Discharging a Firearm into Occupied Property
North Carolina State Criminal Offense - General Statute 14-34.1
For a defendant to be found guilty of Discharging a Firearm into Occupied Property, the State must prove three things beyond a reasonable doubt:
(1) First, that the defendant willfully or wantonly discharged a firearm into property without justification or excuse. The property could be a building, other structure, vehicle, aircraft, watercraft, motor vehicle or other conveyance, device, equipment, or enclosure.
An act is willful or wanton when it is done intentionally with knowledge or a reasonable ground to believe that the act would endanger the rights or safety of others.
(2) Second, that the property as described above was occupied by one or more persons at the time that the firearm was discharged.
(3) And Third, that the defendant knew that the property was occupied by one or more persons or that the defendant had reasonable grounds to believe that the property was occupied by one or more persons.
This offense is a Class E Felony.
At trial, if the jury finds from the evidence beyond a reasonable doubt that on or about the alleged date the defendant willfully or wantonly discharged a firearm into property as described above without justification or excuse while it was occupied by one or more persons, and that the defendant knew it was occupied by one or more persons or had reasonable grounds to believe that it was occupied by one or more persons, then it would be the duty of the jury to return a verdict of guilty. If the jury does not so find or has reasonable doubt as to one or more of these things, then it would be the jury’s duty to return a verdict of not guilty.
If you have been charged with Discharging a Firearm into Occupied Property in North Carolina, then you need a lawyer who has extensive experience handling these cases, both before trial in plea negotiations and, if a satisfactory result cannot be reached, in a trial by jury. Attorney Garland Byers is a former police officer, former Assistant District Attorney, and has successfully investigated, prosecuted, and defended, all types of criminal cases in North Carolina Superior Court.
There are very effective defenses to this charge. Each case is, of course, different and the facts of your case are totally unique. Regardless, there are things that can be done to maximize your chances of obtaining a favorable result. But these things must be done early on in your case in order to put your case on the best possible footing.
Whether you want to plead guilty to a lesser offense, to take the case to trial, or you aren’t sure what to do, you should retain an experienced criminal defense lawyer to advise you immediately. Please give the law office of Garland Byers a call and have a consultation about your specific case. If you are a friend or family member reading this because your loved one is in jail, you can make the call on your friend or family member’s behalf to begin the process of turning the ship around.
Any lawyer with a valid law license can represent you. The challenge is to find the right lawyer with the right skills and the right experience for your specific case. Give us a call and let’s see if we are a good fit to guide you through these dangerous legal times. The choice of a lawyer is of critical importance. Make the right one.
Call the Byers Law Firm today.
Rev. 10/11/23
North Carolina State Criminal Offense - General Statute 14-54(a)
For a defendant to be found guilty of Feloniously Breaking or Entering with Intent to Commit a Felony, the State must prove four things beyond a reasonable doubt:
(1) First, that there was a breaking or an entering by the defendant.
(2) Second, the State must prove that it was a building that was broken into or entered.
(3) Third, that the owner or tenant did not consent to the breaking or entering.
(4) And Fourth, that at the time of the breaking or entering, the defendant intended to commit a felony therein. The specific felony must be named by the State. At trial, the crime that the defendant allegedly intended to commit is briefly defined for the jury. Failure of the court to define the crime may constitute reversible error on appeal.
A person violating this statute shall be punished as a Class H felon.
At trial, if the jury finds from the evidence beyond a reasonable doubt that on or about the alleged date the defendant broke into or entered a building without the consent of the owner or tenant, intending at that time to commit a specified felony, then it would be the duty of the jury to return a verdict of guilty. If the jury does not so find or has reasonable doubt as to one or more of these things, then it would be the jury’s duty to return a verdict of not guilty.
If you have been charged with Feloniously Breaking or Entering in North Carolina, then you need a lawyer who has extensive experience handling these cases, both before trial in plea negotiations and, if a satisfactory result cannot be reached, in a trial by jury. Attorney Garland Byers is a former police officer, former Assistant District Attorney, and has successfully investigated, prosecuted, and defended, all types of criminal cases in North Carolina Superior Court.
There are very effective defenses to this charge. Each case is, of course, different and the facts of your case are totally unique. Regardless, there are things that can be done to maximize your chances of obtaining a favorable result. But these things must be done early on in your case in order to put your case on the best possible footing.
Whether you want to plead guilty to a lesser offense, to take the case to trial, or you aren’t sure what to do, you should retain an experienced criminal defense lawyer to advise you immediately. Please give the law office of Garland Byers a call and have a consultation about your specific case. If you are a friend or family member reading this because your loved one is in jail, you can make the call on your friend or family member’s behalf to begin the process of turning the ship around.
Any lawyer with a valid law license can represent you. The challenge is to find the right lawyer with the right skills and the right experience for your specific case. Give us a call and let’s see if we are a good fit to guide you through these dangerous legal times. The choice of a lawyer is of critical importance. Make the right one.
Call the Byers Law Firm today.
Rev. 10/11/23
Updated: Oct 20, 2023
North Carolina State Civil Tort
A tort is a civil wrong at law that gives an injured person a “cause of action” (a right to file a lawsuit in court) to seek recovery for the damages received as a result of the tort. A person has a right to be free from wrongful and false criminal prosecution in North Carolina. This right to individual liberty is protected by the law. When a person violates this right, there are a variety of causes of actions (claims which may be brought by lawsuit) against the person who instituted the false criminal charge. One of these claims, and the one discussed in this article, is the claim of Malicious Prosecution by Instituting a False Criminal Charge.
In such a case, the question for the jury to decide is, “Did the defendant maliciously prosecute the plaintiff?”
On this issue the burden of proof is on the plaintiff. This means that the plaintiff must prove, by the greater weight of the evidence, three things:
(1) First, that the defendant instituted a criminal proceeding against the plaintiff without probable cause. “Probable cause” would exist if there are facts and circumstances that would cause a reasonable person to believe that prosecution is justified. The jury will be instructed by the court to consider only the facts and circumstances that the defendant knew or should have known at the time the proceeding was instituted.
(2) Second, that the defendant instituted the proceeding against the plaintiff with malice. “Malice” exists when a person acts out of a motive of ill will, spite, grudge, revenge, or oppression. “Malice” exists when a person commits a wrongful act intentionally and without excuse or just cause, or proceeds recklessly in disregard of the rights of others without probable cause. “Malice” also exists when a person’s primary goal in commencing the prosecution is to accomplish some collateral purpose or to advance some private interest. The jury is permitted, but not required, to infer the existence of malice from a lack of probable cause.
(3) Third, that the proceeding ended in the plaintiff’s favor. The plaintiff need not have won on the merits. It is sufficient that the proceeding is dismissed because of the defendant’s failure to appear and prosecute the action. It is also sufficient that the proceeding was dismissed by the judge or the district attorney.
At trial, the presiding judge will instruct the jury that if the jury finds by the greater weight of the evidence that the defendant maliciously prosecuted the plaintiff, then it would be the duty of the jury to answer this issue “yes” in favor of the plaintiff. If, on the other hand, the jury does not so find, then it would be the jury’s duty to answer the issue “no” in favor of the defendant.
Note that, where a private individual gives information he reasonably believes to be true to a public official of another’s supposed criminal misconduct, if the public official then independently exercises his discretion whether to institute a criminal proceeding based upon that information, then the private individual is protected from liability, even if the information provided ultimately proves to be false. The tort of malicious prosecution comes into play when the person gives information to the public official that he does not reasonably believe to be true or where he simply lies to the public official about an incident in order to obtain criminal charges against the plaintiff.
It is important to remember that time is always important in legal matters and that the failure to take action within the time allowed may forever bar your claim. For this reason, seek the advice of counsel right away. These time limits are called “statutes of limitation” and they function to limit the amount of time that a claim can be brought for a particular type of claim. Certain things can “toll” these statutes, meaning that they can temporarily stop the running of the statute of limitation to bar the claim, while other things can have no effect on the running of the statute.
These are very complex issues that are best determined by skilled legal counsel. What is important is that, if you have a situation that you believe may be “actionable” (may give rise to a lawsuit), then you should seek the advice of an attorney without delay.
Call the Byers Law Office today.
Rev. 10/11/23