigated or even received a parking ticket, you need an experienced criminal defense lawyer to handle the case for you. Dewey Brinkley Law Firm has tried over 300 cases and will devote our time and efforts to protect YOU.

With an initial Free Consultation we cover every area of Raleigh Criminal Defense, including:

 

Compassionate, Diligent, and Aggressive

As one of the leading Raleigh criminal defense attorneys in Wake County, Dewey P. Brinkley has seen it all. Thus, we are prepared to give your case a diligent and aggressive defense using a compassionate ear. This means we’ll fight for you while addressing your concerns. Also, we understand how a Raleigh criminal defense charge can be stressful and overwhelming, which is why we’ll take care of investigations, contacting witnesses, and preparing a full-service defense to give you the best possible outcome.

Dewey P. Brinkley’s experience as a Wake County Assistant District Attorney has given him far-reaching resources. We’ll leave no stones unturned, and no matter the charge, we have professionals in the field who can examine each aspect of the case, from the alleged crime to the police and court’s handling of the case.

We are a full-service Raleigh criminal defense law firm

Contact the leading criminal defense attorney in Raleigh now

919-832-0307