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.