Any criminal offense will be labeled as either a felony or misdemeanor. While there is no such thing as a criminal charge that is not serious, a felony is considered the most serious type of charge that you can face. They are usually punished with stiffer jail sentences, and there are other impacts on your life when you are convicted of a felony.
While you need a defense lawyer to defend every case against you, there is an extra need to have an attorney in a felony case. All felonies are serious, but not every felony is the same. North Carolina law applies classifications to felonies, from Class A to Class I. Class A felonies are murder charges that would lead to life in prison.
Examples of Very Serious Felony Charges
Class B, C, and D felony charges would also lead to decades-long jail sentences. These offenses include:
- First-degree sexual offense
- Second-degree murder
- Second-degree rape
- First-degree kidnapping
- Voluntary manslaughter
- Armed robbery
Not every felony requires a minimum jail sentence. For example, you could be charged with a felony because you are a repeat offender for certain misdemeanors. Marijuana possession can be charged as a felony as well.
Other Legal Penalties for a Felony Conviction
Besides jail time, there are also other penalties that a court may impose in a felony case that include:
- Probation
- Consent to drug testing
- Fines
- Assessment of court costs
- Restitution
- Community service
Punishment for a felony case may include a combination of jail time and one or more things from the list above. Even if you are not sentenced to time in prison, your freedom will still be affected, and there will be financial consequences.
Collateral Consequences of a Felony Conviction
Beyond a likely jail sentence, there are a number of other consequences for felony convictions in North Carolina that include:
- Your right to vote
- Your right to own firearms
- Certain forms of financial assistance that you are receiving from the government
- The loss of custody rights or visitation time with your child
- The loss of your job and professional career
- Deportation and a change to your immigration status
In addition, a felony conviction can ruin your reputation and harm your family relationships.
Aggravating Factors for a Felony Conviction
North Carolina courts would consider the following when imposing a sentence for a felony conviction:
- The felony class that was charged and convicted
- The defendant’s prior criminal record
- Other factors that could make the defendant more or less culpable
North Carolina has its own sentencing guidelines that judges consider before imposing a penalty in a criminal case.
Felony charges are extremely serious, and they are very nerve-wracking. You should never, ever try to defend felony charges on your own. The stakes are too high. Even when you have been charged with a felony, you have legal options. You can defend the charges against you or negotiate with the prosecutor for a potentially lighter sentence or reduced charges. Some prosecutors may allow you to plead down to a less serious felony charge or even a misdemeanor because they want to be guaranteed to win a conviction.
How a Felony Defense Lawyer Helps You
Your criminal defense would begin the moment that you contact an experienced attorney. The attorney would begin to protect your legal rights immediately, just through the fact that you have a lawyer in the first place.
They could work to prevent law enforcement from trying to interrogate you without your lawyer present (if you decide to answer questions) and unreasonable search and seizures.
Then, your lawyer would learn your situation and the facts of your case, taking the time to understand you and what happened (or did not happen). They would counsel you about the potential options and outcomes in your case before you decide on a path forward. If you choose to take the case to trial, your lawyer will both respond to the prosecution’s evidence (moving to exclude any evidence that was illegally seized) and develop your own case.
