North Carolina Criminal Law Updates

Habitual DWI Charges

November 10, 2019 | Fanney Law Office, PLLC

Ordinarily, driving while impaired in North Carolina is a misdemeanor offense. There are exceptions to the general rule, especially in instances where a fatality results from the DUI or when there are multiple prior convictions, resulting in an indictment for habitual DWI charges.

Habitual driving while impaired is a felony offense in North Carolina. It takes into consideration prior convictions of DWI within a ten (10) year “look back” period from the date of offense on a new, pending DWI charge.

Habitual DWI differs from the misdemeanor “Laura’s Law” level A1 DWI in several different ways.

Is Domestic Violence in Raleigh a Federal Offense?

October 30, 2019 | Fanney Law Office, PLLC

You may have heard the old-school saying, “Don’t make it a federal offense.” That’s because getting charged and indicted in federal court is a big deal. Given recent media reports coming out of Charlotte, it’s now legit to ask, “Is Domestic Violence a Federal Offense?”

The even bigger question involves whether DV charges in Raleigh may be subject to such scrutiny by federal prosecutors in Raleigh.

As reported by WSOCTV in Charlotte, the United States Attorney’s Office in the Western District of North Carolina, is giving some domestic violence charges a second look. By that, we mean the District Attorney’s Office is ordinarily the government agency that prosecutes criminal charges, including DV charges, for state court offenses.

DMV Restoration Hearing

October 12, 2019 | Fanney Law Office, PLLC

Even after a “permanent revocation,” there are instances when administrative relief may be available through a process called a “conditional restoration” or “DMV restoration hearing.”

DMV hearings carry consequences, both potentially good and bad.

The inability to legally operate a motor vehicle can affect where you live, where you work, and your ability to support both yourself and your family.

Embezzlement Charges

November 4, 2018 | Fanney Law Office, PLLC

If you’ve been accused of misappropriating money or outright theft from an employer, it’s time to “lawyer up.” Rather than speaking with an HR manager, law enforcement, or even your boss about embezzlement charges, we strongly recommend you immediately call an experienced criminal defense attorney.

There are a host of reasons people take money, not realizing under the criminal laws of North Carolina it may be actually be considered a very serious felony. There are technical, but important differences between embezzlement, larceny by employee, and simple larceny charges.

Emotions tend to run high with crimes of theft or dishonesty, especially when it involes a postion of trust or authority, such as the employer-employee relationship. I personally think the best thing to do is talk to a lawyer, rather than try to explain away or justify inconsistencies in the books – John Fanney, Raleigh Criminal Defense

Robbery Charges in North Carolina

May 16, 2018 | Fanney Law Office, PLLC

Are you or a loved one facing allegations of Robbery Charges in North Carolina? You should know that robbery charges are very serious and are classified as a felony. There are different types of robbery punishments and there’s a lot you need to know before you go to court.

We’ll take you through the different types of robbery and help you decide whether you need to hire a criminal defense lawyer. They can work with people who have been accused of felony robbery charges and may be able to help reduce jail time.

1. Common Law Robbery Charges in North Carolina

How to Choose a Criminal Defense Lawyer

May 9, 2018 | Fanney Law Office, PLLC

If you’re facing allegations of criminal charges in North Carolina, felony or misdemeanor, it makes sense to begin your defense strategy immediately. Here are some handy tips on How To Choose a Criminal Defense Lawyer NC. Consider these things as part of legal representation:

Courtroom Experience Counts
NC Board Certified Criminal Defense Specialist

7 Reasons Why You Need a DUI Attorney

April 26, 2018 | Fanney Law Office, PLLC

Driving under the influence is dangerous and illegal. And, if you’re caught you could face jail time and fines, not to mention humility. The best thing you can do to avoid a DUI is to hand over your keys or find a different mode of transportation if you’ve been drinking.

If you’ve been pulled over and charged with a DUI, then you better be prepared for a long road ahead because the justice system does not take these cases lightly. Over 50% of fatal highway crashes involving two or more vehicles are alcohol related with many resulting in severe injury or death.

If you’ve been involved in a DUI incident and you’re wondering why you should get a DUI attorney, then you’ve come to the right place. In this article, we’re discussing seven reasons why it’s so important to have an attorney on hand. Keep reading to learn more.

Death Penalty in North Carolina

April 2, 2018 | Fanney Law Office, PLLC

Capital punishment, better known as the death penalty in North Carolina, is a legal sentence is over half of US states. Although legal in the majority of states, executions have been declining since 1999. That year saw 98 executions in the United States. North Carolina hasn’t used the most extreme punishment since 2006.

That is not to say the North Carolina criminal laws has abolished the death penalty. It remains the highest level of punishment under the NC structured sentencing guidelines.

If a loved-one is facing allegations of First Degree Murder charges in North Carolina, it’s imperative to speak with an experienced criminal defense attorney prior to making ANY statement or cooperating in any way with police.

Insanity Defense in North Carolina

March 26, 2018 | Fanney Law Office, PLLC

It was popular in the 80’s and early 1990’s. Some of the best defense lawyers in larger jurisdictions like California, Florida, and New York alleged diminished mental capacity as a defense to criminal charges. High profile cases like the murder of Harvey Milk in San Francisco caught the eye of the national media, coining the phrase the “Twinkie Defense.” The Insanity Defense in North Carolin involving assertions of schizophrenia became, a key issue in highly publicized murder charges in UNC Chapel Hill in 1995.

If a loved one is facing North Carolina murder charges or some other extremely serious criminal charges involving Sex Offenses, Rape, and Indecent Liberties with a minor, you may wonder if the “insanity defense” is available.

Pleading insanity is intended for people whose mental disabilities or illness prevent them from knowing that their actions were wrong. Invoking this defense requires a thorough knowledge of how courts regard mental impairment as it pertains to culpability, normally reserved for felony criminal charges in North Carolina.

How a Criminal Lawyer Can Defend You in Your Drug Trafficking Case

March 19, 2018 | Fanney Law Office, PLLC

The cold handcuffs grip your wrists like ice rings, only these rings won’t melt away on their own. Considering that you’ve just been taken into custody for drug trafficking and other felony or misdemeanor criminal charges in North Carolina. You need the help of a Board Certified Criminal Law Specialist in Raleigh NC and someone experienced handling allegations of criminal charges including:

Possession Charges
Sale and Delivery of Controlled Substances