828-712-5747 - nick@nickbenjaminlaw.com Call text or email for free consultation
If you need a criminal lawyer in Asheville or western North Carolina, call Benjamin Law first. Nick served the majority of his legal career as an assistant district attorney, handling everything from misdemeanor driving while impaired charges to first degree murder. At the end of his career as a prosecutor, he handled violent crimes and firearms offenses in Buncombe County. Prior to being a prosecutor, Nick was BLET certified and a police officer with the Asheville Police Department. Having been a trained police officer, and with dozens of jury trials and hundreds of bench trials as a prosecutor, he knows the law, he knows the process, and he knows where to look for the weaknesses. If you want the best Asheville criminal defense attorney, call Benjamin Law today.
Please email Nick at nick@nickbenjaminlaw.com if you cannot find an answer to your question.
For a class I felony - 24 months. For a class A felony - life.
North Carolina has structured sentencing, and most prison sentences (except drug trafficking) are based on the level of felony and the defendant's criminal record.
Felonies are categorized as A through I, with A the most serious (First Degree Murder) and I being the lease serious (possession of meth, for example). Once you know class of felony you are charged with, you then need to calculate your record level. Your record level is determined based on your prior convictions, but also other factors such as if there are aggravating factors in your case, or whether you have been convicted of this offense before. With the appropriate record level, you can determine the range of potential sentences based on the class of felony you were charged with. There are also other factors, such as probationary sentences, split sentences, supervised vs unsupervised probation, consecutive or concurrent sentences, and aggravating and mitigating sentencing factors.
You can see the sentencing charts and the corresponding minimum/maximum prison sentences here: https://www.nccourts.gov/documents/publications/punishment-grids
As you can see, calculating the potential jail time is difficult, which is why you need an experienced criminal defense attorney to help you.
150 days.
Misdemeanor sentences are based on the level of misdemeanor and the defendant's criminal record.
There are four categories of misdemeanors in North Carolina - 3 (the lowest level misdemeanor), 2, 1, and A1 (the highest level misdemeanor). Your criminal record level is determined based on your prior convictions. With the appropriate record level, you can determine how much jail time you are facing based on the class of felony you were charged with. There are also other factors, such as community sentences, intermediate sentences, probationary sentences, supervised vs unsupervised probation, and consecutive or concurrent sentences.
You can see the sentencing charts and the corresponding minimum/maximum prison sentences here: https://www.nccourts.gov/assets/documents/publications/Misd_Chart_120113.pdf
In short, you COULD serve 150 days for a single misdemeanor conviction in North Carolina, double that if you get consecutive sentences for multiple charges.
This is why you need a criminal defense attorney - don't jeopardize your freedom. Benjamin Law can help you avoid jail time and can negotiate with the district attorney for the best possible outcome.
Anywhere from $500 to $50,000 or more. This all depends on what you are charged with and how complex the case is. Fortunately, Benjamin Law gives free consultations. Call Benjamin Law today at 828-712-5747. You can also text. Or, email at nick@nickbenjaminlaw.com
A criminal defense lawyer can file a motion for bond reduction and argue for a reduced bond in court. Only a judge can authorize a reduced bond. Sometimes, a criminal defense attorney can talk to the district attorney and negotiate a reduced bond by consent. Each case is different. Call Benjamin Law at 828-712-5747 if you need a bond reduction.
This depends on what drug and the amount. Drug trafficking charges are classified as C through H felonies with minimum and maximum sentences and do not fall within normal structured sentencing. The lower level class H is a minimum of 25 months per offense. The higher level C trafficking has a minimum 225 month sentence.
There are ways to get out of the mandatory minimum/maximum sentences, which is why you need an experienced criminal lawyer. Call Benjamin Law for a free consultation. 828-712-5747
You can find your court date on the NC Courts website, here: https://www.nccourts.gov/court-dates
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