What to Know About Larceny in North Carolina

Taking someone else’s property without their permission is generally punishable under the law. North Carolina takes these types of crimes seriously. The punishment for shoplifting, also known as larceny, is dependent upon the value of the goods that were stolen. 

Larceny Crimes Based on Value of Goods

If the value of the items that were stolen is less than $1,000, it is considered a Class 1 misdemeanor. However, if the stolen goods have a value of at least $1,000, it is considered a Class H felony and charges will be given accordingly. In order for an individual to be charged with either Class of larceny, he or she must have left the premises with possession of the stolen goods. 

While North Carolina separates larceny crimes based on the value of the goods, there are certain types of larceny that automatically constitute felony charges. Such types of larceny include:

  • Theft of an explosive device, firearm, or state archive;
  • Crimes involving breaking and entering; and
  • Theft in which the offender steals something from an individual’s person (an item directly from that person).

It is also illegal to hide items for the purpose of stealing them. However, concealment of merchandise is a separate crime and constitutes a misdemeanor. 

Penalties for Larceny

If someone is found guilty of a Class 1 misdemeanor larceny, he or she will receive between one and 45 days in jail. The actual length is based upon other factors such as the individual’s criminal history as well as the facts and circumstances of the specific case. As for a felony larceny conviction, the penalty is anywhere from four to eight months in prison, also depending on the particular facts and circumstances of the case. 

Those convicted of concealing merchandise (without leaving the premises) will face penalties based upon whether this is a first offense.

For a first offense (Class 3 misdemeanor) they will receive 24 hours of community service. For a second offense (Class 2 misdemeanor) they will receive 72 hours of community service and 72 hours in jail and/or probation. For a third offense (Class 1 misdemeanor) they will receive at least 11 days in jail. 

It’s important to note that aside from these criminal penalties, those convicted of larceny charges will also be subject to civil penalties, such as being required to reimburse the store owner for the value of the goods and/or attorney fees. In some cases, they may also be subject to punitive damages. 

Joel Hancock at Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with Larceny 

If you have been charged with larceny or concealing merchandise, you have the right to defend yourself and prove your innocence. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight this order. To learn more or to schedule a free consultation, contact us today!

Non-Legal Consequences of a Sex Crime Conviction

Some of the most serious crimes that someone can be accused of are sex crimes such as rape, and sexual assault. For this reason, those who are convicted of such crimes face steep fines and significant prison sentences. You will also lose certain rights such as owning or possessing a firearm (for violent sex crimes) and the right to vote. Convicted of a felony, you may also never serve in the military or sit on a jury. However, these aren’t the only consequences of such a conviction. There are also non-legal consequences that can prove just as – if not even more – impactful. 

1. Your reputation will be ruined.

While any criminal conviction can greatly impact your reputation, a criminal conviction for a sex crime can impact you immensely. Criminal convictions are part of court records, which are accessible to the public. Therefore, anyone who runs your name in a government database can see what you were convicted of. Because of your conviction, it can be difficult to overcome the perceptions that others have of you and equally difficult to maintain or establish relationships. 

2. It may be hard to find rental housing.

Since your criminal conviction is available to the public, any potential landlords who would consider renting a property to you may choose not to. Most forms you will be required to fill out to rent will ask you about your criminal history as well. Since background checks are pretty standard for renting out properties, it may be hard to obtain rental housing. 

3. You may find great difficulty getting a job. 

When you apply for a job, background checks are the “norm.” Therefore your conviction for a sex offense may deter most employers. If your profession involves a licensing board (such as nursing or law), it’s almost guaranteed that your conviction will force you out of your industry altogether. 

4. You may be deported from the country. 

Individuals who are green card holders can be deported for crimes known as “crimes of moral turpitude.” Sex crimes fall under this category and can lead to your deportation from the U.S. If you are deported you may never be allowed back in the country again. 

Joel Hancock at Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with a Sex Crime

If you have been charged with a sex crime, you should take it very seriously. It’s important to understand that you have the right to defend yourself and prove your innocence. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight this order. To learn more or to schedule a free consultation, contact us today!

Here’s Why You Should Always Follow a Protective Order

If a protective order for domestic assault has been filed against you, you may be extremely hurt, angry, confused, and wonder what to do next. You may think that the order is inappropriate or uncalled for, you may even think that the individual who filed it lied about what happened and that it is unnecessary. Here’s what to know about protective orders and why it’s imperative that you file one once it’s been filed – no matter how you feel about it.

Types of Protective Orders

There are two types of protective orders:

  1.  Ex parte; and 
  2. Permanent. 

Ex parte orders allow you the opportunity to present a defense to the order. But regardless of the type of order, never violate it. There are serious consequences if you do.

Ex Parte Order vs. Permanent Order

Under North Carolina law, an alleged victim has the ability to request that a protective order be put in place immediately. Should that immediate order be approved by a judge, it is considered ex parte, or temporary. It will be in effect until the date of a hearing at which the plaintiff, or alleged victim, and the defendant, the person subject to the order, can present their sides to the judge. If the judge sides with the defendant the order is dropped, but if the judge sides with the plaintiff, the order becomes permanent. However, it’s important to note that a permanent protective order is not, in fact, permanent. Generally, a permanent order stays in effect for up to one year. 

What Does a Protective Order Prevent or Require?

When a protective order is filed, a judge has the right to decide what the defendant is allowed to do, what he or she is precluded from doing, and what he or she must do. For instance, a judge can file an order that requires that:

  • The defendant has no contact (of any kind) with the plaintiff;
  • The defendant must move out of the residence they share with the plaintiff;
  • The plaintiff has temporary custody of any children; and/or
  • The defendant stays a certain distance from the plaintiff’s place of work, school, or home residence. 

As mentioned, the defendant is required to follow all parts of the protective order until it expires – unless it is renewed by a judge. 

What Are the Consequences of Violating a Protective Order?

It’s important to note that a protective order will not appear on the defendant’s criminal record. However, if the defendant violates the order in any way, it may result in a criminal arrest. Under North Carolina law, a first violation of a protective order is a misdemeanor, with any subsequent violation considered a felony. This can result in a steep fine or even jail time. 

Joel Hancock at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Hit with a Protective Order

If you have been hit with a protective order that you don’t believe you deserve, you may have options. If an ex parte order of protection has been filed against you, you have the right to defend yourself and prove your innocence. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight this order. To learn more or to schedule a free consultation, contact us today!

What is the Safety Valve Provision and How Can it Lessen Federal Sentencing?

When someone is convicted of a specific crime or accepts a plea bargain, they automatically receive at least a pre-established minimum sentence for that crime. It may come as a surprise that it’s actually Congress – not a judge – that sets those minimums. The judge can choose to increase the sentence from the minimum required, but cannot lessen the sentence – except for the Safety Valve Provision if it’s applicable. 

What Is the Safety Valve Provision?

In 1984 Congress passed the Safety Valve Provision as part of the Sentencing Reform Act. The purpose of the Safety Valve Provision was to ensure that individuals convicted of non-violent, low-level offenses who didn’t have a criminal history did not receive unreasonably disproportionate sentences. It generally applies to drug crimes with a mandatory minimum.

Each federal crime carries its own offense level, which falls between one and 43; the higher the number, the more serious the crime or aggravating factors. The Safety Valve Provision provides a two-point reduction in the offense level. Alternatively, if a suspect is found to obstruct justice during the investigation, the offense level is then increased by two points. If that same person is shown to be remorseful for their wrongdoing, their offense level may be decreased by two points. While two points may not seem like much, those two points can help to drastically reduce the length of one’s sentence. 

Who is Eligible for the Safety Valve Provision?

The Safety Valve Provision does not apply to everyone; the individual must be eligible for it. To be eligible, the individual must meet the following requirements:

  • Limited Criminal History

If the offender has a criminal history, the sentencing guidelines will assign specific appoints to those prior convictions. They must not have more than four points for their criminal history (not including any one-point offenses).

  • No Violence, Credible Threat, or Dangerous Weapon

The crime that the individual committed must have been a non-violent crime and they must not have made any credible threats of violence. Additionally, they must not have possessed a firearm or dangerous weapon at the time that the crime was committed. The Court will also examine whether the offender convinced anyone else to commit violence or possess a firearm during the crime.

  •  No Death or Serious Injury

The offense committed must not have resulted in any deaths or serious bodily injuries. 

  • Not the Leader or Organizer 

The offender must not have led, organized, or managed a group committing the crime. 

  • Cooperation with Investigators

The offender must have cooperated with investigators and provided them with comprehensive information and evidence pertinent to their conduct in the case. 

Which Criminal Cases Eligible for the Safety Valve Provision?

Not every crime is eligible for the Safety Valve Provision either. In fact, only those crimes that the statute lists are eligible. These charges include:

  • Distribution, manufacturing, or dispensing of a controlled or counterfeit substance;

 

  • Simple possession of a controlled substance; 

 

  • Attempt and conspiracy to distribute, manufacture, or dispense a controlled or counterfeit substance; and 

 

  • Importing or exporting a controlled substance or bringing it on board a vessel, aircraft, or vehicle. 

Attorney Joel Hancock at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with a Crime

If you have been charged with a crime, you may have options. You have the right to defend yourself and prove your innocence. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight this order. To learn more or to schedule a free consultation, contact us today!

What to Know About Embezzlement in North Carolina

Embezzlement, often referred to as a white-collar crime, is the taking of money, funds, or other property that is received because of the individual’s job or their office, and he or she knowingly converts such assets for his or her own use. Put simply, when someone is trusted to manage money or other property and they steal it, it is considered embezzlement. 

Multiple Incidents

It’s important to understand that often embezzlement involves more than just one incident; rather it occurs over a period of time. In an effort to hide what is going on, the individual stealing the money or property does so with small funds at a time, ultimately resulting in a large sum of money or property. 

Examples of common embezzlement include:

  • Writing false checks from a business to oneself and cashing them;
  • Overcharging customers and taking the excess fees;
  • Using company property or resources for personal gain;
  • Creating false employees and issuing paychecks to oneself;
  • Stealing company property; or
  • Stealing money from a cash register. 

Embezzlement vs. Larceny

You may be thinking that embezzlement sounds a lot like the crime of larceny. However, there is one major difference. While both crimes involve the theft of money or assets, an individual who is embezzling has been previously trusted with such money or property. 

In order to prove embezzlement, the following elements must be met:

  1. The accused was in a fiduciary relationship with the victim;
  2. The accused obtained the money or property through his fiduciary relationship;
  3. The accused’s actions were intentional; and
  4. The accused took ownership of the property or gave it to someone else.

A fiduciary relationship may include a relationship with a:

  • Accountant
  • Financial advisor
  • Insurance adjuster
  • Corporate officer 
  • Employee
  • Officer of a charitable organization
  • Public or governmental official
  • Family member if entrusted to care for someone or handle their estate

The Consequences of Embezzlement

The penalties for an embezzlement conviction depend upon the perpetrator’s relationship to the victim and the amount of money or property taken.

  • Public employees and government officials – If more than $100,000 was embezzled, it is considered a Class C felony with a sentence of 58 to 73 months in prison; if less, then a Class F felony with a sentence of 13 to 16 months in prison. 

 

  • Treasurers of charitable organizations – If more than $100,000 was embezzled, it is considered a Class C felony with a sentence of 58 to 73 months in prison; if less, than a Class H felony with five to six months in jail.

 

  • Employees, officers, clerks, and agents of a corporation – If more than $100,000 was embezzled, it is considered a Class C felony with a sentence of 58 to 73 months in prison; if less, than a Class H felony with five to six months in jail.

Restitution

Aside from a prison or jail sentence, you may also be required to pay restitution to the victim. Restitution is essentially restoring the victim of what you stole. This can be paid in installments or a lump sum. Furthermore, you may stay on probation until you have completed your payment. 

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with a Crime

It can be incredibly scary to be arrested, and even more frightening to learn that you are going to be prosecuted under the criminal justice system. Not only the outcome of the case, but the experience itself can have a major impact on your life. That is why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight these charges and obtain the best possible outcome. To learn more or to schedule a free consultation, contact us today!

When Can Criminal Charges Be Dropped in North Carolina?

When you’ve been charged with a crime it can be an extremely overwhelming time. You want to prove that you are not guilty, but you’ve probably spent a lot of time wishing the situation would go away entirely. And sometimes, it does. The best outcome – regardless of the seriousness of the accusations against you – would be for the charges to be dropped before you ever go to trial. The good news is that this can occur. 

The Prosecutor Holds the Power 

The only person who has the power to voluntarily dismiss your criminal charge is the prosecutor. When you are charged with a crime, you are actually being prosecuted by the state of North Carolina. The prosecutor will take a number of factors into consideration when making their decision. Here are reasons why your charges may be dropped or dismissed in North Carolina:

  • The prosecutor knows that based on the facts the elements required to prove the crime cannot be proven to standard necessary: beyond a reasonable doubt;
  • The witnesses who would help to prove the case are either unavailable or refuse to appear in court;
  • The police infringed upon your constitutional rights when they conducted their investigation (e.g. unreasonable search and seizure of your property, lack of Miranda warning while interrogated under custody, etc.); 
  • Your attorney negotiated on your behalf for a dismissal of your case in exchange for treatment, assessment, or community service. It’s important to note that generally this does not involve the judge. 

Refrain from Contacting Witnesses or Alleged Victims During Your Case

Remember that you should never contact the state’s witnesses or any alleged victims to discuss your case. This is because you want to avoid the appearance of being coercive or threatening. Rather, it’s in your best interest to consult with a knowledgeable and experienced criminal defense attorney in North Carolina who has experience negotiating with the District Attorney and Assistant District Attorneys. He or she will work in your best interest to have your charges dismissed or reduced. 

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Whose Child Has Been Charged with a Crime

It can be incredibly scary to learn that you are accused of a crime and are going to be prosecuted under the criminal justice system. Not only the outcome of the case, but the experience itself can have a major impact on you. That is why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight these charges and obtain the best possible outcome. To learn more or to schedule a free consultation, contact us today!

Types of Auto Theft in North Carolina

Unfortunately, the theft of motor vehicles in North Carolina is not uncommon. It’s important to understand that there are different types of theft as well as other crimes that may apply when an individual uses, damages, or misappropriates an auto vehicle. 

North Carolina varies from some other states in that it does not have a specific motor vehicle theft law. These auto theft crimes are prosecuted under North Carolina’s crime of larceny, or theft. When a person takes another’s motor vehicle with the intent to permanently deprive the owner of it or when someone receives or possesses a stolen car, this is considered to be the crime of larceny. 

When someone steals a part or piece of a vehicle that is valued at $1,000 or more, this is considered to be the crime of larceny of a motor vehicle part. This value includes not only the part itself but the cost of labor to have it reinstalled or reattached to the vehicle. Larceny of a motor vehicle part is a Class I felony.

Additional Car-Related Offenses

Aside from motor vehicle theft, North Carolina recognizes and punishes other car-related offenses. 

Carjacking

Carjacking is when someone takes a car by force or threat of force. While North Carolina does not have a specific carjacking statute, it treats such offenses under the crime of robbery.

Joyriding

Joyriding occurs when someone takes another’s vehicle without their permission but also does not intend to permanently deprive the owner of their vehicle. In other words, they don’t have permission to borrow it, but they didn’t intend on keeping it. Joyriding is classified as an unauthorized use of a motor-propelled conveyance and is a Class 1 misdemeanor offense.

Keeping a Rental Car

It can be a criminal offense to maintain possession of a rental car after the time period agreed upon has expired. Again, while there is no specific law for this in North Carolina, the state will often charge this as larceny or joyriding. 

Legal Defenses to Auto Theft

While there are a variety of legal defenses to auto theft, here are some of the most common:

Consent

One defense to auto theft is consent. The individual accused may have had permission or believe that they have permission from the owner of the vehicle to use it. When this is the case, the individual is not guilty of larceny. Generally, when an individual raises this defense it’s because they had permission on one or more previous occasions and believed that it would be reasonable for that consent to continue. 

Mistake of Fact

Another defense is mistake of fact. This occurs when someone uses or borrows a stolen vehicle but is unaware that it was stolen. This individual cannot be found guilty of larceny of a motor vehicle. 

Permanent Deprivation

In order to commit larceny of a motor vehicle, the individual in question must intend to permanently deprive the owner of the vehicle of its use or possession. However, this individual may still be guilty of joyriding. 

Consequences

Motor vehicle theft can be considered a misdemeanor or a felony depending upon the facts and circumstances of each case. If someone is convicted of larceny, they may face jail or prison, probation, fines, and/or more. 

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with Auto Theft

If you or a loved one has been charged with auto theft or a related crime, it’s imperative that you contact a North Carolina criminal defense attorney as soon as possible. You may have a legal defense. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you fight your charges and obtain the best possible outcome for you. To learn more or to schedule a free consultation, contact us today!

Childhood Trauma May Serve as Mitigating Factor Concerning Violent Crimes

While all crimes are to be taken very seriously, violent crimes are considered much more serious than other “victimless” crimes, such as traffic offenses. As a result, those who are convicted of a violent crime often face lengthy jail sentences and hefty fines – not to mention a criminal record, which often impacts everything from where you can live to where you can work. This is why providing a defense against these accusations can be a good idea. Even if convicted, certain statements to the court may help to lessen the severity of your sentence. These are known as mitigating factors. 

One method that may prove very helpful is to ask the court for leniency through the presentation of childhood trauma, as there is a psychology often associated with violent crimes. 

The Origins of Much Violent Crime

Violent crimes usually don’t happen in a vacuum. Many people adopt violent behaviors in order to protect themselves from harm or simply put, to survive. When resources are scarce most people will go into survival mode. Individuals who have suffered childhood trauma or who have, themselves, been the victim of violent crime are likelier to commit violent offenses later on. 

Violent behaviors are often an effect of a subconscious need to protect oneself. Therefore, one of the better solutions for these individuals to heal and move beyond their issues is to seek counseling and probation – not incarceration. Community support can also make a big difference. 

Consider Your Background and Childhood

If you have been charged with a violent crime, it may prove extremely helpful to take a look at your background, including your childhood, to determine if there are factors that may help to mitigate the charges against you. This is not to say that you are denying responsibility, but that the punishment should take these factors into consideration. You may wish to request rehabilitation rather than incarceration. This is where an experienced attorney can prove very helpful. He or she can learn about your background and help to determine factors that may help your case. 

Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with a Violent Crime

It can be incredibly scary to be arrested, and even more frightening to learn that you are going to be prosecuted under the criminal justice system. Not only the outcome of the case, but the experience itself can have a major impact on your life. That is why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight these charges and obtain the best possible outcome. To learn more or to schedule a free consultation, contact us today!

What to Know About Open Container Laws in North Carolina

Driving under the influence of alcohol has long been understood as illegal. But what many may not know is that in North Carolina it is also illegal for someone to transport an open container of any alcoholic beverage in the passenger area of the vehicle while the vehicle is parked or being driven on a public roadway. Under North Carolina law, an open container is one in which the seal is broken. The passenger area of a vehicle is any area in which someone sits and any area within the reach of a person who is seated in the vehicle. For example, the passenger area would not only include the front passenger seat, but also the glove compartment. 

This law also pertains to both drivers and passengers of the vehicle. It’s important to understand that there is no law against transporting an unopened (closed) container of alcohol. Put simply, you can’t bring your open bottle of wine home from your favorite BYOB restaurant, but you can bring home an unopened bottle of wine that you purchased from the liquor store. 

Any open containers must be kept in areas of the vehicle that are inaccessible, such as the trunk or a locked area. If the vehicle does not have a trunk, open containers are legally allowed to be transported in the area behind the back seats. 

It’s also important to understand the beverages to which this rule applies. Such alcohol beverages this rule pertains to include:

  • Fortified and unfortified wine;
  • Spirituous liquor (hard alcohols such as vodka and tequila);
  • Malt beverages; and
  • Mixed beverages.

Are There Any Exceptions to the Law?

It should be noted that there are, in fact, a couple of exceptions to North Carolina’s open container law. The exceptions include having alcohol:

  • In the living quarters of a motor home or house vehicle; or
  • In the passenger areas of taxis, limos, buses, and other vehicles-for-hire.

What Are the Consequences?

The penalties someone faces for an open container violation are dependent upon the specific facts of each case. Depending upon the circumstances, a violation could be considered a misdemeanor or an infraction. 

Infractions, which are non-criminal violations in which the offender cannot be arrested, occur when a driver or passenger is in possession of an open container (and the driver does not have alcohol in his or her system and is not consuming it). Infractions result in a maximum fine of $100 plus costs. 

An open container misdemeanor, on the other hand, is issued when a driver is consuming alcohol or has it in his or her system while also transporting an open container. Such an offense is considered a Class 3 misdemeanor, with a subsequent offense being considered Class 2. Those charged with Class 3 misdemeanors will face up to 20 days in jail, while those with a Class 2 misdemeanor may face up to 60 days. For many individuals with a Class 2 misdemeanor, they will receive a fine and probation if convicted. 

 If a driver is charged with a misdemeanor open container offense, they will also likely be subject to North Carolina’s implied consent laws and must submit to a breath or blood test. Those who refuse to take the test or who test with a BAC of .08% or higher will likely have their license revoked (6-month- and one-year-required revocation for second convictions and third or subsequent convictions respectively.)

Additionally, open container violations are considered to be moving violations in North Carolina and the state DMV will potentially assess points against the driver’s license. 

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with a Crime

It can be incredibly scary to be arrested, and even more frightening to learn that you are going to be prosecuted under the criminal justice system. Not only the outcome of the case, but the experience itself can have a major impact on your life. That is why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight these charges and obtain the best possible outcome. To learn more or to schedule a free consultation, contact us today!

Must Juvenile Sex Offenders Be Added to the Sex Offender Registry?

Regardless of the age of the alleged perpetrator, sex crimes are taken very seriously. However, it’s important to acknowledge that how North Carolina treats juveniles fares very differently than adults despite certain similarities. So, what does this mean when it comes to registering as a public sex offender? Must juveniles who commit the same crimes as adult sex offenders register as public sex offenders? Here’s what to know. 

When Must a Juvenile Register?

In North Carolina, if a juvenile is convicted of certain sex offenses, a judge can require them to register as a sex offender. However, this is only true for certain crimes. Juvenile offenders over the age of 11 are commonly ordered to register as a sex offender if they are found guilty of any of the following offenses:

  • First-degree statutory rape
  • Second-degree statutory rape
  • First-degree forcible rape
  • Second-degree forcible rape
  • First-degree forcible sexual offense
  • Second-degree forcible sexual offense
  • Attempted sexual offense or rape
  • First-degree statutory sexual offense

It’s important to discern that the fact that a juvenile has been convicted of a sexual offense is not enough by itself to require that they register as a sex offender. They must be ordered by a judge, who has the freedom to make that decision. In making this decision he or she must look at whether the juvenile is a threat to the community. Juvenile offenders who are convicted are required to register for the public sex offender registry with the sheriff’s office. 

If a juvenile is charged as an adult for one of the sex crimes that require sex offender registration, then the child is required to do the same things as an adult offender would do. 

Requirements for Registering as a Sex Offender

When a juvenile is required to register as a sex offender in North Carolina, the court must make them aware of this requirement, have them sign a form acknowledging that they are aware that they must register, and receive all required information. The court will then file that information with the sheriff’s office. There is a separate registry for children versus adult offenders. 

If a juvenile on the sex offender registry changes their address, they must notify the court of the new address. It’s also important to note that the information on the sex offender registry must be verified as true through the court. 

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with a Crime

It can be incredibly scary to be arrested, and even more frightening to learn that you are going to be prosecuted under the criminal justice system. Not only the outcome of the case, but the experience itself can have a major impact on your life. That is why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight these charges and obtain the best possible outcome. To learn more or to schedule a free consultation, contact us today!