Common types of misdemeanor criminal charges are:
- Assault on Female
- 1st Degree Trespass
- 2nd Degree Trespass
- Domestic Criminal Trespass
- Possession Marijuana Under .5oz
- Possession Marijuana Over .5oz
- Communicating Threats
- Fail to Disperse
- Contribute to Delinquency of a Minor
- Assault on Government Official
- Breaking and Entering
- Violation of a 50-B
- Carrying a Concealed Weapon
Common types of traffic violations and charges are:
Driving While Impaired (DWI)
Driving While License Revoked (DWLR)
Careless and Reckless Driving
Hit and Run – Property Damage
Passing a Stopped School Bus (No PJC)
Following Too Closely
Running a Stop sign or Light
Failure to Mover Over/Slow for Emergency Vehicle on Road Side;
No Operator License
Failure to Yield Right of Way
Failure to Stop for Siren
No Liability Insurance
Driving While Impaired (DWI): DWI level 1 – level 5; Habitual DWI: 3 priors within 10 years; Provisional / Underage DWI (In NC if you are under the age of 21 and are caught operating a motor vehicle on a public street or highway with any alcohol in your system, you can be convicted of a provisional DWI/DUI); Aid and abet; Impaired instruction
20-138.1. Impaired driving.
(a) Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person’s alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.
(a1) A person who has submitted to a chemical analysis of a blood sample, pursuant to G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a relevant time after driving, an alcohol concentration of 0.08 or more.
(b) Defense Precluded. – The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense to a charge under this section.
(b1) Defense Allowed. – Nothing in this section shall preclude a person from asserting that a chemical analysis result is inadmissible pursuant to G.S. 20-139.1(b2).
(c) Pleading. – In any prosecution for impaired driving, the pleading is sufficient if it states the time and place of the alleged offense in the usual form and charges that the defendant drove a vehicle on a highway or public vehicular area while subject to an impairing substance.
(d) Sentencing Hearing and Punishment. – Impaired driving as defined in this section is a misdemeanor. Upon conviction of a defendant of impaired driving, the presiding judge shall hold a sentencing hearing and impose punishment in accordance with G.S. 20-179.
(e) Exception. – Notwithstanding the definition of “vehicle” pursuant to G.S. 20-4.01(49), for purposes of this section the word “vehicle” does not include a horse. (1983, c. 435, s. 24; 1989, c. 711, s. 2; 1993, c. 285, s. 1; 2006-253, s. 9.)
Note: Aider and Abettor Punishment. – Notwithstanding any other provisions of this section, a person convicted of impaired driving under G.S. 20-138.1 under the common law concept of aiding and abetting is subject to Level Five punishment.
- Common felony criminal charges against property are: burglary, breaking and entering, larceny or arson
- Common felony criminal charges against the person are: robbery, assault, domestic violence, murder, gun or weapons violations or child abuse
- Common fraud or white collar criminal charges are: embezzlement or obtaining property by false pretenses; sex crimes such as rape, taking indecent liberties with children or statutory sex offenses
- Common felony drug criminal charges are: possession, manufacture or trafficking of a controlled substance (i.e. marijuana, cocaine, heroin, ecstasy, etc.)
Disclaimer: Every case is different. While we work to achieve the best possible result, no guarantees can be made about the outcome of your case. If you have any questions about a case, please contact us.
Further, Alexander B. Stubbs is regularly appointed Substitute Trustee in Foreclosure proceedings.