Client Sentenced to 9 Years Instead of Possible 72

Accessory After the Fact to First Degree Murder Charge, a Class C Felony, is Dismissed along with 11 Other Charges in a Negotiated Plea Agreement with the State

State v. D.

00416

THE CHARGES

The client was charged with the following offenses: (1) Accessory After the Fact to First Degree Murder; (2) First Degree Burglary; (3) Break/Enter to Terrorize; (4) Carrying Concealed Gun; (5) Resisting a Public Officer; (6) Simple Assault;(7) Possession of a Controlled Substance in Jail/Prison; (8) Larceny After Breaking/Entering; (9) Felony Possession of Stolen Goods; (10) Felony Failure to Appear; (11) Misdemeanor Failure to Appear; (12) Misdemeanor Larceny; (13) Larceny by Employee; and (14) Concealing/Failing to Report a Death.

THE CLIENT'S POSSIBLE SENTENCE

The client was a Prior Record Level VI for felony sentencing purposes which is the highest punishment level under North Carolina felony sentencing law. In addition, the client was a Level III for misdemeanor sentencing purposes which is also the highest punishment level for misdemeanor crimes under North Carolina law. In other words, if the client were to be convicted of the offenses charged, then the client would face the maximum punishment for each of those offenses.

At the outset, the client faced the following punishment, all of which were active sentences: (1) Accessory After the Fact to First Degree Murder (231 months) ; (2) First Degree Burglary (204 months); (3) Break/Enter to Terrorize (39 months); (4) Carrying Concealed Gun (60 days); (5) Resisting a Public Officer (60 days); (6) Simple Assault (60 days);(7) Possession of a Controlled Substance in Jail/Prison (39 months); (8) Larceny After Breaking/Entering (39 months); (9) Felony Possession of Stolen Goods (39 months); (10) Felony Failure to Appear (24 months); (11) Misdemeanor Failure to Appear (60 days); (12) Misdemeanor Larceny (120 days); (13) Larceny by Employee (39 months); and (14) Concealing/Failing to Report a Death (204 months).

Altogether, if the client were convicted of all of the crimes charged and the client were sentenced to consecutive sentences, then the client faced the following maximum punishment: 858 months, 360 days, or in other words, the client faced 72½ years in prison.

RESULTS OBTAINED

Attorney Byers negotiated an agreement with the State on the client’s behalf for the client to assist the State in the prosecution of a co-defendant who was charged with First Degree Murder arising out of the same incident. After negotiating the terms of the agreement, Attorney Byers sat in on meetings between the client and law enforcement investigators and prosecutors to advise and represent the client.

In addition, Attorney Byers attended court with the client in the trial of the co-defendant for First Degree Murder to represent the client and advise the client should any issues arise during the trial.

The co-defendant was convicted of First Degree Murder and sentenced by the Court to life in prison without the possibility of parole.

After the co-defendant’s trial, the client pleaded guilty under the terms of the plea agreement negotiated by Attorney Byers. Under that agreement, the client pleaded guilty to Concealing/Failing to Report a Death and Larceny by Employee.

Per the plea agreement, State dismissed the following charges: (1) Accessory After the Fact to First Degree Murder; (2) First Degree Burglary; (3) Break/Enter to Terrorize; (4) Carrying Concealed Gun; (5) Resisting a Public Officer; (6) Simple Assault;(7) Possession of a Controlled Substance in Jail/Prison; (8) Larceny After Breaking/Entering; (9) Felony Possession of Stolen Goods; (10) Felony Failure to Appear; (11) Misdemeanor Failure to Appear; and (12) Misdemeanor Larceny.

Sentencing was in the Court’s discretion under the terms of the negotiated plea agreement.

At sentencing, Attorney Byers argued that the client should receive a mitigated sentence, which is less than the presumptive sentence, because of the client’s extraordinary efforts in assisting in the investigation and prosecution of the co-defendant, who was convicted at a week-long trial of First Degree Murder and sentenced to life without parole.

The Court accepted Attorney Byers’ arguments and found that a mitigated sentence was justified based upon the facts of the case, that the client had testified truthfully on behalf of the State in another prosecution for a felony, and that the client had accepted responsibility for their criminal conduct.

The Court sentenced the client to a 96-108 month active term of imprisonment on the Concealing/Failing to Report a Death charge and gave the client pretrial confinement credit of 206 days.

The Court sentenced the client to a 20-33 month active term of imprisonment on the Larceny by Employee charge, which was concurrent (served simultaneously) with the first sentence mentioned above.

Thus, the client’s sentence for both charges was 96-108 months’ imprisonment, or 8-9 years, a savings of 63.5-64.5 years of possible additional imprisonment.

PLEASE NOTE: Each case is different and must be evaluated on its particular and unique facts. Prior results do not guarantee any future outcome.