Updated: Jan 14, 2024
A Class D Felony Aiding & Abetting Armed Robbery Charge Was Dismissed after Defense Counsel Requested Missing Discovery before Considering Plea Offer
State v. K.
00469
THE CHARGES
The client was charged with Felony Aiding & Abetting Armed Robbery (a Class D Felony).
THE CLIENT'S POSSIBLE SENTENCE
The client was a Prior Record Level I for felony sentencing purposes and faced a presumptive active sentence ranging from 51-74 months to 64-89 months in the State prison system upon conviction. If the sentence had been aggravated at sentencing, then the client’s active term of imprisonment ranged from 64-89 months up to a maximum of 80-108 months.
RESULTS OBTAINED
The client was granted pretrial release on the charge prior to the involvement of legal counsel. Once involved in the case, Attorney Byers filed a motion for discovery in order to obtain a copy of the law enforcement investigation files in the case. Discussions occurred between the State and defense counsel about a possible guilty plea to a lesser charge, but defense counsel would not advise the client to consider any possible resolutions without first being provided the evidence in the case and being able to evaluate that evidence and advise the client accordingly as to what was in the client’s best interest.
After more than three years, the charges against the client were voluntarily dismissed. The officer failed to provide the District Attorney’s Office with the information required to be given to the defendant pursuant to the discovery statutes.
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
First Degree Burglary
North Carolina State Criminal Offense
First Degree Burglary is a very serious criminal offense under North Carolina law. Although First Degree Burglary may also constitute a federal crime under certain circumstances, this page discusses the offense as it exists under North Carolina State law.
First Degree Burglary in North Carolina is defined in the law as a breaking and entering in the nighttime of another person’s occupied dwelling house or room used as a sleeping apartment without that person’s consent, and with the intent to commit a felony therein. The felony intended to be committed inside of the dwelling house or apartment may be shown by the surrounding facts and circumstances of each particular case.
It is important to note here that most prosecutors view the crime of First Degree Burglary as a violent crime. It is, in fact, commonly referred to as a “home invasion” and deadly force may be authorized by the homeowner or tenant to prevent this crime from occurring due to the inherent dangerousness of the crime. For that reason, many prosecutors (from my own personal experience as a prosecutor) are unwilling to negotiate this offense to a lesser offense. This is important to remember as the case progresses because there is a high likelihood that this type of case will either be tried by a jury or will shift to one of attempting to obtain the lightest sentence possible if the evidence against the defendant is overwhelming.
For a defendant to be found guilty of this offense, the State must prove five things beyond a reasonable doubt. These things are called “elements” of the crime and must both be proven by the State at the trial of the case beyond a reasonable doubt. The elements of this crime are:
1. First, that the defendant broke and entered a dwelling house or sleeping apartment.
2. Second, that the breaking and entering was during the nighttime.
3. Third, that at the time of the breaking and entering the dwelling house or sleeping apartment was occupied.
4. Fourth, that the owner or tenant did not consent to the breaking and entering.
5. And fifth, that at the time of the breaking and entering the defendant intended to commit a felony (the felony must be named and defined for the jury) within the dwelling house or sleeping apartment.
At trial, if the jury finds from the evidence beyond a reasonable doubt that on or about the alleged date, the defendant broke into and entered an occupied dwelling house or sleeping apartment without the owner’s or tenant’s consent, during the nighttime, and at that time intended to commit a felony therein, 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 both of these things, then it would be the jury’s duty to return a verdict of not guilty.
If you have been charged with First Degree Burglary in North Carolina, then you need experienced legal representation to defend you in court. First Degree Burglary in North Carolina is punished as a Class D Felony and upon conviction carries a maximum of 207 months (or 17.25 years) in State Prison.
You need a lawyer who has extensive experience handling First Degree Burglary 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 been a trial lawyer for over 23 years. He has successfully investigated, prosecuted, and defended all kinds of cases, including numerous First Degree Burglary cases, in North Carolina Superior Court.
One thing you need to know: you have options. 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. Time is always critically important in legal matters, and there are time limits in criminal cases which run from the time a defendant is charged until they expire.
Given the seriousness of this offense, these cases typically involve intensive criminal investigations, sometimes by multiple law enforcement agencies and sometimes across multiple jurisdictions, and are likely to generate extensive and voluminous reports and other evidence, all of which must be reviewed and evaluated in order to properly defend and advise you.
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 today 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 Office today: (704) 669-5419.
Rev. 9/30/23