Mandatory Active Sentence Was Avoided, Class D Felony Dismissed
State v. G.
00637
The Charges
The client was charged with the following offenses: First-Degree Burglary, Felony Attempting to Break and/or Enter a Building, Misdemeanor Carrying a Concealed Weapon, Misdemeanor Injury to Real Property and Misdemeanor Injury to Personal Property.
The Client’s Possible Sentence
The client was a Level I for felony sentencing purposes. The client faced a possible maximum sentence of 80-108 months incarceration on the First-Degree Burglary charge, a Class D felony. The client faced a maximum sentence of 8-19 months probation on the Felony Attempting to Break and/or Enter a Building charge, a Class I felony.
The client was a Level II for misdemeanor sentencing purposes. On the misdemeanor charges, the client faced the following sentences in the discretion of the court: a possible 1–45-day active sentence on the charge of Injury to Real Property, a Class 1 misdemeanor, and a 1–45-day probationary sentence on the charges of Carrying a Concealed Weapon and Injury to Personal Property, both Class 2 misdemeanors.
Results Obtained
Mr. Byers negotiated an agreement with the District Attorney prior to trial.
Under the terms of the plea, the State dismissed the charge of First-Degree Burglary. The client pleaded guilty to the remaining charges and the charges were consolidated into the remaining Class I felony charge. “Consolidation” as used here means that the sentences of the lesser charges were included in the sentence for the most serious offense which resulted in a single judgment for all offenses consolidated. The sentence was negotiated to be a 6-17 month suspended sentence with the client being placed on supervised probation under terms set by the court.
The plea agreement negotiated by Mr. Byers saved the client a possible maximum sentence of 80-108 months (6.6 to 9 years) and a minimum sentence of 38-50 months (3.2 to 4.8 years), both of which were mandatory active sentences under North Carolina law due to the seriousness of the offense.
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 Faces 225 to 279 Month Mandatory Minimum Sentence if Convicted; Pleads to Lesser Charge for 70 Months Minimum
State v. L.
00068
The Charges
The client was charged with Trafficking in Opium or Heroin by possessing 28 or more grams of Fentanyl, an opiate, as well as Felony Maintaining a Place to Keep Controlled Substances.
The Client’s Possible Sentence
Drug Trafficking offenses are punished outside of the normal sentencing statutes and are punished according to special rules specific to drug trafficking crimes. In drug trafficking offenses, there is no probation and all sentences are active imprisonment.
Based upon the amount of Fentanyl involved, upon conviction, the client faced a mandatory sentence of 225 months to 279 months in the Department of Adult Corrections. This is the maximum amount of imprisonment for any drug trafficking offense under North Carolina Law. In addition to imprisonment, the client faced a mandatory fine of $500,000.00, which is, again, the maximum fine for any drug trafficking offense under North Carolina Law.
In addition, the client was charged with Felony Maintaining a Place to Keep Controlled Substances, a Class I Felony, but was a Level I for felony sentencing purposes, meaning that the client could only receive a probationary sentence for this offense based upon his lack of a criminal record. For this client, the primary concern was the Trafficking charge which was totally maxed out.
This case was complicated because the client gave a full confession to law enforcement investigators after his arrest and the seizure of the controlled substances.
Results Obtained
Mr. Byers negotiated an agreement with the District Attorney which allowed the client to plead guilty to a lesser drug trafficking offense and which reduced the client’s prison time considerably.
Under the terms of the plea, the State dismissed the charge of Felony Maintaining a Place to Keep Controlled Substances. The client pleaded guilty to Trafficking in Opium or Heroin to the reduced Class F level and received a 70-84 month active sentence in the Department of Adult Corrections.
The plea agreement negotiated by Mr. Byers saved the client an additional 155 months, minimum, of imprisonment which is 12.9 years of the client’s life.
PLEASE NOTE: Each case is different and must be evaluated on its particular and unique facts. Prior results do not guarantee any future outcome.
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.