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Types of Auto Theft in North Carolina

Posted on March 17, 2022

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

Posted on March 3, 2022

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

Posted on February 18, 2022

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

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

Posted on February 7, 2022

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

Don’t Sleep in Your Vehicle When Intoxicated

Posted on January 22, 2022

When you’re out and you’ve had a few drinks, you likely know that you shouldn’t get behind the wheel of a car and drive. In an effort to be safe and protect yourself and others, you may make the decision to sleep in your car until you sober up. However, while this may be a safer option, it’s still not legal.

You may be surprised to learn that you don’t actually need to be driving a vehicle in order to be charged with DWI (driving while intoxicated) in North Carolina.

State DWI Laws

In North Carolina, in order to be found guilty of drunk driving, an individual must be operating a vehicle. But what specifically does it mean to “operate” one? Under state law, an operator is “a person in actual physical control of a vehicle which is in motion or which has the engine running.” Even if the vehicle is parked, if the engine is running someone can be charged with DWI – even if they are asleep. For instance, if it’s wintertime and you decide to sleep in the back seat of your car but you turn the car on solely for the heat, you could still be charged with DWI. However, if you are asleep in the back seat of your car but you do not turn the engine on, you may have a solid defense against DWI since you can argue that you were not operating the vehicle.

So What Should You Do Instead?

If you have been drinking it’s best not to sleep it off in your vehicle. Instead, try calling a friend or family member to come and pick you up. Alternatively, you can call a rideshare company, such as Uber or Lyft, to come and get you. Another possibility is to ask the host (if you are at someone’s house) if you can stay the night. If for whatever reason you have no choice but to sleep in your car, always do so in the back seat. But before you do, place the keys in the glove compartment, under the front seat, or in the trunk.

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

If you or a loved one has been charged with DWI, it can be extremely overwhelming – especially if you had no intention of driving. A conviction for DWI can have an immense impact on many aspects of 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.

How Do Parole and Probation Differ?

Posted on January 20, 2022

It is an extremely worrisome occurrence to be charged with a crime. While your first thought is likely how you can avoid a conviction, you may also be wondering what should happen if you are, in fact, found guilty. Punishments for the conviction of a crime include jail time, fines, and community service, as well as probation. However, people often confuse probation with parole. It’s important that you understand the major differences between the two.

Two Different Programs

Probation is a program that often acts as an alternative to going to jail when convicted of a crime. Parole on the other hand, while also a program, is for people who have been to prison but are released prior to the completion of their sentence.

Both programs involve being supervised by officers. People in both programs must check in with their supervising officer on a regular ongoing basis as the program requires. Each program also requires that the participant follows specific rules. These may include staying away from any known felons, possessing firearms, holding a job, and/or staying off of drugs. Some participants may be regularly tested for drugs.

Avoid New Legal Issues

While you should avoid getting involved with any new legal issues in general, it is especially important that you do so when you are on either probation or parole. In fact, if you get into any additional legal trouble, it could count as a violation of your program and you may end up with more serious consequences. For example, if you violate the rules of your parole by getting into other legal trouble, you could end up in jail to finish the remainder of your sentence. On the flip side, if you are able to make it through your program without violating the rules of your program, you will be released from the program in a timely manner.

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

There’s no doubt that being charged with and eventually prosecuted for a crime is very frightening. You may find yourself without any idea of where to turn and what to do. Not only the outcome of the case, but the experience itself can have a major negative impact on your life. No matter the criminal charges levied against you, a resulting conviction can forever change the trajectory of your life. For this reason, it’s in your best interest to consult with a knowledgeable and experienced North Carolina criminal defense attorney who will fight to have your charges reduced or eliminated altogether.

What Are the Differences Between Robbery and Burglary in NC?

Posted on December 27, 2021

You may have heard people talk about the crimes of robbery and burglary as if they are the same thing. However, it’s important to note that they are not. The penalties for both of these crimes depend upon the specific facts of each case and upon the criminal history of the defendant(s). Punishments could range from probation to lengthy prison sentences. So what are the differences between robbery and burglary in North Carolina?

In North Carolina, robbery is the theft of something from another person through the threat of violence. The penalties for this crime vary greatly depending upon whether or not the defendant used a weapon and whether the alleged victim suffered any injuries. Since the sentence for this crime can so greatly vary, some people prefer to accept a plea bargain for larceny instead of risking a serious penalty should they proceed to trial.

Burglary, on the other hand, is when someone enters a home, business, or other building with the intent to commit a felony. For instance, even walking through a door that is open into a garage that is open can be considered to be a burglary if it can be proven that the defendant intended to commit a felony when passing through the building. It doesn’t require that your intention was carried out or that crime was completed. Sentences for burglary also vary greatly depending on various factors such as the type of building that was entered, whether it was entered at night, and whether it was occupied at the time. Another lesser offense that you may be able to have your charges reduced to is breaking and entering.

While most people think of burglaries that occur in homes and businesses, burglaries can, in fact, occur in a multitude of other places, such as:

Factories
Churches or places of worship
Barns
Garages
Condominiums
Apartments
Public buildings
Schools
Ships
Warehouses
Railroad cars
Horse stables
Houseboats
Outbuildings

It is important to note that places that are used only for recreational purposes are not considered structures. This may include things such as:

Motorhomes
Tents
Tent trailers
House trailers
Telephone booths

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

What to Know About North Carolina’s First Step Act

Posted on December 17, 2021

Drug issues are running rampant in today’s current landscape. But people would not be able to obtain drugs without the existence of drug trafficking. Drug trafficking includes either the transport or sale of controlled substances to others. Drug trafficking is a more serious offense than drug possession since it impacts many more lives. Therefore, the penalties associated with it are much more serious as well.

While North Carolina usually requires its judges to comply with mandatory sentencing rules for drug trafficking, there is a new law that may change that depending upon the circumstances. The newly enacted First Step Act allows for a judge to depart from the rules in some cases. So, when exactly does the First Step Act apply? Here’s what to know.

The Circumstances of the Case

The circumstances of each case impact whether the First Step Act can apply to a drug trafficking case. The first requirement for the First Step Act to apply is that the accused must accept responsibility for his or her actions. Additionally, he or she must not have used a dangerous weapon or another type of violence when carrying out the alleged drug trafficking.

The Criminal History of the Alleged Trafficker

The next thing taken into consideration is the criminal history of the alleged trafficker. The individual who is charged cannot have any previous felony convictions – otherwise, the First Step Act cannot apply. While this includes prior drug charges, it also includes any other felonies. If there is any evidence that the accused was previously involved in either using violence to commit a crime or engaging in the manufacture, transport, delivery, or sale of a controlled substance, the First Step Act cannot apply.

The Amount of the Controlled Substances

The next factor in determining whether the First Step Act can apply is the amount of the controlled substances involved. The amount of the controlled substance in the accused’s possession must fall within the lowest category for trafficking that type of substance.

If the court finds that the First Step Act can apply, the individual who is accused may be able to receive limits on their sentence should they be convicted.

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

If You’re Arrested Refrain from these 4 Things

Posted on November 27, 2021

When you have been arrested, you may not know what to do. It can be a very frightening time. But before you take the proper steps for what to do next, keep in mind the things that you should not do. If you are arrested, refrain from doing the following four things.

1. Talk About the Case

Whenever something upsetting occurs, we often want to speak with someone else who can help to calm us down or provide support. Unfortunately, when you have been arrested it is never a good idea to speak with anyone else about your case other than your attorney. This includes family, friends, inmates (if you are incarcerated), or even the police. Even if someone seems trustworthy, it’s not worth the risk. In addition, to forgo speaking to someone about your case, you should also avoid putting anything at all in writing. This includes social media. Anything that you put onto the Internet (or in writing at all) can always come back and be used against you.

2. Avoid Calling an Attorney

We get it; when you have made bail or are facing potential fines and shelling out large sums of money, the last thing you probably feel like doing is paying for an attorney. However, hiring an attorney is one of the best chances you have for having to shell out less money in the future. A qualified criminal defense attorney is an investment. He or she can help to explain to you how to best proceed with your specific case and can better ensure that you don’t do anything else that could make your case worse.

3. Do Anything Else Illegal

Although it may seem like a no-brainer, it’s extremely important that you refrain from doing anything at all that could land you in additional trouble with the law. Put simply, if you have been arrested, it’s imperative that you lead a very “quiet” life until your trial date.

4. Be Less than Honest with Your Attorney

Sure, it may feel like you only want to share things that will paint you in a positive light, but it won’t actually help you in the end. In order for a criminal defense attorney to provide you with the best chance of having your charges reduced or even dropped, you must be completely honest with them. Your attorney is there to help you; not to judge you. If you fail to be upfront about the details of your case, it could make things worse for you if they come out later on.

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

When Can the Cops Lie to You?

Posted on November 17, 2021

We expect our police officers to do the right thing. That’s why we expect that they must always be honest when you ask them a question. However, this isn’t always the case. While there are times when a police officer is obligated to answer your question honestly, there are also many different situations in which they are legally allowed to lie to you directly or by omission. Police officers can even lie about being a cop when they are investigating a potential criminal act. To put it simply, there are many different topics on which they are legally permitted to give you misleading information.

What Are Your Legal Rights?

First thing’s first: it’s imperative that you know your rights. A police officer must always inform you of your rights before conducting a custodial interview or interrogation. These rights, also referred to as your “Miranda rights”, include the right to remain silent and the right to an attorney. This is important to understand because it means that if a police officer interrogates you while you are in custody without first advising you of these rights, anything that you say during this conversation may be suppressed in a court of law – even an admission.

What Do Cops Commonly Lie About?

But although police officers are required to tell you about your legal rights, they don’t have to be honest when telling you about the evidence in your case. Rather, a police officer can legally lie to you regarding the type or amount of evidence that he or she has on you. In other words, he can tell you that they have the gun that was used in an alleged homicide – even if they have no idea where it is. This is done for the purpose of pressuring you into making a confession.

Unfortunately, sometimes people even confess to things that they didn’t do because the pressure is so great. Therefore, before you respond to any questions asked of you, it’s in your best interest to request an attorney. Just be sure to state that you want an attorney rather than that you think you should have one. If you state the latter, you haven’t officially invoked your right to an attorney, and what you say after that can still be used against you.

Police also commonly lie about witnesses. They may say that they have witnesses and/or video surveillance of the incident even when they have absolutely nothing of the sort. Again, this is a tactic they use in order to try to evoke a confession from you.

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

It can be incredibly scary to be accused of a crime, 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.