North Carolina Criminal Defense

What to Do if Arrested in North Carolina

Understanding the Arrest Process — When you get arrested in North Carolina, it’s usually because an officer believes there’s probable cause you committed a crime. They can arrest you on the spot or based on a warrant signed by a judge. After that, you'll be taken to the local jail for “booking.” That means they record your personal information, take fingerprints, and photograph you. You might be searched and placed in a holding cell. Depending on the charge, you may be held until a bail hearing.

You have the right to remain silent and the right to an attorney. Use those rights. Don't try to explain or talk your way out of the situation—anything you say can be used against you. If you’re arrested, immediately ask for a criminal defense lawyer. The sooner a qualified North Carolina criminal defense attorney is involved, the better your chances of protecting yourself.

Why Calling a Lawyer Quickly Matters — Time is critical after an arrest. Decisions made in the first few hours can affect your entire case. Your criminal defense lawyer can help you avoid saying something incriminating, push for your release at the bond hearing, and start preserving evidence that might help later. Waiting too long could mean missed opportunities, especially if the case moves fast or involves serious charges.

Felony vs. Misdemeanor Criminal Charges in North Carolina

Difference Between Felony and Misdemeanor — In North Carolina, the difference between a felony and a misdemeanor is huge. Misdemeanors are less serious crimes, but they can still carry jail time and a permanent record. Felonies are much more serious, with longer prison terms and greater long-term consequences. Both are handled under state law, not federal law, unless special circumstances apply.

Misdemeanors are grouped into four classes: A1, 1, 2, and 3. Class A1 is the most serious and includes things like assault on a female (G.S. § 14-33) or assault with a deadly weapon. You could face up to 150 days in jail. Class 3, like simple possession of marijuana (less than half an ounce), may involve a fine and community service.

Felonies are divided into Classes A through I. Class A is the most serious—it includes first-degree murder (G.S. § 14-17), which carries the possibility of life in prison or the death penalty. Lower classes, like Class I felonies, might involve writing a bad check or low-level drug charges. Even these can lead to prison time and the loss of civil rights like voting or owning a firearm.

Consequences Go Beyond Jail Time — A conviction, even for a misdemeanor, can have long-term effects. You could lose your job, face trouble renting a place to live, or be denied student loans. That’s why hiring an experienced criminal lawyer in North Carolina can make a big difference. A skilled Raleigh NC defense lawyer can help protect your rights, argue for reduced or dismissed charges, and work to keep your record clean.

How Adult Criminal Charges Work in North Carolina

What Happens After You’re Charged as an Adult — If you’re over 18 and charged with a crime in North Carolina, your case will move through the state court system. First, you’ll be scheduled for an initial appearance. That’s when the judge tells you what you’re being charged with and decides if you’ll be released on bond. In misdemeanors, you’ll often be in district court. Felony cases usually start in district court but can move to superior court for trial.

You’ll likely have a chance to enter a plea early on—either guilty, not guilty, or no contest. Then the court may schedule a probable cause hearing (for felonies) or move straight into pre-trial procedures. Your lawyer will investigate the case, talk to witnesses, and negotiate with the prosecution.

Why the Court You’re in Matters — In district court, there are no juries—judges decide the outcome. That’s common for misdemeanor cases. Superior court, which handles felonies and appeals from district court, involves jury trials and more formal rules. Having an experienced criminal attorney in North Carolina who understands the local court system can help you avoid mistakes and take advantage of any opportunity for a favorable result.

Types of Criminal Charges You Might Face in North Carolina

In North Carolina, most state-level criminal charges fall into several major categories. Each category includes a wide range of offenses, from low-level misdemeanors to serious felonies. The charge you’re facing will determine the court process, the possible sentence, and whether it stays on your record for life.

Drug Crimes in North Carolina — Drug offenses are among the most frequent charges in the state, and they’re covered under the North Carolina Controlled Substances Act (G.S. § 90-86 through § 90-113.8). Possession of small amounts might result in a misdemeanor, but manufacturing, distribution, and trafficking often lead to felony charges and mandatory prison sentences.

Here are some common drug charges:

• Simple Possession of Marijuana (G.S. § 90-95) — Possessing less than 0.5 ounces is a Class 3 misdemeanor; up to 1.5 ounces is a Class 1 misdemeanor; over 1.5 ounces may be a felony.
• Possession of Cocaine (Even small amounts can be charged as a Class I felony.
• Possession With Intent to Sell or Deliver (PWISD) — Applies when you’re found with quantities or packaging that suggest distribution. Typically charged as a felony.
• Drug Trafficking — Involves minimum threshold amounts (e.g., 10 lbs. marijuana, 28g cocaine) and carries mandatory minimum sentences.
• Maintaining a Vehicle or Dwelling for Drug Use (G.S. § 90-108) — A Class I felony, often charged in combination with other offenses.

Penalties depend on the substance, quantity, and your record. A lawyer can argue for treatment alternatives, like conditional discharge or drug court, if available. Talk with Hubbard Law Firm for a legal defense for drug possession in NC.

Violent Crimes in North Carolina — Violent offenses can involve harm, threat of harm, or the use of weapons. Many are considered felonies and can carry long prison terms. These charges are prosecuted aggressively, especially in cases involving repeat offenders or victims who are minors or partners in domestic situations.

Some of the most commonly charged violent crimes include:

• Assault on a Female (G.S. § 14-33) — Class A1 misdemeanor if committed by a male over 18; punishable by up to 150 days.
• Assault With a Deadly Weapon Inflicting Serious Injury (G.S. § 14-32) — Class E felony, involving serious harm and the use of a weapon.
• Assault by Strangulation (G.S. § 14-32.4) — A Class H felony, even without visible injuries, if the act is intentional.
• Voluntary Manslaughter (G.S. § 14-18) — Class D felony; involves killing in the “heat of passion.”
• Second-Degree Murder (G.S. § 14-17) — Class B1 or B2 felony depending on intent and circumstances.
• First-Degree Murder — Class A felony; punishable by life in prison without parole or death in capital cases.

Domestic violence cases often involve protective orders (G.S. § 50B-3). Violating these orders is a separate criminal offense. Because violent crimes can result in significant prison time, it’s critical to have an attorney for violent crime defense in North Carolina in your corner. For example, a lawyer for assault and battery charges in North Carolina can examine the facts, challenge witness credibility, and raise any self-defense claims.

Property Crimes in North Carolina — Property crimes involve taking or damaging someone else’s belongings. Whether a charge is a misdemeanor or felony usually depends on the value of the property or the method used to commit the crime. If you’ve had previous convictions, your penalties could increase.

Frequent charges in this category include:

• Misdemeanor Larceny (G.S. § 14-72) — Theft of property worth $1,000 or less; usually a Class 1 misdemeanor.
• Felony Larceny (G.S. § 14-72) — Applies when the value is over $1,000 or if you have certain prior convictions.
• Shoplifting/Concealment of Goods (G.S. § 14-72.1) — Class 3 misdemeanor for first offenses; repeated violations may be felonies.
• Breaking or Entering a Building (G.S. § 14-54) — A Class H felony if done with intent to commit theft or another felony inside.
• Possession of Stolen Goods (G.S. § 14-71.1) — Can be a misdemeanor or felony depending on value and whether you knew the property was stolen.
• Obtaining Property by False Pretenses (G.S. § 14-100) — Fraud-based charge; usually a felony.

Penalties vary based on the dollar value and your intent. If the charge is based on a misunderstanding, mistaken identity, or false allegation, a North Carolina criminal defense attorney for theft and property crimes in NC can help you challenge the case.

Weapons Charges in North Carolina — Owning or carrying a firearm is legal in North Carolina, but certain actions can turn legal possession into a criminal charge. Weapon offenses are particularly serious if you have a prior felony record or if the weapon was allegedly used during another crime.

Here are key weapon-related charges:

• Carrying a Concealed Handgun Without a Permit (G.S. § 14-269) — Class 2 misdemeanor for first offense; second offense is a Class I felony.
• Possession of Firearm by a Felon (G.S. § 14-415.1) — Class G felony with a mandatory minimum sentence of 12 months in prison.
• Possession of a Weapon on School Property (G.S. § 14-269.2) — Class I felony, with additional charges possible if minors are involved.
• Assault With a Firearm on a Law Enforcement Officer (G.S. § 14-34.5) — Class E felony; taken extremely seriously by prosecutors.
• Possession of a Stolen Firearm (G.S. § 14-71.1) — Often a Class H felony, depending on circumstances.

A conviction for any of these can affect your gun rights permanently. Even if you legally purchased the weapon, carrying it in the wrong place or after certain convictions may still result in prosecution.

Financially Motivated Offenses — White collar crimes involve deceit, manipulation, or abuse of trust for financial gain. These offenses are often nonviolent but can result in serious consequences—including felony convictions, large fines, restitution, and prison sentences. In some cases, white collar charges are prosecuted at the federal level, especially when they involve interstate commerce, federal institutions, or large sums of money.

Common white collar offenses include:

• Embezzlement (G.S. § 14-90) — Taking money or property entrusted to you by an employer, nonprofit, or government agency. Penalties depend on the amount stolen and your position of trust.
• Obtaining Property by False Pretenses (G.S. § 14-100) — Using lies or deception to acquire money or property. This is often a felony and carries substantial prison time.
• Credit Card Fraud (G.S. § 14-113.13) — Includes unauthorized use or theft of credit cards, as well as creating fake cards. Penalties increase with the number of offenses or the value of the transactions.
• Forgery and Uttering (G.S. § 14-119) — Creating or using false documents with the intent to defraud, such as fake checks or contracts.
• Identity Theft (G.S. § 14-113.20) — Stealing someone’s personal information for financial gain. North Carolina treats this as a felony offense, and victims may also pursue civil damages.
• Corporate Fraud — Involves schemes within businesses such as inflating earnings, misappropriating funds, or hiding liabilities. While not defined under a single statute, these may lead to multiple state or federal charges.

White collar cases often involve complex evidence—like financial records, emails, or audits. A North Carolina defense lawyer with experience in economic crimes can work with forensic experts, challenge financial conclusions, and argue for reduced charges or alternative sentencing such as restitution and probation.

Sex Crimes — Sex offenses are among the most serious crimes in North Carolina. These cases are aggressively prosecuted and can carry life-altering penalties including long prison terms, mandatory sex offender registration, and restrictions on housing, employment, and travel.

Common sex offense charges include:

• Sexual Battery (G.S. § 14-27.33) — Unwanted sexual contact without consent. Often charged as a Class A1 misdemeanor but can be enhanced based on the circumstances.
• Statutory Rape (G.S. § 14-27.24 and § 14-27.25) — Involves sexual activity with a person below the legal age of consent, regardless of perceived consent. Punishment depends on the age difference between parties.
• Indecent Liberties With a Minor (G.S. § 14-202.1) — Broadly defined conduct toward minors that can include touching or exposing oneself. This is typically a Class F felony.
• Sexual Exploitation of a Minor (G.S. § 14-190.16 to § 14-190.17A) — Includes possession, production, or distribution of child pornography. Charges range from Class C to Class H felonies depending on severity.
• Failure to Register as a Sex Offender (G.S. § 14-208.11) — Once convicted of a qualifying sex crime, failure to comply with registry requirements is a separate felony.

Sex offense convictions may require mandatory registration on North Carolina’s sex offender registry, often for 30 years or life. This affects nearly every aspect of a person’s future. These cases frequently hinge on consent, age, mistaken identity, or forensic evidence, and require a Raleigh NC lawyer for criminal defense charges.

Juvenile Criminal Charges in North Carolina

If someone under 18 is accused of a crime in North Carolina, they’ll usually go through the juvenile justice system. This system is meant to be more focused on rehabilitation than punishment. Most cases involving juveniles go through Juvenile Court, and the records are typically sealed. But there are exceptions. For serious crimes or repeat offenders, a minor can be transferred to adult court.

North Carolina raised the age for juvenile jurisdiction in 2019. Now, most 16- and 17-year-olds charged with nonviolent crimes are handled in juvenile court (G.S. § 7B-1501 et seq.). But violent crimes like rape, robbery with a dangerous weapon, or murder can still land a teenager in adult court.

If your child is facing charges, you want a juvenile defense lawyer who understands both the juvenile and adult systems. The stakes are high, and the outcome can affect the rest of their life.

Your Rights During Police Questioning in North Carolina

You always have the right to remain silent. If police want to question you, you are not required to answer anything except for identifying yourself. The best thing to say is, “I want to speak with a lawyer.”

Officers may try to make you feel comfortable so you’ll talk. They may say things like, “You’re not in trouble,” or “We just want to clear things up.” Don’t fall for that. Once you start talking, you could be giving them evidence they’ll later use in court.

You also have the right to legal counsel. If you ask for a criminal attorney in North Carolina, they must stop questioning you. It’s not enough to stay silent—you have to clearly say, “I want a lawyer.” Once you do that, don’t say anything else until your criminal defense attorney Raleigh NC is present.

Sealing or Expunging Your Criminal Record in North Carolina

North Carolina allows certain criminal records to be expunged, which means they are erased from public view. This can be life-changing if you’ve had trouble getting a job, housing, or education because of a past arrest or conviction.

Expungement is allowed under G.S. § 15A-145 and related statutes. You may be eligible if your charges were dismissed, you were found not guilty, or you were convicted of certain nonviolent misdemeanors or low-level felonies. There’s usually a waiting period—often 5 to 10 years after the conviction or completion of the sentence.

A North Carolina expungement and record sealing lawyer can help you file the correct paperwork, argue your case in court, and follow through with all requirements. Expungement laws change often, so you need someone up to date on the latest rules.

How a Criminal Defense Attorney in Raleigh NC Helps Your Case

An experienced Raleigh NC defense lawyer knows how to examine the evidence, protect your rights, and build a strong defense. Whether it’s negotiating with prosecutors or arguing in court, your attorney is there to push for the best possible outcome.

In some cases, they can get the charges dropped or reduced before trial. They may file motions to suppress evidence if your rights were violated. At trial, they’ll question witnesses, present evidence, and raise reasonable doubt in front of the judge or jury.

Without a lawyer, you may not understand the procedures or deadlines that could affect your case. Having a strong Raleigh NC defense lawyer on your side gives you a much better chance of avoiding a conviction or minimizing the damage.