Category: Criminal Defense

Modern medicine has made such an impact on the way that we live our lives. It helps millions of people each day to feel better. Unfortunately, though, many people use medications for the wrong reasons and commit prescription fraud in an attempt to gain access to more pills. 

Common Drugs Obtained Through Prescription Fraud

Common drugs often obtained through prescription fraud include:

• Benzodiazepines
• Stimulants
• Pain relievers

Opioids are a type of pain reliever that is highly addictive. In recent years opioid addiction has become an epidemic of massive proportions. Since those who take opiates eventually adjust to them, they require a higher and higher dosage to get the same effect. 

Common Types of Prescription Fraud

Prescription fraud is not only committed by patients, but by medical professionals as well. There are a number of ways in which someone can commit prescription fraud. Such ways include:

• Forging a prescription
• Calling in a prescription while pretending to be a doctor
• Doctor shopping (visiting multiple doctors to obtain more prescriptions)
• Filing a false report that claiming medication theft so that you can obtain more medication
• Prescribing medication without any real reason
• Purchasing, obtaining, and/or sharing prescription medication with others

Penalties for Prescription Fraud in North Carolina

When someone is found guilty of committing prescription fraud in Texas, they must face the consequences. If the drug is considered Scheduled I, prescription fraud can be charged as a Class I felony. As such you can face three to 12 months in prison. 

When the controlled substance involved is considered a Schedule II, III, or IV drug, you can be charged with a Class 1 misdemeanor, though in rare situations can be charged as a Class I felony. If you are convicted, you can face the same between one and 120 days in jail. 

When the controlled substance involved is considered a Schedule V drug, you can be charged with a Class 2 misdemeanor. If you are convicted, you can face up to 60 days in jail and a fine of up to $1,000.

When the controlled substance involved is considered a Schedule VI drug, it can be charged as a Class 3 misdemeanor. If you are convicted, you could face up to 30 days in jail and a $200 fine.

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

A criminal conviction 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. Additionally, the insanity defense in North Carolina can be quite complex. 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!

When the police stop you it can be extremely intimidating – even if you’ve done nothing illegal. That’s why it’s so important to understand all of your rights when in such a position. 

There are several reasons as to why a police officer may choose to stop you. Aside from conducting a routine stop, police officers are given much deference when it comes to suspecting that someone has violated a law. When someone has reasonable suspicion, they may choose to conduct a search of you and/or your vehicle (if they have separate probable cause). However, there are also limitations to what the police can search. 

When you are being pulled over while driving, it’s key that you stay calm and try to pull to the right shoulder or over somewhere as soon as possible without putting yourself or anyone else in any type of unnecessary danger.

The First Amendment

The First Amendment grants you the freedom of speech. Therefore you are free to calmly object to a search of yourself or your vehicle. Additionally, the same amendment allows you to record your experience with the police. You are allowed to take pictures and videos of officers while they are performing their official duties in a public setting. Because police officers require a warrant to go through your cell phone, you have the right to keep your pictures and records – you do not have to delete them if requested or demanded. You must still make sure that you do not interfere with anything that the police are doing while you are exercising the aforementioned rights.

The Fourth Amendment

Under the Fourth Amendment, you can object to an unreasonable search and seizure of your property. This means that if you believe that the police officer did not have probable cause (a legitimate reason) to search your property, you can object. If a police officer believes that you are carrying a weapon he or she may pat you down on (top of) your clothing. You may feel violated or helpless during this situation, but if you believe that a police officer is conducting any type of search or seizure illegally, it’s imperative that you express your lack of consent during the search. This statement can actually serve you during future legal proceedings. 

The Fifth Amendment

Finally, under the Fifth Amendment, you are granted your Miranda rights. Miranda rights, which are required whenever police are holding a suspect, explain that you have the right to remain silent, as anything that you say can (and will) be used against you in a court of law. You also have the right to an attorney or an attorney will be appointed to you if you can’t afford one. Additionally, you don’t have to answer anything that the police officer asks. In such a situation you should explain that you are invoking your Fifth Amendment right and request an attorney.

Hancock Law Firm, PLLC Helps Those in North Carolina Whose Rights Have Been Violated by the Police

If you or a loved one has had your rights violated by a police officer it is imperative that you contact a North Carolina criminal defense attorney as soon as possible. A violation of your rights can overturn an entire case. 

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!

When someone accidentally crashes their car into the vehicle in front of them, they can still be held responsible – even though it was unintentional. But what about a felony? Can someone be held responsible for a felony that they didn’t mean to commit? Surprisingly, the answer is yes.

The Felony Murder Rule

When someone commits a dangerous felony and accidentally kills someone else in the commission of the crime, he or she can still be charged with first-degree murder. This is known as felony murder. If someone is an accomplice to a dangerous felony that results in an unintentional killing, he or she can also be charged with murder. 

For instance, imagine someone brings a gun to rob a bank and confronts the bank teller with the weapon. The bank teller is terrified and suffers a heart attack and dies as a result. The individual with the gun and the getaway driver can both be charged with first-degree murder under the felony murder rule. 

Felonies

Under North Carolina’s felony murder rule, someone can be found guilty of first-degree murder if a homicide is committed during the commission or the attempted commission of any of the following felonies:

• Robbery;
• Burglary;
• Kidnapping;
• Rape or a felony sex offense;
• Arson;
• Any felony committed or attempted with the use of a deadly weapon.

Possession of a Deadly Weapon

As for the last bullet, the defendant isn’t required to know ahead of time that he or she will use a deadly weapon. Likewise, any accomplices to the crime don’t have to know that the other possessed a deadly weapon. It doesn’t matter whether co-conspirators are aware that the other defendant had a gun so long as the gun was used in the commission or attempted commission of a felony that he or she did know about and take part in, in some manner. 

Additionally, it is irrelevant whether or not the deadly weapon was even used to commit the primary felony – just that it was in the defendant’s possession. 

Whereas first-degree murder ordinarily requires proof of intent, this is not required under the felony murder rule. Rather, the defendant must have had intent to commit the initial felony. 

And finally, it doesn’t matter at what part of the attempt or commission of a crime someone is killed. It only matters that they were killed during the uninterrupted chain of events. For instance, if the bank robber jumps into a getaway car and while speeding away crashes into another car, which causes it to hit a pedestrian, the robber and driver could be charged with first-degree murder under the felony murder rule. 

Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with Felony Murder

A charge under the felony murder rule should be taken very seriously, as a conviction can have long-term effects on 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. 

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!

For more than 100 years it has been accepted that finding someone’s fingerprints at the scene of a crime means that they were in fact there. However, according to new research, this may or may not be the case. Per the American Association for the Advancement of Science (AAAS), fingerprint analysis may not be as reliable as it has long been held to be. 

Insufficient Data

According to a 2017 report released by the AAAS, it is true that our fingers have distinct patterns, which can be used to identify people. However, also according to the report, there is insufficient data to determine just how unique our fingerprints are among the world’s entire population. Therefore the weight given to fingerprint analysis may be overemphasized. 

The AAAS is not the only organization to come to this conclusion. Other reports, such as those conducted by the National Research Council and the National Institute of Standards and Technology, have found similar results.

Just How Much Can We Rely Upon Fingerprint Analysis?

While fingerprint analysis has been widely accepted as very reliable, there are criminal cases in which these findings may have led to false arrests and convictions. There are a variety of factors that could affect the outcome of the examiner’s analysis. For example, simply knowing that the fingerprint analysis is part of a test could impact the examiner’s findings. Unfortunately, automated systems also have their own set of limitations, making them no more reliable at this point. 

Because of these findings and a number of findings just like them, it’s reasonable that if the prosecution’s case rests largely on fingerprint analysis, that it may be part of one’s criminal defense strategy to challenge the reliability of that analysis. As we continue to move forward, additional measures must be put in place to make fingerprint analysis more reliable – or else it risks losing its credibility altogether. 

Contact Our Carteret County Criminal Defense Attorney

A criminal conviction 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. He or she may be able to challenge the reliability of fingerprint analysis involved, which if largely relied upon may diminish the prosecution’s case for proving to a judge or jury that you are guilty beyond a reasonable doubt. 

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!

When someone has been accused of committing a crime, we often think of a defense as evidence that the person could not have or did not commit it. However, sometimes a defense to a criminal conviction is not that the defendant didn’t commit the act, but rather that he or she cannot be held morally to blame due to a mental disease or defect that he or she was suffering at the time. This is known as the insanity defense. 

The insanity defense exists in order to ensure that our legal system remains fair for all people and does what it was intended to do. This affirmative defense is not commonly used, as it requires a higher level of proof. Additionally, someone can be found to be medically insane and still not be found legally insane. They are not the same thing.

Not the Same as Innocence

It’s important to differentiate not guilty by reason of mental disease or defect (the insanity defense) from innocent. Finding someone not guilty does not mean that they are being found innocent. If someone is found not guilty by insanity, they don’t get to go home. Rather, they will be committed to a mental health facility where they will remain for the same period of time as they would have had they been imprisoned. They must be able to prove that they no longer suffer from such a mental disease or defect and therefore are no longer a danger to society in order to be released. 

So How Does the Court Determine Insanity?

While this may sound black and white, it’s not quite so simple. In order to determine whether or not a defendant was insane at the time of a criminal act, the state of North Carolina follows what is known as the M’Naghten Rule. The rule, which was named for the case in which the defense originated, has two parts that must be considered in determining the defendant’s state at the time of the crime:

1. Whether the accused had knowledge of the act that he or she was committing; and
2. Whether the accused knew that his or her actions were wrong. 

In other words, the defendant must be able to prove by a preponderance of the evidence (that it is more likely than not), that he or she suffered from a mental disease or defect at the time that the crime was committed. (The prosecution must meet a stricter standard of proof: beyond a reasonable doubt.) 

Contact Our Carteret County Criminal Defense Attorney Today

A criminal conviction 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. Additionally, the insanity defense in North Carolina can be quite complex. 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!

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!

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:

1. Intentionally or unlawfully
2. Restrains or detains
3. Another person
4. 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. 

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!

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:

1. The individual must threaten to physically injure someone;
2. The individual must communicate this threat to the victim; and
3. 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. 

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!