No Active Time in Possession of Firearm by Felon Case

Guilty Plea to Class G Felony Results in Probation and Dismissal of Drug Charge

State v. R.

00301

THE CHARGES

The client was charged with Possession of Firearm by Felon (a Class G Felony) and Felony Possession of Methamphetamine (a Class I Felony).

THE CLIENT'S POSSIBLE SENTENCE

On the Firearm by Felon charge, the client was a Prior Record  Level III for Felony Sentencing exposing the client to a 

possible active sentence of from 13-25 months to 17-30 months in the presumptive range. If the sentence was aggravated, the client faced a possible active sentence of from 17-30 months up to 21-35 months. Upon conviction, the court could also impose an intermediate punishment which is a sentence that places the defendant on supervised probation which may include as a special condition a period or periods of imprisonment not to exceed one fourth of the maximum sentence of imprisonment imposed for the offense.

On the Possession of Methamphetamine charge, the client faced an Intermediate sentence which consists of the punishment as described above. The presumptive sentence which would be suspended ranged from 5-15 months to 6-17 months. If the sentenced had been aggravated, then the client faced an aggravated suspended sentence of from 6-17 months to 8-19 months.

RESULTS OBTAINED

The client pled guilty to the Possession of Firearm by Felon charge. The State dismissed the Felony Possession of Methamphetamine charge in exchange for the client’s guilty plea. There was no agreement as to sentencing as the State had sought an active sentence of 10-21 months and that offer was rejected. At sentencing on the Firearm by Felon charge, Attorney Byers argued for a sentence of probation with no period of imprisonment based upon the facts of the case and the court found that argument to be persuasive. The client was placed on supervised probation with no additional imprisonment with regular terms of probation.

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

Discharging a Firearm into Occupied Property - 3 Elements of the Crime

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