Felony Sentencing in North Carolina
One type of criminal charge that our firm handles is felony charges. In fact, we have defended clients in over 500 felony cases throughout our practice. Some examples of felonies in North Carolina include murder, rape, and aggravated assault.
Certain individuals may be eligible to expunge (erase) their felony conviction after 4 years from the date of conviction or the served sentence. In particular, first offenders who allegedly committed the crime while under the age of 18 may petition for expungement, provided they show a clean criminal history since their conviction. Visit our Felony page to learn more.
Our firm also defends clients against DWI charges, and we have handled over 1,000 DWI cases in North Carolina. It is illegal in the state for a driver to operate a motor vehicle while their blood alcohol concentration (BAC) is 0.08% or higher or while impaired by prescription and/or over-the-counter medicine.
The penalties for DWI in North Carolina will vary depending on the circumstances, ranging from Level A1 (most severe) to Level 5 (least severe):
- Level A1 – a fine of up to $10,000 and a minimum of 1 year of active incarceration, with a maximum of 3 years; a judge CANNOT suspend the minimum sentence.
- Level I – a fine of up to $4,000 and a minimum jail sentence of 30 days and a maximum of 2 years; a judge CANNOT suspend the minimum sentence.
- Level II – a fine of up to $2,000 and a minimum jail sentence of 7 days and a maximum of 1 year; a judge CANNOT suspend the minimum sentence.
- Level III – a fine of up to $1,000 and a minimum jail sentence of 72 hours and a maximum of 6 months; a judge can suspend the sentence upon the condition that the driver spend 72 hours in jail, perform 72 hours of community service, or not operate a vehicle for 90 days.
- Level IV – a fine of up to $500 and a minimum jail sentence of 48 hours and a maximum of 120 days; a judge can suspend the sentence upon the condition that the driver spend 48 hours in jail, perform 48 hours of community service, or not operate a vehicle for 60 days.
- Level V – a fine of up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days; a judge can suspend the sentence upon the condition that the driver spend 24 hours in jail, perform 24 hours of community service, or not operate a vehicle for 30 days.
Convicted drivers may also have their vehicle seized upon arrest if they have prior DWI infractions. Learn more about DWI in North Carolina, including the required breath test, on our DWI page.
Certain traffic infractions may also fall under the umbrella of criminal defense, especially in the case of traffic accidents. Our firm has handled numerous traffic cases for clients, even minor speeding or seatbelt tickets. North Carolina has very specific statutes for certain moving and non-moving traffic violations, and you can visit our Traffic Tickets and Speeding Tickets pages for more information.
One important element of traffic law to keep in mind, though, is the points system. Depending on the type of traffic infraction, you may incur certain points on your license:
- Speeding (10mph or less for a 55mph zone) – 1 point
- Littering from a moving vehicle – 1 point
- Failure to secure passenger under age 16 – 2 points
- Driving with expired or no driver’s license – 3 points
- Speeding (10mph-20mph) – 3 points
- Running a stop sign – 3 points
- Running a red light – 3 points
- Failure to report an accident – 3 points
- Driving with no liability insurance – 3 points
- Illegal passing – 4 points
- Hit and run property damaged (misdemeanor) – 4 points
- Reckless driving (misdemeanor) – 4 points
- Passing a school bus – 5 points
Accumulating 12 or more points within 3 consecutive years will result in license suspension. Our attorneys at Cummings & Kennedy Law Firm, PLLC can take a look at your case and guide you through the process of resolving your ticket and navigating any associated criminal charges if you were involve in a traffic accident.
Facing Criminal Charges in Carteret County? Contact Us Today.
Don’t let a criminal charge taint your future opportunities. Our legal team at Cummings & Kennedy Law Firm, PLLC will develop an aggressive and thorough defense for you against your charges, whether you have been accused of a felony, DWI, or traffic offense. With over a decade of experience practicing exclusively in criminal defense, our team is equipped with the skill, professional knowledge, and experience to fight for you.
Let’s strategize your defense for mitigated or dismissed charges in Carteret County today. Call (252) 518-4330 or contact us online for a free consultation.
1,500+ Cases Handled by a Former Prosecutor & Team of Board-Certified Paralegals
Many law firms practice generally in several different areas. Our firm, however, focuses exclusively on criminal defense and provides uniquely efficient representation unmatched by most in the county. Whether you face felony, DWI, or traffic charges, we can defend you effectively from start to finish. Cummings & Kennedy Law Firm, PLLC is spearheaded by a unique team of a former prosecutor, 3 NC board-certified paralegals, and a special investigative agent who can provide important medical and legal counsel.
Schedule a free consultation with Cummings & Kennedy Law Firm, PLLC today to learn more about how we can help you. Call (252) 518-4330 or reach out to us online.
In-House Medical Advisor & Investigator
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“Really a life saver. 11/10 would recommend these people, and Mrs. Coletta stayed very responsive and true to her word and knowledge on anything I could think of to ask.”
“I highly recommend this law firm. Mr. Kennedy got all of my charges dismissed in court. He is very professional will do everything in order to ensure the best possible outcome.
“They make you feel very confident and explain clearly how they plan to handle to situation you're in. If i ever need a lawyer again i know for a fact, they're on my side.”
“I’m normally a worry wart, especially when it comes to the Judicial system, but Frederick Horne was so reassuring and answered all my questions before my court date!”
“Very convenient and professional definitely would recommend especially if it's your first speeding ticket in years.”