Not Guilty Verdict at Trial on Attempted Rape Charge

Client Facing Possible 36 Years Declines Plea Offer, Is Found Not Guilty on Charges of Attempted Forcible Rape, Felony Obstruction of Justice & Habitual Felon

State v. D.

00595

THE CHARGES

The client was charged with the following offenses: (1) Attempted Forcible Rape; (2) Felony Obstruction of Justice; and (3) being a Habitual Felon. Being a Habitual Felon is not a crime in itself, but rather is a sentencing enhancement which increases the punishment of another offense by 4 punishment levels up to a Class C Felony.

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.

Attempted Forcible Rape is a Class D felony which was elevated to a Class C Felony because of the client’s Habitual Felon status. Under normal circumstances, the felonies that are considered for elevating a client to Habitual Felon Status are not considered in calculating the Defendant’s prior record level for felony sentencing. In this instance, even with the redaction of the three prior felony offenses which elevated the client to Habitual Status, the client was still a Prior Record Level VI for felony sentencing. The maximum punishment on a Class C Felony is 182-231 months.

The Felony Obstruction of Justice offense is normally punishable as a Class H felony. The Habitual Felon status of the client increased the punishment of this offense four levels making the offense punishable as a Class D Felony. The maximum punishment on a Class D Felony is 160-204 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: 342-435 months, or in other words, the client faced 28.5-36.2 years in prison.

RESULTS OBTAINED

Prior to trial, the State offered to dismiss the Attempted Forcible Rape charge if the client would plead guilty to Felony Obstruction of Justice and Habitual Felon. The State’s agreement required the client to serve an active sentence of 84 months to a maximum of 113 months (7 to 9.4 years) in prison. On the advice of counsel, the client rejected the State’s offer and proceeded to trial.

Attorney Byers represented the client at trial and the jury returned a verdict of Not Guilty on all charges.

The Not Guilty verdict saved the client a possible 28.5 to 36.2-year prison sentence at trial, and a 7 year to 9.4-year active sentence under the terms of the State’s plea offer.

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