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.
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