First-Degree Burglary Charge Negotiated for Probation

Mandatory Active Sentence Was Avoided, Class D Felony Dismissed

State v. G.

00637

The Charges

The client was charged with the following offenses: First-Degree Burglary, Felony Attempting to Break and/or Enter a Building, Misdemeanor Carrying a Concealed Weapon, Misdemeanor Injury to Real Property and Misdemeanor Injury to Personal Property.

The Client’s Possible Sentence

The client was a Level I for felony sentencing purposes. The client faced a possible maximum sentence of 80-108 months incarceration on the First-Degree Burglary charge, a Class D felony. The client faced a maximum sentence of 8-19 months probation on the Felony Attempting to Break and/or Enter a Building charge, a Class I felony.

The client was a Level II for misdemeanor sentencing purposes. On the misdemeanor charges, the client faced the following sentences in the discretion of the court: a possible 1–45-day active sentence on the charge of Injury to Real Property, a Class 1 misdemeanor, and a 1–45-day probationary sentence on the charges of Carrying a Concealed Weapon and Injury to Personal Property, both Class 2 misdemeanors.

Results Obtained

Mr. Byers negotiated an agreement with the District Attorney prior to trial.

Under the terms of the plea, the State dismissed the charge of First-Degree Burglary. The client pleaded guilty to the remaining charges and the charges were consolidated into the remaining Class I felony charge. “Consolidation” as used here means that the sentences of the lesser charges were included in the sentence for the most serious offense which resulted in a single judgment for all offenses consolidated. The sentence was negotiated to be a 6-17 month suspended sentence with the client being placed on supervised probation under terms set by the court.

The plea agreement negotiated by Mr. Byers saved the client a possible maximum sentence of 80-108 months (6.6 to 9 years) and a minimum sentence of 38-50 months (3.2 to 4.8 years), both of which were mandatory active sentences under North Carolina law due to the seriousness of the offense.

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