Misdemeanor Lawyer Raleigh
Misdemeanor charges vary greatly and encompass everything from traffic offenses to drug charges to assaults. Misdemeanor charges are classified on a number system, from Class 3 misdemeanors up to Class A1 misdemeanors. Class 3 misdemeanors are punishable by up to 20 days in jail. Class A1 misdemeanors are punishable by up to 150 days in jail. Hunt Law Group, P.C. has experience defending clients against all types of misdemeanor charges. In each case we analyze the circumstances leading up to the client’s charge, we evaluate the associated statute, and then we develop a tough, smart defense strategy for our client.
Marijuana Possession and Drug Paraphernalia
Possession of less than one-half of an ounce of marijuana (often called simple possession) or less than 7 grams of a synthetic cannabinoid is a Class 3 misdemeanor. Active jail time cannot be imposed for a conviction of this offense, but there could be a suspended sentence of imprisonment and a probationary sentence. Possession of between one-half ounce and one and one-half ounces of marijuana or between 7 and 21 grams of a synthetic cannabinoid is a Class 1 misdemeanor. Possession of any greater substance weight is at least a Class I felony.
Possession of drug paraphernalia, which includes devices used to smoke or containers used to hold marijuana, is a Class 1 misdemeanor. In many cases, a person is charged with simple possession and possession of drug paraphernalia, and the pipe possession is a more serious offense than the drug itself.
Defending a client against marijuana charges depends on the person’s criminal record and their specific charge. There may be options for dismissal of charges, deferred prosecution of charges, reduction of the charges, or a combination of all three.
An alcohol offense conviction can affect a person’s driver license, insurance and employment. Individuals under the age of 21 may face charges for possessing alcohol or for driving after consuming with any alcohol remaining in their system. Any individual, regardless of their age, can be charged if there is an open container in the passenger area of a vehicle or for driving while impaired. Each charge entails a unique set of elements that must be alleged and proven by the prosecution.
DWLR and Other Traffic Offenses
Many traffic violations are actually classified as misdemeanors, even though they are resolved by simply paying court costs and a fine. It is not uncommon for someone to pay for a traffic citation, and then later find out that it resulted in a misdemeanor conviction on their record, or worse – their driver’s license could be revoked for a year or longer. There are better ways to handle a traffic violation. You should never simply “pay off” a ticket without knowing the consequences it could have to your insurance rates – and your ability to drive. Hunt Law Group, P.C. strives to resolve traffic matters without causing a misdemeanor conviction, without causing a drivers license issue, and without making your insurance rates go up.
Charges where the defendant and the alleged victim have been in an intimate relationship with one another receive special attention from the court system. Wake County devotes one entire courtroom and two prosecutors to handle misdemeanor domestic violence cases. Once a defendant has been charged by law enforcement, the fact that a complaining witness wants the charges dropped does not always control the Assistant District Attorney’s decision of whether to proceed with prosecution. At Hunt Law Group, P.C., we fight to make sure that you are treated fairly and that your rights are protected.
Other offenses such as simple assault, trespassing, larceny, shoplifting, simple affray, and aggravated assaults all have specific facts that must be alleged and proven by the prosecution. The nature of a given charge will warrant certain ways to approach the defense.
Misdemeanor convictions at the District Court level may be appealed to the Superior Court for a new trial. In Superior Court, motions can be reargued to a Superior Court judge, and the defendant has the option of having the case tried in front of a jury. There are both benefits and risks of appealing a case to Superior Court. To discuss these issues, contact Hunt Law Group, P.C. today for a free consultation.