Category: Criminal Defense

Have you been arrested for a crime you had no intention of committing? If so, you’re probably wondering about what that could mean for the case against you. Here’s what you need to know.

The Role of Criminal Intent

The elements of most criminal offenses fall into two categories: criminal intent (mens rea) and criminal act (actus reus). Many crimes have a mens rea element to avoid prosecuting individuals who may have inadvertently committed an actus reus without any intent to commit a crime. For example, a person who inadvertently knocks someone over should not face prosecution for battery because they did not intend to offensively touch or injure that individual. Thus, criminal intent prevents individuals from facing prosecution for genuine accidents or incidents caused by ordinary carelessness. 

Different crimes may have different degrees of required criminal intent. Common types of criminal intent include:

• Intentionally or willfully: A person acts intentionally or willfully when they design their conduct to commit the criminal act.
• Knowingly: A person acts knowingly when they understand that their conduct will or likely will result in a criminal act, even if they do not specifically intend to commit a criminal act.
• Recklessly or with gross negligence: A person acts recklessly when they consciously disregard a substantial risk that their conduct will result in a criminal act. 

Crimes Without Criminal Intent

Some crimes do not have a criminal intent element. The law considers such offenses as “strict liability” offenses. One example of a strict liability offense includes distributing or delivering drugs that result in a user’s death. Another example includes statutory rape, as a person can commit the offense regardless of their knowledge of the victim’s age or their intent to commit a criminal offense. Strict liability offenses include crimes legislators and the public consider so severe that criminal liability should attach regardless of the defendant’s intent. 

Legal Defenses to Crimes Committed without Intent

Common defense strategies used to argue a lack of criminal intent include:

• Insufficiency of evidence of intent: A defendant may argue that the prosecution’s evidence fails to prove beyond a reasonable doubt that the defendant acted with the statutorily required intent. 
• Mistake of fact: Defendants may assert that they made a mistake of fact that negates criminal intent. For example, a defendant may argue that they took an item they genuinely believed belonged to them. 
• Entrapment: An entrapment defense alleges that law enforcement induced the defendant to commit a crime they otherwise had no intent to commit. 
• Duress: A defendant may assert a duress defense, claiming they acted due to coercion or threats from others. 
• Necessity: A necessity defense argues that a person committed something that would constitute a criminal act to prevent a greater crime or harm. 

Potential Legal Consequences and How to Respond

Even if you did not intend to commit a crime, you can still face legal consequences for criminal prosecution, depending on your charges. For example, charges for strict liability offenses will not involve any questions about your intent. When your charges have a mens rea element, prosecutors may seek to prove intent through circumstantial evidence that allows a jury to infer intent, such as acts after the crime that suggest a guilty conscience. 

When prosecutors charge you with a crime you did not intend to commit, steps you can take to protect your legal rights and options include:

• Exercise your right to remain silent and decline to speak to the police or answer questions until you’ve spoken to a criminal defense attorney.
• Refrain from actions suggesting a guilty conscience, such as hiding or destroying evidence or attempting to talk to alleged victims or witnesses. 
• Contact a criminal defense lawyer as soon as possible to discuss potential defense strategies based on your lack of criminal intent. 

Contact a Criminal Defense Attorney Today

If you’ve been arrested for a crime you did not intend to commit, an experienced criminal defense lawyer can help you pursue a tailored legal strategy to secure a favorable resolution to your charges. Contact Hancock Law Firm today for a confidential consultation to discuss your legal options for defending yourself against your charges.

Underage drinking is a common yet serious offense that can lead to significant consequences for minors. Beyond the immediate legal penalties, an underage drinking conviction can impact a young person’s future in ways many don’t realize. A criminal record can have lasting effects, from college applications to job opportunities. If your child has been charged with underage drinking, a skilled criminal defense attorney can make a difference by protecting their rights, reducing penalties, and helping preserve their future.

Understanding Underage Drinking Laws

In North Carolina, anyone under 21 is prohibited from purchasing, possessing, or consuming alcohol. Even being in possession of an unopened container can lead to charges. Underage drinking laws are strictly enforced, and consequences can include:

• Fines
• Community service
• Alcohol education programs
• Potential jail time

More severe penalties can follow if the offense involves aggravating factors, such as:

• Fake IDs
• Public intoxication
• Driving under the influence

The stakes are high, so having knowledgeable legal representation is essential.

How a Criminal Defense Attorney Can Help

Hiring an experienced criminal defense attorney at Hancock Law Firm offers several advantages if your child is facing an underage drinking charge:

Knowledge of the Juvenile Justice System

Our team understands the complexities of the law and the options available within the juvenile justice system. Unlike adults, minors are often eligible for alternatives to traditional sentencing, such as diversion programs. We can help your child access these alternatives, keeping their record clean and avoiding penalties that could disrupt their education or career prospects.

Reducing Charges or Negotiating Plea Deals

By carefully examining the evidence and circumstances surrounding the arrest, an attorney may uncover procedural errors, a lack of probable cause, or other grounds for challenging the charges. This type of defense work requires a deep understanding of juvenile law and criminal defense strategy, skills our experienced attorney brings to the table.

Avoiding a Criminal Record

One of the biggest concerns parents have about underage drinking charges is the potential for a lasting criminal record. In North Carolina, juvenile records are typically sealed, but there are instances where charges can remain on record, or the case could be transferred to adult court. A criminal defense attorney works to prevent such outcomes by advocating for alternative programs, such as:

• Community service
• Alcohol education courses
• Counseling

These alternatives can help dismiss or seal the case, teaching responsibility without causing lasting harm to a young person’s reputation or future.

Moreover, many juvenile cases may be eligible for expungement, which allows for removing a charge from a young person’s record. Expungement can be especially beneficial for college applications and career opportunities, enabling young adults to move forward without a criminal record. Our team can guide you through the expungement process, providing additional protection for your child’s future.

The Value of Legal Guidance

Dealing with the justice system can be intimidating for anyone, especially young people. Our criminal defense attorney acts will be your child’s advocate in court and guide them through the process in an accessible and reassuring manner. Knowing that someone is in their corner, advocating for their rights, can help alleviate the stress of a courtroom experience.

For parents, working with Hancocock Law Firm means having a partner who understands your child’s rights and is committed to achieving the best possible outcome. With our support, you will have peace of mind knowing we will protect your child’s interests, rights, and future. 

Talk To a Skilled Juvenile Defense Attorney Today

An underage drinking charge doesn’t have to define a young person’s future. With the right defense strategy, protecting your child’s record and ensuring they can learn from this experience without facing long-term consequences is possible.

At Hancock Law Firm, we provide compassionate, effective defense for families in Carteret County. If your child is facing underage drinking charges, contact us today for a consultation.

If you’ve been charged with a misdemeanor, you might be tempted to think it’s not a big deal—after all, it’s not a felony, right? However, even though misdemeanors are considered lesser offenses, they can still carry serious consequences that can affect your life for years. 

Whether it’s impacting your employment, your finances, or even your freedom, ignoring a misdemeanor could be a costly mistake. Here’s why you should never shrug off a misdemeanor.

Misdemeanors Can Add Up

In North Carolina, misdemeanors are categorized into four classes: A1, 1, 2, and 3, with A1 being the most serious. Depending on the class of the misdemeanor, penalties can include:

• Fines ranging from a few hundred dollars to thousands
• Jail time, particularly for Class A1 misdemeanors
• Probation
• Community service
• Required classes, such as anger management or substance abuse counseling

But even beyond the immediate legal penalties, misdemeanors can have long-term impacts on your life.

Employment Challenges

One of the biggest consequences of a misdemeanor conviction is the impact on your employment prospects. Many employers run background checks, and even though a misdemeanor might not seem like a serious offense, it can still raise red flags.

Employers might see:

• Reckless driving or DUI is irresponsible behavior.
• Theft or fraud is a lack of trustworthiness.
• Assault or disorderly conduct as signs of aggression.

In some industries, particularly those that involve driving, handling money, or interacting with the public, a misdemeanor conviction can lead to job loss or difficulty finding new employment.

Financial Consequences

A misdemeanor might also take a serious toll on your finances. Even if jail time isn’t on the table, fines, court fees, and legal costs can add up quickly. For example, a DUI misdemeanor can come with fines, increased insurance rates, and mandatory fees for programs like traffic school or substance abuse treatment.

In some cases, you might also face:

• Restitution payments to victims
• Loss of professional licenses
• Increased insurance premiums

Over time, these financial consequences can become overwhelming, especially if they lead to job loss or difficulty securing employment.

Misdemeanors Can Impact Your Record for Years

A misdemeanor conviction becomes part of your permanent criminal record. While some misdemeanors can be expunged after a certain period, others might remain visible to employers, landlords, and others for much longer. This can affect not only your job prospects but also your ability to rent an apartment, obtain loans, or even volunteer for certain organizations.

Collateral Consequences 

Aside from the direct legal consequences, misdemeanors can come with collateral consequences that can impact various aspects of your life, including:

• Loss of driving privileges–Certain misdemeanors, like DUI or reckless driving, can result in a suspended or revoked driver’s license.
• Travel restrictions–Some countries, like Canada, may deny entry to individuals with certain misdemeanor convictions.
• Professional repercussions–Depending on your field, a misdemeanor might result in the suspension or loss of a professional license. This is especially common in careers like healthcare, law, and education.

Why You Need Legal Representation

Given the potential consequences of a misdemeanor conviction, having legal representation is crucial. A good attorney can:

• Challenge the evidence against you.
• Present mitigating factors to reduce your penalties.
• Help you understand your rights and options.

Without legal guidance, you might unknowingly make mistakes that lead to harsher penalties or more long-term consequences. A skilled attorney can help you navigate the legal system and work to achieve an acquittal or dismissal. 

Talk To A Beaufort Misdemeanor Defense Attorney Today!

A misdemeanor may seem like a minor legal issue, but its potential consequences can be life-altering. It’s essential not to shrug off a misdemeanor charge and consult with a defense attorney who can guide you through the process and help you avoid long-term consequences. If you face misdemeanor charges, contact Hancock Law Firm to protect your rights and future.

In today’s digital age, social media is an integral part of daily life for many individuals in Beaufort and across North Carolina. Platforms like Facebook, Instagram, Twitter, and Snapchat allow people to connect, share experiences, and express opinions. However, these platforms also pose significant risks, especially when it comes to criminal cases. It’s important to understand the implications of social media in legal proceedings and how it can impact your defense. Here, we explore whether social media can be used against you in a criminal case in Beaufort and what you can do to protect yourself. 

The Role of Social Media in Criminal Cases

Social media can provide a wealth of information that may be used as evidence in criminal cases. Posts, photos, videos, comments, and even private messages can be scrutinized and presented in court. Here are some ways social media can impact your case: 

1. Evidence of Criminal Activity

Social media posts may inadvertently provide evidence of criminal activity. Photos or videos depicting illegal actions, admissions of guilt in posts, or location tags placing you at the scene of a crime can all be used against you. Even seemingly innocent posts can be interpreted as incriminating, so it’s crucial to consider the potential implications of your online activity.

2. Inconsistencies in Statements

Prosecutors may use social media to identify inconsistencies in statements made by the defendant. If your online activity contradicts statements made to law enforcement or in court, it can damage your credibility and weaken your defense. 

3. Character Assessment

Social media can also be used to assess your character. Posts depicting reckless behavior, drug use, or associations with criminal elements can negatively influence the perception of your character in court. Prosecutors may use this information to paint an unfavorable picture of you, impacting the outcome of your case. 

Legal Considerations in North Carolina

In North Carolina, the admissibility of social media evidence depends on several factors. Courts must determine whether the evidence is relevant, authentic, and not overly prejudicial. Here’s what you need to know:

1. Relevance

Social media evidence must be relevant to the case at hand. It should have a direct connection to the alleged crime or be necessary to establish facts pertinent to the case. The court will assess whether the evidence is likely to affect the case’s outcome and contribute to a fair trial. 

2. Authentication

Courts require proper authentication of social media evidence. This involves verifying that the evidence is genuine and accurately represents the online content. Authentication can be achieved through metadata analysis, witness testimony, or expert verification, ensuring the evidence’s integrity before it is admitted. 

3. Privacy Concerns

While social media is often considered public, privacy concerns may arise in certain situations. Courts will consider whether the evidence violates your reasonable expectation of privacy and adhere to privacy laws governing digital content. However, publicly accessible posts are generally fair game in legal proceedings.

Protecting Yourself from Social Media Risks

Given the potential legal risks, it is essential to be cautious about your social media activity, especially if you are facing criminal charges. Here are some steps to protect yourself: 

1. Be Mindful of What You Post

Avoid posting anything that could be interpreted as incriminating or damaging to your case. Even seemingly innocent posts can be taken out of context and used against you. Exercise discretion and think twice before sharing information online. 

2. Strengthen Privacy Settings

Review and adjust your privacy settings to limit who can see your posts and personal information. Restrict access to your social media accounts to trusted friends and family members, reducing the risk of unwanted scrutiny. 

3. Avoid Discussing Legal Matters

Refrain from discussing legal matters or details of your case on social media. Conversations about your case can be misinterpreted and used against you. Instead, communicate with your attorney privately to discuss case-related matters.

4. Preserve Evidence

If social media evidence may be relevant to your defense, work with your attorney to preserve it. Screenshots, metadata, and other digital evidence should be carefully documented and retained for potential use in court. 

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

Social media is a powerful tool that can significantly impact criminal cases in Beaufort and beyond. Being aware of how your online activity can be used against you is crucial for safeguarding your legal rights. 

At Hancock Law Firm, PLLC, we specialize in criminal defense and understand the nuances of social media evidence. If you are facing charges and have concerns about your social media activity, contact us for guidance and representation. Let us help you navigate the complexities of criminal law and achieve the best possible outcome for your case.

Your home is your sanctuary, a place where you should feel safe and protected. However, if faced with an intruder or threat to your safety within the confines of your own home, you may wonder what legal recourse you have to protect yourself and your loved ones. In North Carolina, the Castle Doctrine, also known as the Castle Law, provides legal protection for individuals who use force, including deadly force, to defend their homes.

What is the Castle Law?

The Castle Doctrine is a legal concept that allows individuals to use force, including lethal force, to defend their homes from intruders or threats of violence without fear of prosecution or civil liability. The name “Castle Doctrine” is derived from the saying “a man’s home is his castle,” emphasizing the fundamental right of individuals to protect their homes and families from harm.

Key Provisions of the Castle Law in North Carolina

In North Carolina, the Castle Doctrine is codified under state law and provides specific legal protections for homeowners. Here are some key provisions of the Castle Law in North Carolina:

• No Duty to Retreat: Under the Castle Doctrine, individuals have no duty to retreat from their homes before using force, including deadly force, against an intruder. This means that homeowners are not required to attempt to flee or retreat from a threat before defending themselves within the confines of their own home.
• Presumption of Reasonableness: If a homeowner uses force, including deadly force, against an intruder in their home, there is a legal presumption that their actions were reasonable and justified. This presumption places the burden on the prosecution to prove that the homeowner’s use of force was unreasonable under the circumstances.
• Protection from Civil Liability: In addition to criminal immunity, the Castle Law also provides protection from civil liability for homeowners who use force to defend their homes. This means that homeowners cannot be sued for damages by intruders or their families if force was used lawfully and in self-defense.
• Scope of Protection: The Castle Doctrine applies not only to the interior of the home but also to other areas considered part of the “castle,” such as attached garages, porches, and curtilage (the area immediately surrounding the home).

When Does the Castle Doctrine Apply?

The Castle Doctrine applies in situations where a homeowner reasonably believes that the use of force, including deadly force, is necessary to prevent imminent death, serious bodily harm, or a forcible felony. However, it’s essential to understand that the Castle Doctrine does not give homeowners carte blanche to use lethal force indiscriminately. The use of force must be proportionate to the threat faced and reasonable under the circumstances.

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Employed Self-Defense

While the Castle Doctrine provides valuable legal protections for homeowners in North Carolina, navigating the complexities of self-defense laws can be challenging. If you have questions about your rights under the Castle Law or if you’ve been involved in a situation where force was used in self-defense, it’s crucial to seek legal guidance from an experienced attorney.

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

In North Carolina, as in many other states, the law allows individuals to defend themselves and others in certain situations where deadly force is deemed necessary. This legal concept is known as justified homicide or self-defense. However, understanding when and how justified homicide applies is crucial to avoiding legal repercussions and ensuring justice is served. Here’s what to know about justified homicide in North Carolina.

Understanding Justified Homicide

Justified homicide, also referred to as self-defense, is a legal defense that can be invoked when a person uses deadly force to protect themselves or others from imminent harm. North Carolina law recognizes the fundamental right of individuals to defend themselves and others from unlawful aggression.

Stand Your Ground Law

North Carolina follows a “stand your ground” law, which means individuals are not required to retreat from a threat before using deadly force if they reasonably believe it is necessary to prevent death, serious bodily harm, or a forcible felony. This law allows individuals to defend themselves in places where they have a lawful right to be without fear of prosecution.

Castle Doctrine

In addition to the stand your ground law, North Carolina also has a castle doctrine, which applies specifically to self-defense within one’s own home, vehicle, or workplace. Under the castle doctrine, individuals have no duty to retreat and may use deadly force against intruders if they reasonably believe it is necessary to prevent imminent death, serious bodily harm, or a forcible felony.

Requirements for Justified Homicide

For a homicide to be considered justified under North Carolina law, certain criteria must be met:

1. Imminent Threat: The threat of death, serious bodily harm, or a forcible felony must be imminent and unavoidable. In other words, there must be an immediate danger that cannot be reasonably avoided or defused by other means.

2. Reasonable Belief: The person using deadly force must have a reasonable belief that such force is necessary to protect themselves or others from the imminent threat. This belief is assessed based on what a reasonable person in the same situation would perceive.

3. Proportionality: The level of force used must be proportionate to the threat faced. Deadly force should only be used when there is no reasonable alternative and when lesser means of defense would be insufficient to stop the threat.

Legal Consequences

If a homicide is deemed justified under North Carolina law, the person who used deadly force is not subject to criminal prosecution or civil liability for their actions. However, it’s essential to understand that each case is unique, and the determination of whether a homicide is justified depends on the specific facts and circumstances surrounding the incident.

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Employed Self-Defense

If you have been involved in a situation where deadly force was used in self-defense or defense of others, it’s crucial to seek legal guidance from an experienced attorney familiar with North Carolina’s self-defense laws. A skilled attorney can help you understand your rights, navigate the legal process, and ensure that your actions are properly justified under the law.

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