Wilmington Felony Lawyer

Wilmington Felony Attorney

Facing any kind of criminal charge is a frightening experience, but felony charges are especially daunting. Felonies are the most serious offenses prosecuted in the Wilmington criminal court system. If you or someone you know has been charged with a felony offense, it is crucial to secure legal representation you can trust as soon as possible. A Wilmington felony lawyer can help you understand your rights and build the most effective defense against your charges.

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Felony Criminal Defense Representation

Felony criminal charges are serious matters that require expert knowledge, skill and experience. Together, the Shotwell Law Group has more than 27 years of combined District Court and Superior Court criminal defense trial experience. Put us to work for you, and don’t take a chance with your or your loved one’s freedom.  In most cases, we can avoid prison and jail sentences and protect your record.

The moment you connect with our firm, we can begin building your defense. You may have more opportunities to defend yourself against a felony charge than you initially realize, and the right attorney can be an invaluable asset to help you navigate your case successfully. Our team has in-depth experience we can leverage in crafting your defense, and you can rely on us to ensure all procedural rules are carefully followed throughout your case proceedings.

Types of Felony Cases We Handle in Wilmington

If you are searching for a Wilmington felony lawyer to defend you, it is imperative that you choose an attorney who has proven experience handling cases like yours. The team at The Shotwell Law Group can provide comprehensive defense counsel in a wide range of felony cases, including:

Felony Drug Offenses

• Trafficking in Controlled Substances. Trafficking is generally defined as the transport of illegal substances across county lines, but in North Carolina, it is typically determined by the weight or quantity. This is a serious felony in North Carolina, and the penalties for conviction usually depend on the type of drug, the quantity found, and the defendant’s prior criminal record. Most trafficking offenses carry mandatory prison sentences.
• Possession with Intent to Sell and Deliver. North Carolina takes possession with intent to sell very seriously. Proving this charge usually involves evidence that the defendant had a large quantity of the illicit substance in their possession, along with materials that indicated their intent to sell.
• Sale and Delivery of Controlled Substances. The illegal street sale of controlled substances in North Carolina is a serious offense. It’s possible for a defendant to face felony charges based on the type and quantity of the drug in question. Generally, larger quantities of higher Scheduled drugs, such as Schedule I and II substances, will lead to the most severe penalties.
• Possession of Drugs/Paraphernalia. Illegal possession of drugs and drug paraphernalia can lead to felony charges in North Carolina under certain conditions. A felony drug conviction in Wilmington could lead to heavy fines, jail time, mandatory substance abuse treatment, and other penalties assigned at the discretion of the sentencing judge.

Felony Sex Offenses

• Rape. This is a serious sex offense involving forced sexual penetration of a victim. Penalties for a felony rape conviction in North Carolina can include fines, restitution to the victim, imprisonment up to life in prison, and mandatory registration as a sex offender.
• Statutory Rape. This offense is characterized by sexual relations with a minor under the age of consent. This offense can qualify as a felony depending on the age difference between the two parties. It is important to remember that even if this type of sexual activity is consensual, the older party can be charged with a felony.
• Indecent liberties with a minor. This charge applies when a person who is 16 years of age or older engages in sexual acts with a child under the age of 16 who is at least five years younger than them. The defendant will usually face a Class F felony charge for this offense.

Felony Property Crimes

• Larceny. Larceny or theft of property of a certain value can qualify for felony prosecution in North Carolina. It is also possible for this offense to qualify as a felony if the defendant stole property from the victim’s person, stole a firearm or explosive device, or if the theft occurred following breaking and entering.
• Possession of Stolen Goods. Illegal possession of any stolen goods can qualify for felony prosecution. The prosecutor will need to prove that the defendant knew the property was stolen, intended to keep it or hold it for a third party, and had no intention of returning the property or notifying the authorities about it.
• Breaking and Entering/Burglary. A person commits this offense when they enter a private property without permission from the property owner for the purpose of stealing from the premises.
• Obtaining Property by False Pretenses. Any type of fraud committed for the purpose of illegally obtaining property from another party can qualify as a felony based on the value of the property taken. Even if the victim gave up the property in question willingly, if they only did so under false pretenses, this could lead to a felony charge.
• Embezzlement. This is a common white-collar crime that involves taking business assets for personal use or defrauding one’s employer for personal enrichment. The severity of the felony charge for embezzlement in North Carolina typically depends on the value of the property stolen.

Murder/Serious Assaults

• First Degree Murder. This is one of the most serious felony charges a person can face in North Carolina. First-degree murder is the intentional and premeditated killing of another person. The prosecution must prove that the defendant knowingly committed the fatal act and had malice aforethought, meaning they knew their actions would result in the victim’s death and that it was the intended outcome. A conviction may lead to life in prison.
• Second Degree Murder. Second-degree murder occurs when an individual intentionally kills another person but does not premeditate the killing. They knew their actions would be fatal to the victim but did not plan to kill the victim. The penalty for a second-degree murder conviction in North Carolina can include several years up to life in prison.
• Involuntary and Voluntary Manslaughter. Voluntary manslaughter is defined as an intentional act that results in death, but the defendant did not plan to take a life. Involuntary manslaughter occurs when the defendant’s negligence or carelessness results in death. Both of these offenses are felonies that may result in years in prison for a convicted defendant.
• Assault with a deadly weapon with intent to kill (inflicting serious injury). This felony charge applies when a defendant acted with intent to kill another person but only caused injury. They can face years in prison and a host of other penalties and may also be liable for the victim’s damages.
• Robbery. Robbery is the intentional taking of property from a victim’s person using force or the threat of force. Any type of armed robbery, especially with a firearm, is likely to incur the harshest penalties, including several years in prison, loss of the right to own a firearm, and other penalties assigned at the discretion of the court.

Probation Violations

• District and Superior Court. If you violate probation following a misdemeanor or felony conviction, the subsequent proceedings will unfold in District or Superior Court. You could face the full breadth of the penalties that could have been assigned to you in your original case. Generally, the penalties for violating probation in North Carolina depend on the severity of the violation.

This is not an exhaustive list of felony cases our firm has handled in the past. If you or a family member are charged with any kind of felony in Wilmington, you should reach out to our team right away so we can begin building your defense.

It is also crucial to remember your rights as soon as you are placed under arrest for any crime and exercise those rights fully to ensure you are treated fairly by the criminal justice system.

Understanding Felony Prosecution in North Carolina

When you are arrested for a felony in North Carolina, you have the right to remain silent, meaning you are not required to act as a witness against yourself in any way or answer any questions from the police. You also have the right to an attorney and should reach out to an experienced Wilmington felony lawyer at your first opportunity.

In a criminal case, the standard of proof for asserting a defendant’s guilt is beyond a reasonable doubt. This means the prosecutor must present evidence and witness testimony that is sufficient enough to get rid of any reasonable doubt that the defendant committed the offense in question. It is the defense attorney’s job to prevent the prosecution from meeting this burden of proof.

When you connect with a Wilmington felony lawyer, they can immediately review the details of your arrest to ensure the police followed the rules of due process and respected your rights. If any procedural violations occurred, your attorney would know how to leverage these issues in your defense. Your attorney can examine the police report from your arrest and the evidence against you to determine your most viable defense options.

When you choose The Shotwell Law Group to represent you, we can do everything in our power to provide you with a strong defense. We have years of professional experience handling a wide range of complex criminal cases, including many felony cases, and we are confident in our ability to quickly and accurately identify the various defensive options available to our clients in Wilmington.

We can work hard on your behalf to prove your innocence or obtain a reduction in penalties. Ultimately, there are many ways an experienced Wilmington felony lawyer can help with your case, so it is vital to seek out the defense counsel you need right away after being charged with any felony offense in Wilmington.

FAQs

Q: When Should I Contact a Wilmington Felony Lawyer?

A: You should contact a Wilmington felony lawyer as soon as possible after an arrest for a felony offense. You should remain silent during arrest and say nothing to the police; you are not required to answer questions or give statements, no matter what they might say to get you to speak. Once you have the opportunity to make your phone call, reach out to an experienced Wilmington felony lawyer for effective representation.

Q: How Do I Prove My Innocence Following a Felony Charge?

A: When you are charged with a felony, you do not necessarily have to prove that you are innocent. The burden of proof always rests on the prosecution; however, this does not mean you should be passive in your defense. Your Wilmington felony lawyer can help you establish an alibi and destroy the prosecution’s case against you. Gathering exculpatory evidence to prove your innocence is far more effective than hoping the prosecution’s case fails on its own.

Q: How Long Does It Take to Resolve a Felony Case in Wilmington?

A: The time required to resolve a felony case in Wilmington will depend on several factors. Some of these cases can be resolved relatively quickly, while others can take much longer. Your Wilmington felony lawyer can provide an estimate of the timeline you can expect in your upcoming legal proceedings. If you must endure litigation to resolve your case, this can take several months or even longer than a year.

Q: Why Should I Hire a Wilmington Felony Lawyer?

A: You should hire a Wilmington felony lawyer because exercising your right to legal representation is crucial for reaching a positive outcome in your case. A lawyer can provide the necessary legal services to support you. Having an experienced attorney handling your defense can ensure your case is in good hands. You should reach out to an experienced Wilmington felony lawyer as soon as possible to get started crafting a defense strategy.

Q: How Much Does It Cost to Hire a Wilmington Felony Lawyer?

A: Generally, the cost of hiring a Wilmington felony lawyer will depend on their billing policy. Most criminal defense attorneys in North Carolina charge their clients based on the time and effort required to take on their cases. The longer your attorney must spend working on your case, the more you are likely to pay in legal fees. The Shotwell Law Group charges flat fees for representation to ensure that our clients know how much our services are. Take the time to review a potential attorney’s billing policy so you know what to expect before committing to their representation.

The Shotwell Law Group: Find Felony Defense Counsel You Can Trust in Wilmington

Feel the difference an aggressive, experienced criminal defense team can make in your case today. The Shotwell Law Group has extensive experience defending clients in a wide range of complex criminal cases, including those involving felony charges. You have a limited time to secure defense counsel, so it’s important to connect with a Wilmington felony lawyer right away. Let our legal team work tirelessly to represent you and defend your rights.

Your case should be handled with the utmost care by a defense team that can provide guidance and support as you go through the legal process. Feel the difference an aggressive, experienced criminal defense team can make in your case today. Contact us for a free consultation and case review.