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 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.
Updated: Jan 14, 2024
Accessory After the Fact to First Degree Murder Charge, a Class C Felony, is Dismissed along with 11 Other Charges in a Negotiated Plea Agreement with the State
State v. D.
00416
THE CHARGES
The client was charged with the following offenses: (1) Accessory After the Fact to First Degree Murder; (2) First Degree Burglary; (3) Break/Enter to Terrorize; (4) Carrying Concealed Gun; (5) Resisting a Public Officer; (6) Simple Assault;(7) Possession of a Controlled Substance in Jail/Prison; (8) Larceny After Breaking/Entering; (9) Felony Possession of Stolen Goods; (10) Felony Failure to Appear; (11) Misdemeanor Failure to Appear; (12) Misdemeanor Larceny; (13) Larceny by Employee; and (14) Concealing/Failing to Report a Death.
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.
At the outset, the client faced the following punishment, all of which were active sentences: (1) Accessory After the Fact to First Degree Murder (231 months) ; (2) First Degree Burglary (204 months); (3) Break/Enter to Terrorize (39 months); (4) Carrying Concealed Gun (60 days); (5) Resisting a Public Officer (60 days); (6) Simple Assault (60 days);(7) Possession of a Controlled Substance in Jail/Prison (39 months); (8) Larceny After Breaking/Entering (39 months); (9) Felony Possession of Stolen Goods (39 months); (10) Felony Failure to Appear (24 months); (11) Misdemeanor Failure to Appear (60 days); (12) Misdemeanor Larceny (120 days); (13) Larceny by Employee (39 months); and (14) Concealing/Failing to Report a Death (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: 858 months, 360 days, or in other words, the client faced 72½ years in prison.
RESULTS OBTAINED
Attorney Byers negotiated an agreement with the State on the client’s behalf for the client to assist the State in the prosecution of a co-defendant who was charged with First Degree Murder arising out of the same incident. After negotiating the terms of the agreement, Attorney Byers sat in on meetings between the client and law enforcement investigators and prosecutors to advise and represent the client.
In addition, Attorney Byers attended court with the client in the trial of the co-defendant for First Degree Murder to represent the client and advise the client should any issues arise during the trial.
The co-defendant was convicted of First Degree Murder and sentenced by the Court to life in prison without the possibility of parole.
After the co-defendant’s trial, the client pleaded guilty under the terms of the plea agreement negotiated by Attorney Byers. Under that agreement, the client pleaded guilty to Concealing/Failing to Report a Death and Larceny by Employee.
Per the plea agreement, State dismissed the following charges: (1) Accessory After the Fact to First Degree Murder; (2) First Degree Burglary; (3) Break/Enter to Terrorize; (4) Carrying Concealed Gun; (5) Resisting a Public Officer; (6) Simple Assault;(7) Possession of a Controlled Substance in Jail/Prison; (8) Larceny After Breaking/Entering; (9) Felony Possession of Stolen Goods; (10) Felony Failure to Appear; (11) Misdemeanor Failure to Appear; and (12) Misdemeanor Larceny.
Sentencing was in the Court’s discretion under the terms of the negotiated plea agreement.
At sentencing, Attorney Byers argued that the client should receive a mitigated sentence, which is less than the presumptive sentence, because of the client’s extraordinary efforts in assisting in the investigation and prosecution of the co-defendant, who was convicted at a week-long trial of First Degree Murder and sentenced to life without parole.
The Court accepted Attorney Byers’ arguments and found that a mitigated sentence was justified based upon the facts of the case, that the client had testified truthfully on behalf of the State in another prosecution for a felony, and that the client had accepted responsibility for their criminal conduct.
The Court sentenced the client to a 96-108 month active term of imprisonment on the Concealing/Failing to Report a Death charge and gave the client pretrial confinement credit of 206 days.
The Court sentenced the client to a 20-33 month active term of imprisonment on the Larceny by Employee charge, which was concurrent (served simultaneously) with the first sentence mentioned above.
Thus, the client’s sentence for both charges was 96-108 months’ imprisonment, or 8-9 years, a savings of 63.5-64.5 years of possible additional imprisonment.
PLEASE NOTE: Each case is different and must be evaluated on its particular and unique facts. Prior results do not guarantee any future outcome.