Byers Negotiated for Probation when State Sought Active Time, Prevented Possible 3 Year Prison Sentence
State v. T.
00050
The Charges
The client was charged with the following offenses: (1) Felony Breaking and/or Entering; and (2) Larceny After Breaking or Entering.
The Client’s Possible Sentence
The client was a Prior Record Level II for felony sentencing purposes. In addition, the client was a Level III for misdemeanor sentencing purposes which is the highest punishment level for misdemeanor crimes under North Carolina law.
Felony Breaking and/or Entering is a Class H punishable by a maximum of 39 months in prison. The maximum punishment that the client faced, based upon his prior record, was 10-21 months in prison.
The Felony Larceny After Breaking or Entering offense is also punishable as a Class H felony. The maximum punishment on a Class H Felony is 39 months in prison, but the client faced a possible 10-21 month active sentence if convicted for this offense.
If the client were convicted of both of the crimes charged and the client were sentenced to consecutive sentences, then the client faced 20-42 months in prison.
Results Obtained
The case was on the docket for approximately 5 years. Mr. Byers was the third lawyer who represented the client. There were no plea offers made by the State prior to the case being placed on the trial calendar with Mr. Byers as counsel.
This charge arose in a judicial district where the elected District Attorney will not negotiate a probationary sentence on any Breaking/Entering offense and where every defendant charged with this offense either pleads guilty and stands a substantial chance of being sent to prison or the defendant proceeds to trial and has a trial by jury.
Prior to the start of trial, Mr. Byers negotiated a plea with the State on behalf of the client. The result was as follows: the client pleaded guilty to Misdemeanor Possession of Stolen Goods, a Class 1 Misdemeanor, with an agreement of supervised probation and no active imprisonment with payment of restitution jointly and severally with the client’s co-defendant. All other charges against the client were dismissed.
The plea agreement negotiated by Mr. Byers saved the client a possible 20-42 month prison sentence at trial and a possible 120 day (4-month) prison sentence upon being convicted of Misdemeanor Possession of Stolen Goods. Upon conviction, the client received no active jail confinement in a district where the prosecutor will not normally negotiate anything other than an active sentence on the crime charged.
PLEASE NOTE: Each case is different and must be evaluated on its particular and unique facts. Prior results do not guarantee any future outcome.
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.
Updated: Jan 14, 2024
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.