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Criminal Law

At Capital to Coast NC Law Group, we have the skills and experience to defend you in many misdemeanor criminal matters. You do not have to go through this process alone. Upon your initial consultation, we will give you a criminal defense overview, as well as explain all of the legal decisions you will need to make when facing criminal charges. We assist individuals located in Wake County, Pitt County, Carteret County, and surrounding areas.

We commonly defend individuals against a variety of criminal charges, including:

Drunk and Disorderly Conduct

Merely being intoxicated in public is not a crime, according to North Carolina law. However, it is a crime to be both drunk and disorderly in public. Various types of criminal conduct may include:

Refusing to leave an establishment after being ordered to do so
Blocking access to a business or disrupting a business
Fighting or engaging in conduct that creates the threat of violence
Using any language or gestures that are likely to incite fighting or violence

Penalties for drunk and disorderly conduct charges are considered Class 3 misdemeanors and can include an active jail sentence, possible fines, probation, and community service – with subsequent violations leading to felony charges.

Resisting Arrest

If a person willfully and unlawfully resists, delays or obstructs a public officer from performing a duty, they can be charged with resisting, delaying, or obstructing a public officer, also known as resisting arrest or RDO.

The penalty for this is a Class 2 Misdemeanor punishable by up to 60 days in jail.

Shoplifting

Shoplifting can have significant consequences. Concealing goods in a store or altering price tags and then presenting the goods for purchase are considered misdemeanor offenses. North Carolina categorizes these crimes based on the value taken, with the determining amount value being $1,000. Anything over $1,000 is classified as a felony.

Penalties include a Class H Felony (Larceny of Property to Organized Retail Theft), with most convictions containing a fine, probation, community service, and potential incarceration.

Trespassing

North Carolina law divides criminal trespassing into first and second-degree laws. First-degree trespass involves the defendant entering or remaining on someone else’s property that is enclosed or clearly demonstrates intent to keep out intruders, or in a building owned by someone else. Second-degree trespass involves the defendant entering or remaining without permission on someone else’s property after being notified not to enter by the owner, occupant, or other authorized persons, or where there is a notice posted informing intruders not to enter the property.

The charge that arises from a first-degree trespass is generally a Class 2 misdemeanor, however, that can change depending on the type of building that is trespassed and the intent of the trespasser. Being convicted of second-degree trespass is a Class 3 misdemeanor.

Underage Possession of Alcohol/Underage Drinking Ticket

If you have received a “drinking ticket”, do not just pay it. Our goal is to work towards a dismissal of all charges. Under North Carolina law, a minor does not have the right to purchase, possess, or consume alcohol. Further, they are not permitted to obtain it by knowingly providing false information or to aid other minors in obtaining alcohol. Unless the minor is under the supervision of an educational instructor during the course of a culinary program, working in an occupation that requires the possession of alcohol or participating in the possession or consumption of wine for religious purposes in an organized church, it is illegal for them to physically have alcohol. It is important to know that if you are receiving what is commonly referred to as a “drinking ticket” do not just pay it off. Our goal is to work towards the best outcome possible, which often results in a dismissal or reduction of charges.

If convicted, it is classified as a Class 1 misdemeanor with a fine of at least $250 for first-time offenders.

Possession of Marijuana

Despite being a less severe charge than other illicit drugs in North Carolina, the state does not offer exemptions for medical use, and if convicted, does impose a fine.

If you have been charged with possessing less than one half of an ounce, which is a Class 3 misdemeanor, you will face a $200 fine and maximum jail time of 20 days. Further, if you have been charged with possessing between one half of an ounce and less than 1.5 ounces, there is a maximum jail time of 120 days and a fine to be determined by the court. It becomes a felony charge once the defendant is in possession of more than 1.5 ounces.

Driving While License Revoked / DWLR

North Carolina law prohibits individuals from driving a motor vehicle on a public roadway with the knowledge that their drivers’ license has been revoked. It is important to note that “driving” in North Carolina means “having physical control” of a motor vehicle, including when the vehicle is stationary with the engine running.

A conviction for driving with a revoked license is a Class 3 misdemeanor and can include a jail sentence of up to 20 days. However, these penalties increase substantially if the license was revoked after a conviction for DWI.

No Operators License

In North Carolina, you may be given a ticket for no operator’s license if you do not have your license in your possession while driving, if your license is expired, or if you never had a license to drive in North Carolina.

A conviction or plea to NOL is a Class 3 misdemeanor.

Expungements

Even if you have been charged and convicted of a crime, you may be able to avoid the long-term consequences associated with a criminal record by having it expunged. This is a process that involves a court order being enacted that erases your criminal record. Regarding North Carolina specifically, the purpose of an expungement is to clear your public record of any arrest, criminal charge, or criminal conviction.

Capital to Coast NC Law Group is able to assist individuals with expungements who have been arrested, charged, or convicted of one of the following:

Misdemeanor Convictions Under Age 18
Drug Charges and Convictions Under Age 22
Nonviolent Felony Convictions Under Age 18
Nonviolent Felony or Misdemeanor Convictions
Prostitution Convictions
Charges Not Resulting in a Conviction (when a not guilty or dismissal were given)

The expungement process varies greatly and is a complicated matter, regardless of the charge. The experienced and knowledgeable lawyers at Capital to Coast NC Law Group can help you explore your expungement options.

When we needed an attorney recently we contacted Kellie Gonzalez and could not have been more pleased with our interactions with her and the outcome she obtained for us.

From the very beginning, she was professional, understanding, and took great care to explain the legal process to us. She went far beyond what one would normally expect from an attorney and in doing so successfully achieved the goal we hoped for. We highly recommend Kellie Gonzalez for any occasion that calls for an attorney. – K, Family Law Client

I am writing to thank all of you, for assisting with the completion of the will and other key documents.

I appreciated the time, effort, patience, and the many questions answered which were all associated with this process. It is finally “done” and I can now relax and feel that my kids will be appropriately protected. Thanks again for your dedication, attention and positive experience! I’ll be sure to refer others to your office!! – D, Estate Planning Client

They were wonderful. Very efficient and great communicators.

I was very nervous about this process and they made it very simple and took all of the guesswork out of it. I will definitely use them again. – C, Will Preparation Client

Received a speeding ticket while passing through NC.

Was required to personally show in court or hire legal representation. Living 10 hours away, I opted for the latter. Great decision, but hiring them to represent me was a better one. They resolved my case much better than I could have ever hoped. Courteous, professional and obviously capable. – G, Out of State Traffic Violation Client

We used Kellie as our real estate attorney when purchasing a home.

Kellie and her staff walked us through the entire process from start to finish and promptly answered all our questions or concerns! I would highly recommend using her team to anyone looking for a real estate attorney! – M, Real Estate Closing Client

When facing one or more criminal charges, you need an experienced criminal defense lawyer to protect your rights and fight for your freedom. To learn more about how Capital to Coast NC Law Group can provide you with a strong defense, contact us today.

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