admin, Author at Hancock Law Firm

Breaking and Entering in NC: When Is It a Felony?

Posted on March 24, 2021

The crime of “breaking and entering” is as it sounds: going into someone else’s property (forcibly) without first receiving permission from those who reside there or own the property. But depending upon the type of property and the intent of the crime that was committed, you can be charged with either a misdemeanor or a felony.

When is Breaking and Entering a Misdemeanor

Under North Carolina law, breaking and entering in North Carolina is a misdemeanor when someone wrongfully enters into a building without proper consent. But what is considered a building?

A building is any home or even an uninhabited home, a property under construction, or a structure designed to house activity or property. While it is “only” a misdemeanor, breaking and entering in North Carolina is the most serious level of a misdemeanor under state law: a Class 1 misdemeanor.

A Class 1 misdemeanor is punishable by a court-ordered fine and up to 120 days in jail.

When is Breaking and Entering a Felony?

So if wrongfully entering a building without proper consent is a misdemeanor, when is breaking and entering a felony?

Breaking and entering can be charged as a felony in North Carolina when someone enters a building without proper consent and intends to commit a felony once he or she is inside. For instance, if someone breaks and enters a building with the intent to injure the occupant, they could be charged with a felony. However, it must be able to be proven in court that the defendant’s intent was to (in this case) injure the individual inside.

This can be difficult, as we don’t always know what’s in someone else’s mind. That’s why it’s important to point out that the defendant’s intent doesn’t need to be proven for someone to be found guilty of felonious breaking and entering. Rather, the defendant’s intent can be inferred through his or her actions. If the judge or jury can make such an inference, that is good enough.

Felony breaking and entering in North Carolina is considered a Class H felony and is punishable by a court-ordered fine and up to 25 months in prison.

Other Serious Breaking and Entering Offenses

Place of Worship

If a person is found guilty of breaking and entering into a place of worship, such as a church, synagogue, mosque, chapel, temple, meetinghouse, or other building regularly used for religious worship, he or she can be charged with felony (Class H) breaking and entering as well.

Motor Vehicle

If a person is found guilty of breaking and entering into a motor vehicle with the intent to commit larceny or another felony, he or she can be charged with a Class I felony, punishable by up to one year in jail if convicted.

Attorney Joel Hancock at Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with Breaking and Entering

A criminal conviction of breaking and entering in North Carolina can have a very long-lasting impact on your life. Not only can it affect your ability to obtain or keep certain jobs, but also it can have a permanent impact on your reputation. That’s 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 fight these charges and obtain the best possible outcome for you. To learn more or to schedule a free consultation, contact us today!

What Is False Imprisonment in North Carolina?

Posted on March 10, 2021

While you may think of “imprisoning” someone as locking them in a room, your actions need not be so extreme for you to be guilty of a crime. In North Carolina, the common law crime of false imprisonment is the unlawful restraint of another person.

In order to be convicted of false imprisonment, the prosecution must prove the following elements beyond a reasonable doubt. In other words, if there is any reasonable possibility that you may not have committed the crime, the jury or judge must acquit you of the charges.

Elements of False Imprisonment in North Carolina

False imprisonment occurs when an individual:

Intentionally or unlawfully
Restrains or detains
Another person
Without that person’s consent.

Consequences for False Imprisonment

As a stand-alone crime, false imprisonment is considered a Class 1 misdemeanor and therefore follows the state guidelines for misdemeanor sentencing. However, false imprisonment is often charged along with the crime of kidnapping, which could raise the class to something more serious.

How Does False Imprisonment Often Occur?

When you get into an argument with a friend or significant other, you may block the doorway in an attempt to get them to stay and finish the conversation. However, this is a common manner in which false imprisonment is seen. Often false imprisonment occurs in relation to domestic disputes in which someone prevents their partner from leaving by physically blocking their exit or by threatening them in some manner if they try to leave.

Exceptions to False Imprisonment

While the aforementioned elements equate to false imprisonment, there are certain exceptions in which these actions are excused.

Law Enforcement

It is not false imprisonment when a police officer has probable cause to arrest and charge someone with a crime but later finds that the individual was not guilty or the charges against him or her were dismissed.

When a police officer is guilty of misconduct, prosecutorial misconduct, or judicial misconduct that leads to wrongful imprisonment it’s generally considered a civil matter that must be resolved with a lawsuit.

Shopkeepers Privilege

Sometimes a shopkeeper (merchant) has the legal right to detain someone whom he or she suspects has shoplifted something from the store. However, this detention must be done in a manner and length of time that is reasonable. This can be done while waiting for the police to come and deal with the situation.

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

A conviction for false imprisonment can have a relatively significant impact on you. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible.

Communicating Violent Threats is a Crime in North Carolina

Posted on February 24, 2021

Free speech is one thing that differentiates the United States from many other countries. Under the Bill of Rights, you are protected permitted and protected to speak your mind. However, not all speech is protected under the First Amendment. There are, in fact, certain types of speech that are illegal.

One type of speech that is not protected is violent threats. Communicating violent threats is actually a class 1 misdemeanor in the state of North Carolina and comes with its own set of penalties. In fact, in North Carolina, class 1 misdemeanors can result in a fine and up to 120 days in jail.

Requirements for a Charge of Communicating Threats

There are three requirements that must be present in order for someone to be charged with communicating a threat. These include the following:

The individual must threaten to physically injure someone;
The individual must communicate this threat to the victim; and
The individual who is being threatened must reasonably believe that the threat will be executed.

Increasing the Penalties

While you may believe that anything that you say online stays there, it can actually greatly impact you offline as well. Additionally, if you threaten someone outside of the state online, it can actually be considered a federal crime and can greatly increase the penalties you will face.

Another situation that can greatly increase the penalties that you face is if you communicate threats while there is a protective order in place. Making threats when there is a protective order in place firstly violates the protective order. This act alone is considered a Class A1 misdemeanor and can result in up to 150 days in prison. If you are also charged with communicating threats, you can be charged with a Class H felony, which can result in up to 25 months in prison.

Another charge that can increase your penalties is when your communicated threats are considered domestic violence. This can occur when you and the victim share a personal relationship.

Dealing with the Consequences

No matter how you frame it, it is never acceptable to threaten anyone. Whereas you didn’t intend to carry out a threat, you can still be charged with communicating the threat nonetheless and must deal with the consequences.

While you can’t take back what has already been said, you can work with a knowledgeable and experienced North Carolina criminal defense attorney to minimize the outcome.

Attorney Joel Hancock of Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with Communicating a Threat

A conviction for communicating a threat can have a relatively significant impact on you. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible.

Reasonable Suspicion for Texting While Driving in North Carolina

Posted on February 10, 2021

While we live very fast-paced lives, often multi-tasking, certain things are illegal to do at the same time. One such thing is texting while driving. When you are operating a motor vehicle, you may not also be on your phone. But how does an officer have reasonable suspicion, known as probable cause, to stop a vehicle in North Carolina? After all, it can be very difficult to prove that you were texting at the time that you were stopped by law enforcement.

So why is texting while driving illegal? When you take a look at the statistics it’s easy to understand. Distracted driving is one of the leading causes of accidents in the United States.

A Serious Issue

In fact, according to the National Highway Traffic Safety Administration (NHTSA), from 2013 until 2018 there were about 23,000 accidents that resulted in a fatality due to distracted driving. For this reason, North Carolina is one of 48 states that have passed laws making texting while driving and distracted driving illegal.

While it’s hard to say exactly how many accidents occur as a result of texting, it is likely significantly unreported or underreported. This is because those who engage in it understand that it is against the law. Younger, less experienced drivers perpetrate a good amount of these accidents.

Unfortunately, it is not a lack of understanding that causes drivers to engage in illegal behaviors. Rather it is a lack of regard for the law.

Sufficient Probable Cause

Although it may prove difficult for a police officer to physically see you in the act of texting, he or she may be able to develop sufficient probable cause to stop you or reasonable suspicion to suspect criminal activity based upon how you are driving.

Under North Carolina law, not only is it illegal to text while driving, but it is also illegal to read texts or emails or to type multiple letters, responding to texts, emails, social media posts, or the like.

Consequences of Texting and Driving

While texting while driving is generally considered an infraction, it can still result in court costs and a fine of $100 if you are convicted. However, if you are found to be texting while driving a school bus, you will be charged with a Class 2 Misdemeanor offense, which could lead to jail time depending upon your prior record. While you will not receive points for texting and driving, the act of even getting into an accident can negatively impact your vehicle insurance rates.

It’s important to remember that to be pulled over – for any crime – law enforcement must have reasonable suspicion. If you have been charged with texting and driving after being issued another traffic ticket or motor violation, it’s important to examine the facts of the case.

Attorney Joel Hancock at Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with Texting and Driving

A conviction for texting and driving can have a relatively significant impact on you. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible.

criminal defense attorney speaking to jury

Are There Defenses to a Sex Crime Charge?

Posted on January 24, 2021

Sexual assault is a very serious criminal offense. While states vary slightly in how they define it, the elements of the crime remain the same. Sexual assault generally refers to a crime in which someone is subjected to unwanted sexual contact by another. These involuntary sexual interactions usually occur as a result of force or coercion. They may also occur when the victim is incapacitated. Incapacitation can occur in a couple of different ways: mental and physical.

Mental incapacitation occurs when an individual cannot understand the nature of the acts. This could be either their normal mental state if they suffer from certain mental disabilities or an altered mental state, such as intoxication due to alcohol. Physical incapacitation can occur when someone is restrained or is physically incapable of showing his or her objection, as is the case with date rape drugs.

The term sexual assault is usually used to describe other crimes such as rape, though some jurisdictions differentiate between crimes involving coerced or consensual touch and those involving penetration, the latter of which is commonly held as a first-degree offense. Additionally, most states now provide protection against sexual assault to spouses. While it used to be that one could not commit sexual assault against his or her spouse, this is no longer the case.

Defenses to Sex Crimes

Sex crimes are very serious and being accused of committing one should be taken very seriously. While there aren’t very many, there are a few defenses to such an accusation: he or she is innocent; he or she engaged in consensual sexual activity, or he or she can’t be held guilty due to mental disease or defect.

1. Actual Innocence

Like all crimes, the most widely used defense is innocence. To prove innocence, an individual must generally be able to prove that it would be a physical impossibility to be guilty since they were at another location at the time or by providing a credible alibi. It’s the burden of the prosecution to prove that a defendant is guilty. The defendant will want to establish reasonable doubt. If he or she can do so then under the law the jury should acquit him or her.

2. Consensual Act

If a defendant can prove that the act was consensual, a crime does not exist. However, it’s important to understand whom – and who cannot – provide legal consent. Those without legal capacity cannot consent no matter what. This includes minors. If an individual engages in sexual activity with a minor, it is statutory and there can be no legal consent – even if there is verbal consent.

3. Insanity or Mental Incapacity

When an individual is found to have had a mental disease or defect at the time that he or she engaged in a crime, he or she cannot be found guilty. For a successful insanity defense the defendant must demonstrate that while the defendant did commit the criminal activity, he or she suffered from a mental disease or defect at the time, which prevented them from understanding the criminal nature of their actions.

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

If you or a loved one has been charged with a sexual crime, it is a very serious matter. An individual convicted of a sexual crime can face numerous serious consequences. It often leads to lengthy jail sentences and hefty fines and will continue to impact you even after your sentence has been served. A felony can affect your ability to obtain or keep certain jobs and can permanently impact your reputation. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible so that he or she can work to reduce or even dismiss these charges.

The Risks of “Catfishing” and Sex Crimes in North Carolina

Posted on January 7, 2021

With the growth of the Internet and specifically social media, it’s extremely easy to connect with people across the world. However, what’s not as easy is knowing to whom you are actually speaking. “Catfishing,” or an interaction in which someone pretends to be someone else, can be extremely disheartening. But what many people fail to consider is that under certain situations it can also be illegal.

When someone uses another’s identity, it is very likely that he or she is committing fraud. By establishing a fake profile the “catfisher” could be guilty of defamation, impersonation, and even infringement of intellectual property. Additionally, if the individual who is posing as another initiates any type of sexual activity with a minor, including the solicitation of photos or video, he or she can be charged with a sex crime.

On the flip side, if an individual is “catfished” by a minor and made to believe that he or she is of age, the target can actually be guilty of sexual crimes for engaging in sexual activity with him or her – regardless of the fact that such activity was prefaced on the belief that the minor was an adult.

The Age of Consent

In North Carolina, the age of consent is 16 years. Therefore, it is illegal for an adult (someone age 18 or older) to engage in any sexual activity with a minor (someone below the age of 16) – even if such activity is consensual.

Sometimes minors want to receive more attention or to act or sound older than they are so he or she will falsely claim to be 16 or older. The problem lies with the fact that not knowing a minor’s true age is not a valid legal defense to a sex crime.

Additionally, if someone believing that the other person is of age solicits any sexual activity from a catfisher who is underage, he or she can be charged with solicitation of a minor. Again, it doesn’t matter that the individual was misled.

The severity of the charges is dependent upon what the defendant is accused of, his or her age, and his or her criminal history.

For example:

Statutory rape when the minor is 13, 14, or 15 and the defendant is more than 6 years older, or the rape or sexual offense of a child is considered a Class B1 felony, punishable by up to life in prison without the possibility of parole.
If someone commits statutory rape when the minor is 13, 14, or 15 and the defendant is 4-6 years older, it is considered a Class C felony and is punishable by up to 182 months in prison.
First-degree sexual exploitation of a minor and child molestation are also very serious sex crimes punishable by lengthy prison sentences.

Attorney 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 – especially one involving a minor – it is very serious. A conviction of such a crime can greatly impact your life. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible.

Man being arrested for disturbing the peace

What Does it Mean to ‘Disturb the Peace’ in North Carolina?

Posted on August 19, 2020

You may have heard the phrase “disturbing the peace” in many TV shows or movies. But what does it actually mean? Disturbing the peace is another name for “disorderly conduct.”

You can be charged with disorderly conduct if a law enforcement officer believed that your conduct was a disturbance. If you fight the charge and it goes to trial, it will then become the responsibility of the judge to deem whether or not your actions constituted disorderly conduct.

While it may not like a very serious charge, those convicted of disorderly conduct – even for the first time – may be met with jail time, fines, and most worrisome, a criminal record.

Disorderly Conduct in NC

So what exactly is disorderly conduct under North Carolina state law? The North Carolina Code §14-288.4 defines disorderly conduct as “a public disturbance intentionally caused by any person” that is responsible for committing any one of a number of actions, including:

Abusive language/gestures
Violent activity, such as fighting
Refusing to leave a building after being asked by an administrator or law enforcement official
Loitering after being told by law enforcement or other administrators to leave
Interfering with/disturbing religious activity
Disrupting the teaching of students in an educational environment
Overtaking school premises without permission

A similar crime you can be charged with is called “failure to disperse.” This charge is sometimes used when at least three individuals do not leave a location after a certain amount of time as ordered by law enforcement or who create a risk of injury to someone else.

Find a Qualified NC Criminal Attorney

If you or a loved one has been charged with disorderly conduct or failure to disperse, having a qualified criminal attorney to help defend you can be the difference between a criminal record and a life forever impacted, and your freedom. This individual can best help you to obtain the best possible outcome.

As a Class 2 misdemeanor, disorderly conduct can carry a sentence of 60 days in jail and a $1000 fine for a first time offender. However, in some situations the charge becomes classified as a Class 1 felony for a second offense, which can carry up to 12 months in prison if convicted. In those situations, subsequent convictions are classified as Class H felonies, which can carry as much as 25 months in prison.

An experienced and knowledgeable criminal attorney will work to gather the necessary evidence to attempt to get your charges lowered or even dismissed altogether.

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with Disorderly Conduct or Another Crime

A criminal conviction can have a very long-lasting impact on your life. Not only can it affect your ability to obtain or keep certain jobs, but also it can have a permanent impact on your reputation. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible.

Man arrested for shooting into an occupied dwelling

General vs. Specific Intent Crimes in NC

Posted on August 5, 2020

Sometimes things happen that you didn’t mean to have happened. This sometimes even includes the outcome of criminal actions. While some people want to commit a crime, others want to commit a crime for the purpose of having something happen. This is the difference between general intent and specific intent respectively.

Regardless of your full intentions, a crime is still a crime no matter what. However, it’s still important to decipher whether the crime that you committed was done with general or specific intent, as it can greatly impact the outcome of a criminal case.

General Intent

When someone commits a general intent crime it means that they committed the crime for the sake of committing the crime. In other words, the person who committed the crime was not doing it in order to achieve a specific outcome.

Intent relates to the state of the mind of the accused while he or she was committing the crime. General intent only requires that someone had the intent to break the law or that he or she committed a crime even without knowing it was illegal.

A good example of a general intent crime is battery, which is “the intentional and harmful physical contact of another person.” This means that if someone intends to commit battery, which in itself is the crime without any other intent. Battery does not require that the individual intended to harm the victim; simply that he or she meant to commit battery.

Specific Intent

Unlike general intent, crimes that require specific intent are those that are committed with a specific purpose in mind. Not only does the individual mean to commit a crime, but also he or she intended for that crime to create a certain outcome. For example, with battery, someone who throws a book at someone else is guilty of general intent battery. Alternatively, someone who throws a book at someone else with the intent to cut him or her would be considered guilty of a specific intent crime. To prove specific intent crimes the prosecution must be able to prove the motive with which the defendant acted. This can often be quite challenging since we can’t be in anyone else’s head.

Some specific intent crimes include:

Theft
Larceny
Forgery
Embezzlement
Child Molestation
“Inchoate” offenses or crimes (e.g. conspiracy, attempt, and solicitation)
Murder

Most crimes consist of two parts: the act of the crime itself: the “actus reus,” and the motive or mental element of the crime: the “mens rea.” Specific intent crimes are those in which there is demonstrable mens rea.

For specific intent crimes, such as murder, the outcome of the entire case will rest on your mens rea – even if the actus reus has been proven. If you can prove that you unintentionally committed a crime and did so without any specific intent, it’s possible that a jury could find you not guilty. However, this will require solid evidence to prove.

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

Someone on their laptop, using social media.

Criminal Acts that are Committed on Social Media

Posted on July 22, 2020

Social media has become somewhat of a normal, daily activity. It has helped to shape our lives in many ways, connecting us to our jobs, our families, and our friends across the world. Through social media, we can meet others who share our favorite hobbies and interests and stay up-to-date on current events. Social media has even helped law enforcement to get the word out in emergent situations, such as shelter-in-place warnings and Amber Alerts.

Law enforcement now often utilizes social media to discover incriminating evidence against criminal suspects and can help to locate them through things such as “check-ins,” for which an individual lists where they are located. This is because each and every day millions of people the world over share some of the most private information about their lives.

When we think of crimes that can be seen online we often think about homicides and high-speed chases. However, the majority of crimes that can be found online include stalking, bullying, threatening, and harassing other people. People may also sign into an account that isn’t theirs and/or impersonate others. Crimes committed online are just as illegal as those committed offline.

Think Before You Post

Because so many crimes are committed on social media every day, it’s extremely important that each of us stops and considers the risk of anything we are about to post.

Posting too much information about yourself, your family, or your current location can serve as a means for others to commit criminal acts against you. By sharing things like where your children go to school, the name of your employer, and when you’re taking your family trip to Florida, you may just be giving others the necessary information to stalk you or rob your home.

It’s really important that you also understand that sometimes people use social media to conduct criminal activity. Individuals, who use social media to conduct criminal business arrangements, are still guilty – whether or not the business itself was conducted online. In fact, using social media only makes it easier for law enforcement to make a case against you, as you are leaving behind a trail of evidence.

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

Woman holding her cell phone, cyberstalking

What Exactly is a Cyberstalking Charge in North Carolina?

Posted on July 8, 2020

There’s no doubt that our society has been forever changed by technology. From buying groceries and clothes, to paying bills and doing your banking, just about anything and everything that needs to be done can be executed online. But while the ever-changing technological landscape has done a lot of good, one other thing can also be done using the internet: stalking.

Stalking someone using technology is referred to as “cyberstalking.” Technology that may be used to cyberstalk another person includes:

Smartphones/other mobile devices
GPS devices
Phone calls
Social media messages
Emails
Hacking into a victim’s online account(s)

Stalking is done in order to threaten, harass, or humiliate another person in order to control or intimidate them. When someone cyberstalks another person, they often use persistent and strategic types of online abuse. Cyberstalkers don’t always have to be individuals whom you know; sometimes they can be casual acquaintances or even complete strangers. Often cyberstalkers include former significant others.

Stalking in North Carolina

Under North Carolina state law, stalking occurs when an individual willfully harasses another person on more than two occasions without legal reason, and either:

Causes that individual to fear for themselves, a family member, or another person to whom they are close; or
Causes that individual extreme fear of bodily injury, death, or persistent and recurrent harassment.

The law does not require that the victim believes the stalker’s threats, or that a “reasonable person” would believe them.

North Carolina General Statute 14-196.3 states that is “illegal to electronically communicate language threatening to damage property or injure another person, or the person’s relative or dependent, with the intent of abusing, harassing, embarrassing, or extorting money or things of value.”

In North Carolina, cyberstalking is a Class 2 misdemeanor. If you are convicted of cyberstalking you may face 60 days in jail and a fine of up to $1,000. However, the length of jail time depends upon your prior record:

No prior conviction: 1-30 days imprisonment;

1-4 prior convictions: 1-45 days imprisonment; and

5 or more prior convictions: 1-60 days imprisonment.

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with Cyberstalking

A cyberstalking conviction can have a very long-lasting impact on your life. Not only can it affect your ability to obtain or keep certain jobs, but also it can have a permanent impact on your reputation. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible.