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Types of Misdemeanors

What exactly is a Misdemeanor? For many of us the line between a misdemeanor and a felony, or even different classes of misdemeanors is blurry. We’ve taken the time to out line the differences between the different classes of misdemeanors and the most common punishments for each one.

A misdemeanor offense can include but isn’t limited to:

  • Simple Assault and Assault on a Female
  • Assault on a Government Official
  • Assault with a Deadly Weapon
  • Child Abuse
  • Carrying a Concealed Weapon
  • Violation of a 50-B (Domestic Violence Protective Order)
  • Possession of Marijuana
  • Possession of Drug Paraphernalia
  • Shoplifting/Concealment of Goods
  • Misdemeanor Larceny
  • Possession of Stolen Goods
  • Trespassing (First Degree and Second Degree)
  • Communicating Threats
  • Resisting a Police/Law Enforcement Officer
  • Prostitution
  • Underage Drinking

Each of these offenses falls into a different class of misdemeanor. Class A1 is the most serious offense and a person who is charged with a Class A1 misdemeanor faces a maximum penalty of 150 days in jail, as well as a fine that may be imposed at the discretion of the Court. A Class 3 misdemeanor is the least serious offense. A person who is charged with a Class 3 misdemeanor faces a maximum penalty of twenty 20 days in jail, as well as a fine that may be imposed at the discretion of the Court, although the fine may not exceed $200. To help outline the different classes of misdemeanors take a look at our Misdemeanor Fact Sheet below.

Members of the experienced team at GreeneWilson can explain your possible outcomes, investigate your offense, and help you avoid the negative consequences you may face. For more information or to schedule a consultation, please contact GreeneWilson Attorneys at Law by calling (252) 634-9400 or visiting www.greenewilson.com.

 

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Equitable Distribution

Determining an equitable distribution of marital assets can be the most technically difficult part of a divorce. If you are dealing with complex property division issues, it is in your best interests to seek the help of an experienced lawyer. At GreeneWilson our family law attorneys are committed to giving you effective, professional representation.

In North Carolina courts use Equitable Distribution to approach to dividing assets during a divorce, which means that assets will not always be divided 50/50. There are several factors that go in to deciding how assets will be divided including, non-marital property, if one spouse has significantly more than another spouse, earning power of both spouses, and who acquired or maintained the asset, particularly in terms of a family business. Other things that are taken into consideration are services as a homemaker, including how that may affect future earning capacity, duration of the marriage as well as any and all premarital agreements.

Our Attorneys at GreeneWilson are dedicated to helping you through even the most difficult of equitable distributions cases. Call us or schedule a consultation today to get started.

To learn how North Carolina law may apply to your unique circumstances or to schedule a consultation, please contact GreeneWilson Attorneys at Law by calling (252) 634-9400 or visiting www.greenewilson.com.

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DUI V. DWI is there a difference in NC?

Many people believe that there is a distinct difference between being charged with a DUI or being charged with a DWI. Truth be told, there is not much of a difference between these two offenses besides the acronym used to describe them. A DUI stands for Driving Under the Influence. Which can be used to designate if the driver is under the influence of alcohol or drugs. A DWI stands for Driving While Intoxicated. Both acronyms are used to describe the criminal offense that driving above the legal BAC limit.

In some states where DWI and DUI are classified as different offenses a DUI is the lesser of the two. As it designates a lower level of impairment than a DWI. All states have some form of a Zero Tolerance law for drivers under the legal drinking age. This means that drivers under 21 cannot have any level of BAC, since it is also illegal for a person under 21 to possess or use alcohol.

In North Carolina the Safe Roads Act of 1983 changed the previous drug and alcohol related driving offenses, and put everything under the category of a DWI. North Carolina uses BAC to establish sobriety level upon a suspected alcohol and driving offense. For those over the legal drinking age of 21 and having no prior DWI offenses the legal BAC limit is 0.08%. For commercial drivers and those who have prior alcohol related offenses the BAC limit is reduced to 0.04%. For drivers under the legal drinking age the BAC limit is 0.00%.

A DWI arrest is both administrative and criminal in nature, so there are two separate cases and two sets of penalties you face. The Civil Penalty will depend on the outcome of the criminal case. It pays to have a seasoned DWI lawyer on your side to guide you through the complex process. GreenWilson Attorneys at Law are skilled in DWI and all traffic related offenses. Please contact our office today for more information or to schedule a meeting regarding your personal circumstances.

AT GREENEWILSON, OUR CRIMINAL DEFENSE ATTORNEYS ARE DEDICATED TO THE PROTECTION OF OUR CLIENTS’ CONSTITUTIONAL FREEDOMS AND RESPECT FOR THEIR INDIVIDUAL CIRCUMSTANCES.

We’re here to guide you through the complicated, frightening, and often frustrating process known as the criminal justice system. We provide criminal law services at all levels in eastern North Carolina, including misdemeanor and felony trial defense, and post-conviction appellate work in both state and federal court.

To learn how North Carolina law may apply to your unique circumstances or to schedule a consultation, please contact GreeneWilson Attorneys at Law by calling (252) 634-9400 or visiting www.greenewilson.com.

 

 

(Sources: duivsdwi.org , DMV.org, the law.com)

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