Category: Weapons Charges

• NC GUN LAWS 2024: Surprised By Gun Violations Charges?

  October 24, 2024

  

  When it comes to gun laws in North Carolina, especially here in the Raleigh Durham area, it’s easy to find yourself on the wrong side of the law without even realizing it. NC gun laws for 2024 in North Carolina are complex, and they evolve—what was once legal may not be anymore. 

  You may think you’re following the rules, but there are specific situations where legal lines blur, and suddenly, you’re facing gun charges. Whether it’s an issue of concealed carry, possessing firearms in restricted areas, or simply being in the wrong place with your weapon, the consequences can be life-altering.

  So many times, people are going about their day, thinking they’re in full compliance with the law, only to discover that a simple mistake has led to criminal charges. This can happen even if you take pride in being responsible with your firearm.

  So, let’s explore the potential ways you can protect your rights and avoid devastating penalties. Let’s dive deeper into these laws so you can stay informed and defend yourself if needed.

  12 Surprising Ways You Can Face Gun Charges

  Being charged with a gun violation in Raleigh can feel overwhelming, especially when you believed you were following the rules! Navigating NC gun laws in 2024 requires a clear understanding of the situations that can lead to criminal charges and how to defend yourself when you’re facing them.

  Let’s break down some of the most common scenarios where people find themselves charged and what defense strategies you might have.

  1- Carrying a Concealed Weapon Without a Permit

  If law enforcement officers catch you carrying concealed weapons without a valid concealed handgun permit, you’re likely to face misdemeanor charges.

  However, a possible defense could be proving that you had no intent to conceal the weapon or that you were on your private property, where state law may allow open carry. 

  Demonstrating that you believed you were in a location where your concealed handgun permit was valid can also be an effective defense.

  

  2- Possession of a Firearm on School Property

  North Carolina gun laws strictly prohibit possessing a firearm on school property. Even if your firearm is locked in your car, you could still be charged.

  The General Assembly has been enacting penal statutes to enforce restrictions on firearm possession on school property, balancing individual rights and public safety.

  One defense in this situation might involve arguing that the gun was not accessible or that you were unaware of the restriction. If you possess a concealed handgun permit and the gun was properly stored in your locked vehicle, you might avoid conviction.

  3- Concealed Handgun in a Federal Building

  Carrying a concealed firearm in a federal building can quickly lead to serious charges under federal law due to strict legal requirements.

  One defense strategy could be proving that you were unaware you entered a federal building or that the building did not provide proper signage. If you can demonstrate that you immediately left when realizing your error, the charges could potentially be reduced.

  4- Possession of a Firearm While Under the Influence

  North Carolina law prohibits carrying a firearm if you are under the influence of alcohol or a controlled substance.

  • A possible defense could include showing that you were not impaired or that the controlled substance was legally obtained and consumed under a doctor’s supervision. 
  • Alternatively, proving that the firearm was securely stored and not accessible to you during your impaired state might help reduce the charges.

  

  5- Possession of a Firearm as a Convicted Felon

  If you’re a convicted felon found in possession of a firearm, this is typically considered a felony offense in North Carolina.

  However, if you completed your sentence more than ten years ago and have had your gun rights restored, you may be able to avoid charges. Presenting documentation of your restored rights from the local sheriff’s office could be key to your defense.

  6- Carrying a Gun in a Prohibited Area

  Carrying a firearm in places such as government buildings, hospitals, or public parks where it’s illegal can lead to misdemeanor charges.

  You can defend yourself by proving that the signage was not clear or that you had no knowledge of the restrictions in that area. If the local government didn’t provide conspicuous notice, it could be grounds for dismissing the charges.

  7- Brandishing a Firearm

  Brandishing or displaying a firearm in a threatening manner is illegal, even if you had no intent to use it.

  A defense could involve arguing that you acted in self-defense, responding to an immediate threat of deadly force. If you were in a situation where your life was in danger, your actions might be justified under North Carolina’s laws on self-defense.

  

  If you’re facing gun charges in the Raleigh-Durham area, don’t wait to seek legal help. At Scharff Law, we’re committed to protecting your rights and crafting a strong defense tailored to your situation.

  Reach out today for a FREE consultation, and let’s start building your defense together. Call us at (919) 457-1954 to schedule your free consultation.

  8- Possession of a Stolen Firearm

  Being found with a stolen firearm could lead to significant penalties, but your defense may include proving that you didn’t know the weapon was stolen.

  If you purchased the gun legally through a licensed dealer or private sale, providing receipts or background check records can demonstrate your lack of intent to possess stolen property.

  9- Unlawful Sale or Transfer of a Firearm

  If you’re charged with unlawfully selling or transferring a firearm, your defense might involve proving that you followed North Carolina’s requirements for background checks and gun sales.

  Showing that you relied on a state-licensed dealer or complied with federal regulations could help you avoid conviction.

  10- Reckless Discharge of a Firearm

  Accidentally discharging a firearm in a way that endangers others can lead to misdemeanor charges.

  One defense strategy could be proving that the discharge was truly accidental and that you took all necessary precautions to handle the gun safely. If you were following approved firearms safety protocols, this could mitigate the charges.

  11- Possession of a Firearm by Someone with Mental Health Restrictions

  North Carolina law prohibits gun ownership for individuals with certain mental health issues.

  If you’re charged under this statute, your defense could involve showing that you no longer suffer from the condition that led to your restriction or that you were wrongfully classified. If your mental health has been stabilized, petitioning for your gun rights to be restored could be a viable defense.

  

  12- Expired Concealed Handgun Permit

  If your concealed handgun permit has expired and you’re found carrying a firearm, you might face charges for carrying concealed without a valid permit. North Carolina has specific legal requirements for concealed handgun permits.

  Your defense could involve proving that your permit expired recently and that you’ve already submitted an application for renewal. Some courts may dismiss the charges if they see that you’re taking steps to renew your permit.

  Facing gun charges in Raleigh can have long-lasting consequences on your life, but knowing your defense options can make a significant difference. Whether you’re dealing with a misdemeanor or a felony, having the right legal strategy could help protect your future.

  North Carolina Gun Laws 2024

  If you’re facing gun charges in North Carolina, you’re not alone. Many responsible gun owners find themselves caught up in the state’s complex and evolving gun regulations. Even with the best intentions, it’s easy to make a mistake with so many rules about where, when, and how you can carry your firearm.

  The good news is that there are ways to defend your rights. 

  Let’s go over the most common situations where gun owners face charges and explore how you can protect yourself.

  Common Charges Related to Concealed Carry Permits

  One of the most frequent issues gun owners face is related to their concealed carry permits. Whether it’s an expired permit or being in a restricted area like a government building without realizing it, many people unknowingly violate these laws.

  North Carolina has strict regulations for concealed carry permits under the North Carolina General Assembly. While the state offers streamlined processes for permit renewal, you might still find yourself facing charges if you weren’t aware of a restriction or if your permit expired.

  If this happens, don’t panic. A strong defense can show that you were unaware of the violation or already started the renewal process, which courts may take into consideration.

  Possession on School or Government Property

  Carrying a firearm on school property or in restricted areas like state parks or government buildings is a common situation where gun owners get charged. 

  You may have had your concealed handgun locked in your car, thinking you were following the rules, only to learn later that it’s still illegal if you don’t have a concealed carry permit.

  These cases happen more often than you might think, and they don’t have to derail your life. A defense strategy may involve proving that you had no intent to break the law and that the gun was safely stored. 

  By working with an attorney familiar with North Carolina gun laws, you can navigate these charges with confidence.

  

  Carrying a Firearm While Under the Influence

  If you have a valid concealed carry permit but consume alcohol or a controlled substance, you could face charges for carrying a firearm while impaired. This happens more often than many realize, especially in social settings where a few drinks may lead to charges.

  You can defend yourself by demonstrating that you were not impaired or that your firearm was not accessible. Courts tend to be more lenient with first-time offenders who show responsibility, so a well-prepared defense can often reduce or dismiss charges.

  Gun Ownership After a Felony Conviction

  For individuals with a past felony conviction, it’s not uncommon to unknowingly violate gun laws. You may have turned your life around, but your right to bear arms may still be restricted. 

  However, there are pathways to restore your gun rights in North Carolina, especially if it has been over ten years since completing your sentence.

  If you’ve been charged with gun possession after a conviction, there are legal ways to defend yourself. An attorney can help you explore the process of petitioning for the restoration of your gun rights and ensure that any misunderstanding regarding your status is addressed in court.

  Firearms Safety and Permit Requirements

  Many gun owners face charges due to a misunderstanding about firearms safety course requirements before obtaining or renewing their concealed carry permits. If this has happened to you, don’t worry—there are ways to correct the situation.

  Courts are often lenient if you show a willingness to complete the required training and demonstrate responsible gun ownership.

  Background Checks and Gun Sales

  Changes to background check requirements in North Carolina have made it easier for gun owners to unknowingly violate the law during private gun sales. 

  You might have thought you were following the rules, but if you didn’t complete the required background check, you could be facing charges.

  If this is the case, a strong defense can show that you acted in good faith and followed the steps known to you at the time. Courts may dismiss or reduce charges if you can prove that the transaction was conducted legally to the best of your knowledge.

  Possession of Firearms in Public Spaces

  Carrying a firearm in public spaces, such as state parks, schools, or government buildings, is another area where many gun owners unknowingly violate the law. If you didn’t realize these areas were restricted or if the signage wasn’t clear, you can build a defense around that lack of awareness.

  It’s common for charges like these to be reduced or dismissed if it’s clear that you had no intention of harming anyone and genuinely believed you were following the law.

  Robust Defense of Gun Charges in Greater Raleigh Durham

  At Scharff Law, we understand that being charged with a gun-related crime in North Carolina can feel overwhelming. Many people facing these charges are responsible gun owners who unintentionally violated complicated laws.

  Whether you’re dealing with a concealed carry issue, possession in a restricted area, or a self-defense situation, it’s easy to end up in legal trouble. Our goal is to provide a strong, tailored defense that protects your rights and your future.

  Understanding North Carolina Gun Laws

  Gun laws in North Carolina are complex. From restrictions on where you can carry your firearm to who can legally own one, many nuances can easily trip you up.

  If you’re facing charges for carrying a concealed handgun without a valid permit, you might not have known your permit had expired, or you may have missed a restriction in the area where you were carrying.

  At Scharff Law, we examine every detail of your case, from whether proper signage was in place to ensuring law enforcement followed all procedures correctly. Even small details can make a big difference in your defense.

  Defending Against Charges of Unlawful Possession

  Charges of unlawful possession often arise in situations that are not black and white. You may have had a past conviction but were unaware of how it impacted your right to own a firearm. If you’ve been charged with possession of a firearm as a felon, we can explore legal pathways to restore your gun rights or reduce your penalties.

  We have experience helping clients petition for the restoration of their gun rights after serving their sentence. Our team will guide you through the process and fight to restore your right to bear arms.

  Protecting Your Rights in Self-Defense Cases

  If you used a firearm in self-defense, North Carolina law allows for the use of deadly force in certain situations. However, law enforcement may still charge you if they believe the circumstances don’t meet the state’s self-defense requirements.

  We know how to build a defense around your right to protect yourself, demonstrating that you acted lawfully in response to a real threat. Our team will work to present evidence that proves your actions were justified, whether you were protecting yourself, your family, or your property.

  Why You Need a Strong Defense

  Facing gun charges is serious, and the penalties can range from fines to long-term imprisonment, depending on the severity of the offense.

  Gun convictions can also impact your ability to find a job, own property, or even restore your gun rights. That’s why it’s critical to have a defense team that understands North Carolina gun laws and how to navigate the legal system.

  We take the time to investigate every detail of your case, challenge any procedural errors, and ensure that law enforcement officers followed the proper protocols during your arrest or investigation.

  Contact Scharff Law for a Free Consultation

  If you’re facing gun charges in the Raleigh-Durham area, don’t wait to seek legal help. At Scharff Law, we’re committed to protecting your rights and crafting a strong defense tailored to your situation.

  Reach out today for a FREE consultation, and let’s start building your defense together. Call us at (919) 457-1954 to schedule your free consultation.

• Is Breaking and Entering a Felony or Misdemeanor in NC?

  October 16, 2024

  

  Figuring out whether breaking and entering in North Carolina could land you with a misdemeanor or a felony charge depends on several key factors. If you’re unsure where you stand, it’s important to dig into the details.

  • Did you enter a home, a vehicle, or another structure?
  • Was the building occupied?
  • What was your intent when you went inside?

  In North Carolina, these questions can make all the difference between a slap on the wrist and facing serious jail time. By understanding how the law works and where you fit in, you’ll be better prepared to protect your future.

  Let’s break it down so you can stay informed and ready to handle what’s ahead.

  Breaking and Entering: Misdemeanor or Felony Charges in NC?

  In North Carolina, breaking and entering can land you with either a misdemeanor or a felony charge, depending on the circumstances.

  Whether you pushed open an unlocked door or climbed through an open window, the legal consequences hinge on several factors that can change the outcome dramatically.

  Understanding these details can make all the difference in your case, especially when you’re navigating the state’s criminal laws.

  

  What Constitutes Breaking and Entering?

  Breaking and entering doesn’t always mean you physically break something to get in. In fact, simply opening an unlocked door or window to gain access to someone else’s property without permission counts as illegal entry.

  Whether it’s a dwelling house, a motor vehicle, or a commercial building, North Carolina law sees this as unlawful entry, which can lead to serious legal trouble. The type of property and your intent inside play crucial roles in determining whether your breaking and entering charge will result in a misdemeanor or felony.

  Unlawful Entry: When Breaking and Entering Is a Misdemeanor

  A misdemeanor breaking and entering charge occurs when you enter someone’s private property without the intent to commit any further crime inside. This is considered a less serious offense under the law, but it can still result in community punishment, active jail time, or a permanent criminal record.

  Suppose your intent was simply to be in a place you had no permission to enter, but no further crime was intended. In that case, the justice system may treat your offense as a misdemeanor, with penalties that are less severe than felony charges.

  When Breaking and Entering Escalates to a Felony

  Breaking and entering turns into a felony when there’s criminal intent behind the act. If you break into a dwelling house or other building with the intent to commit a more serious crime, like theft or assault, North Carolina law considers this a felony offense. A felony breaking and entering charge, especially if it involves a dwelling or a place of religious worship, is treated as a more serious offense.

  A class H felony, the most common charge for felony breaking and entering, can carry severe penalties like a prison sentence, intermediate punishment, or hefty fines. Felony offenses often lead to harsher penalties, particularly if prior convictions are part of the equation.

  

  The Role of Legal Defenses in Breaking and Entering Cases

  If you’re facing breaking and entering charges, building a strong defense can be critical to the outcome of your case.

  Sometimes, a criminal defense lawyer may argue that you had the owner’s permission to enter or that no further crime was intended inside. These arguments can help in getting charges dismissed or reduced, potentially saving you from severe penalties or a permanent criminal record.

  In cases where mistaken identity or lack of evidence is involved, a defense lawyer may work to cast reasonable doubt on the prosecution’s case. Understanding the legal landscape and seeking legal counsel can provide you with the robust representation needed to navigate these complex criminal proceedings.

  Navigating the Complex Legal Landscape

  Breaking and entering charges may seem straightforward, but the legal terms and potential penalties are far more complex. Whether you’re dealing with a misdemeanor or a felony charge, having a deep understanding of North Carolina law is key.

  Criminal proceedings involving property crimes can be intimidating, but seeking a free consultation with a criminal defense lawyer can help you better understand your options.

  Call us at Scharff Law today at (919) 457-1954 to schedule your FREE consultation. You don’t have to go through this alone – we’re here to help.

  Penalties for Misdemeanor and Felony Breaking and Entering Convictions

  If you’re facing breaking and entering charges in North Carolina, understanding the penalties you could face is crucial. Whether you’re looking at a misdemeanor or felony conviction, the consequences vary widely depending on the details of your case.

  Let’s explore what you can expect if you’re convicted of either charge and how certain factors—like prior convictions or intent—play into the severity of your sentence.

  Penalties for Misdemeanor Breaking and Entering Convictions

  A misdemeanor breaking and entering conviction generally means the legal system has determined that while you unlawfully entered someone else’s private property, you did not intend to commit a further crime inside. Even though it’s a less serious offense compared to a felony, it still carries penalties that can impact your life.

  In some cases, you could face community service or probation, and for more serious offenses, active jail time is a possibility. The presence of prior convictions might push the court toward harsher penalties, making it important to fully understand your situation and legal options.

  In North Carolina, this misdemeanor charge can often be treated as criminal trespass, especially if the perpetrator’s intent was simply to be somewhere they shouldn’t have been, without any intent to cause physical harm or steal property.

  However, even without any criminal intent, this conviction still goes on your record, potentially leading to long-term consequences like difficulty finding housing or employment.

  Depending on the circumstances, it’s possible to have these charges reduced or dismissed with the right legal defense. Consulting with legal counsel early in the process can make a significant difference.

  

  Penalties for Felony Breaking and Entering Convictions

  When breaking and entering escalates to a felony, the penalties become far more severe.

  A felony charge typically means the defendant intended to commit a further crime inside the building or vehicle they entered, such as theft, assault, or another serious offense. This “felonious intent” is a crucial factor that moves the crime from a misdemeanor to a felony under North Carolina law.

  If convicted, you could face prison time, fines, or intermediate punishment, with the length and severity of the sentence influenced by any prior convictions or aggravating factors.

  For example, if the building entered was a dwelling—someone’s home—the penalties are harsher, as North Carolina treats breaking into a residence as a more serious offense. Additionally, if the crime involved unauthorized entry into a place of worship or a government building, the court may impose even stricter penalties.

  A felony breaking and entering conviction can lead to:

  • A lengthy prison sentence
  • Hefty fines
  • A permanent criminal record

  If prior convictions exist, they can bring an even longer prison sentence, potentially landing you in federal prison, depending on the nature of the crimes.

  How Prior Convictions and Aggravating Factors Influence Sentencing

  Prior convictions play a significant role in determining the penalties for breaking and entering.

  • If you have a criminal record, especially for similar offenses, the court is likely to impose harsher penalties.
  • Aggravating factors, such as using force to gain access or causing physical harm, can also lead to more severe punishment.

  On the other hand, if it’s your first offense and no harm was done, you might receive a lighter sentence. The legal system takes all these factors into account during sentencing, and understanding your options is essential for mounting a strong defense.

  Why Legal Counsel is Crucial for Breaking and Entering Charges

  When you’re dealing with breaking and entering charges, the complexity of criminal law can be overwhelming. Having an experienced defense lawyer by your side can help you navigate the legal system and build a defense tailored to your case.

  Whether you’re hoping to get charges dismissed or reduced or you’re preparing for a trial, getting legal advice through a free consultation is a vital first step.

  The right legal defenses can make all the difference, especially when it comes to understanding the nuances of your case—like whether the owner’s permission was involved or if you were mistaken for another person breaking into the property.

  In the end, facing these charges is serious, but with the right defense, you can explore every legal option to avoid the harshest penalties.

  

  Experienced Breaking and Entering Attorney in Raleigh, NC

  If you’re facing breaking and entering charges in Raleigh, North Carolina, it’s critical to have a knowledgeable attorney by your side. The legal process can be confusing, especially when you’re trying to understand the difference between a misdemeanor and a felony charge.

  Having a legal professional guide you through the complex criminal law landscape ensures that you know your rights and options and can make informed decisions for your future.

  Why You Need a Breaking and Entering Attorney

  Breaking and entering charges are serious offenses that can carry heavy penalties, including jail time and a permanent criminal record.

  Whether you’re charged with a misdemeanor or a felony depends on the details of your case, such as the type of property entered and your intent at the time of entry. A skilled attorney can help break down the charges and work with you to build a defense.

  An experienced breaking and entering attorney knows how to navigate the legal system, challenge evidence, and argue on your behalf, whether it’s proving mistaken identity, lack of criminal intent, or that you had the owner’s permission to enter the property.

  Legal counsel can provide you with the robust representation needed to fight for the best possible outcome, which could mean:

  • Reduced charges
  • Lighter penalties
  • Dismissal of the case

  How an Attorney Can Help Defend You

  Your attorney will analyze every detail of your case to uncover any potential defenses.

  They might argue that there was no intent to commit a further crime inside or that the property you entered wasn’t a dwelling, reducing the severity of your charges.

  Another crucial defense is establishing that the breaking and entering did not meet the legal criteria required under North Carolina law. An attorney can also argue that evidence was improperly handled, casting doubt on the prosecution’s case.

  Facing a class H felony for breaking and entering can be life-changing, with penalties ranging from fines to prison time. Your attorney can help negotiate for a lighter sentence, such as community service or probation if mitigating factors exist.

  With prior convictions or aggravating circumstances, however, the stakes are higher, and having a lawyer who understands North Carolina’s criminal laws can make a significant difference.

  Get the Help You Need Today

  Don’t face breaking and entering charges alone. Working with an experienced criminal defense lawyer ensures that you’re taking every step to protect your rights and your future.

  Scharff Law has a deep understanding of North Carolina law and offers personalized, aggressive legal representation to fight your charges. We offer a free initial consultation, giving you the chance to discuss your case and learn how we can help you move forward.

  Call us today at (919) 457-1954 to schedule your FREE consultation. You don’t have to go through this alone – we’re here to help.

• Can You Go to Jail for a Misdemeanor in North Carolina?

  August 16, 2024

  

  If you’re facing a misdemeanor charge in North Carolina, you might be wondering, “Can this really land me in jail?” It’s a question that carries a lot of weight, especially when you’re not sure what to expect. 

  We all know the anxiety that comes with not knowing what might happen next. But here’s the thing—understanding how the law works can make all the difference.

  We’re going to break down what a misdemeanor is, the potential consequences, and what you can do to protect yourself.

  By the time we’re done, you’ll have a clearer picture of where you stand and what steps you can take to move forward with confidence. Let’s dive in.

  Can You Go to Jail for a Misdemeanor?

  Understanding Misdemeanor Offenses in North Carolina

  When you’re facing a misdemeanor charge in North Carolina, the uncertainty can feel overwhelming. Whether it’s a first-time offense or a repeat encounter with the law, the potential consequences weigh heavily on your mind.

  In North Carolina, misdemeanor offenses can range from something as minor as a traffic violation to more serious crimes like petty theft, disorderly conduct, or possession of controlled substances.

  But the big question is—can you go to jail for a misdemeanor?

  

  The Short Answer: Yes, You Can Go to Jail for a Misdemeanor

  In North Carolina, misdemeanors are categorized into four classes: A1, 1, 2, and 3. The severity of the misdemeanor determines the potential jail sentence.

  • For example, a Class A1 misdemeanor, the most serious, can result in a jail sentence of up to 150 days in a county jail. 
  • Even less severe misdemeanors, like a Class 3, could still lead to some jail time, especially if aggravating factors are involved or if it’s not your first offense.

  It’s essential to recognize that even for what may seem like simple misdemeanors, jail for a misdemeanor is a real possibility.

  Factors That Influence Jail Time

  Several factors can influence whether you’ll serve time for a misdemeanor.

  • Your criminal history plays a significant role—first-time misdemeanor offenders might receive a more lenient sentence, such as probation or community service, while repeat offenders could face harsher penalties.
  • The nature of the offense also matters. For instance, crimes involving controlled substances or weapons violations are likely to result in stiffer penalties.
  • Additionally, the district attorney’s approach and the specific circumstances surrounding your case can affect the outcome.

  Sometimes, a skilled criminal defense attorney can negotiate for reduced charges or alternative sentencing options, helping you avoid jail time.

  Alternatives to Jail for Misdemeanor Convictions

  In some cases, North Carolina courts offer alternatives to jail, particularly for first-offense misdemeanors or less severe crimes. These alternatives can include probation, fines, community service, or attending educational programs.

  However, it’s important to understand that these options aren’t guaranteed. The decision rests with the court and depends on factors like the specifics of the misdemeanor offense and your criminal history.

  While alternatives to jail might be available, the possibility of serving time is always on the table, especially for gross misdemeanors or those with aggravating factors.

  What to Do If You’re Facing a Misdemeanor Charge

  If you’re facing a misdemeanor charge in North Carolina, it’s crucial to take the situation seriously. Even a petty misdemeanor can have lasting consequences on your life.

  Consulting with a criminal defense attorney can make a significant difference in how your case is handled. An experienced attorney can guide you through the legal process, represent you in court, and work to minimize the impact of the charges on your life.

  At the Scharff Law Firm, we offer a free consultation to discuss your case and explore your options.

  Misdemeanors Can Be a Big Deal

  The reality is you can go to jail for a misdemeanor in North Carolina. While jail sentences can vary depending on the specifics of the case, the risk is real.

  Whether it’s a simple misdemeanor or a more serious offense, understanding your rights and options is key to navigating the legal landscape.

  Don’t wait until it’s too late—get informed, seek legal counsel, and take the steps necessary to protect your future.

  

  Common Misdemeanor Offenses and Penalties in North Carolina

  Some of the most frequently charged misdemeanor crimes in North Carolina include traffic violations, petty theft, and possession of controlled substances.

  • Traffic violations, such as reckless driving or driving while impaired (DWI), are often considered misdemeanors and can carry penalties ranging from fines to jail time, especially if they involve aggravating factors like causing an accident.
  • Petty theft, disorderly conduct, and possession of small amounts of controlled substances are also common misdemeanor offenses.

  Although these might seem like minor infractions, they can lead to significant consequences, including a criminal record and the possibility of serving time in a county jail.

  Let’s take a closer look at the most common 14 misdemeanor charges in North Carolina and what penalties they might carry.

  1- Misdemeanor Larceny

  One of the most frequently charged offenses, misdemeanor larceny, involves unlawfully taking someone else’s property. With 44,667 cases in just one year in NC, it’s clear that this charge is not uncommon. 

  While it might seem minor, a conviction can still result in fines, probation, or even jail time, especially for repeat offenders.

  2- Possession of Drug Paraphernalia

  With 38,688 cases in just one year, possession of drug paraphernalia is a common charge in North Carolina. This offense involves having items that could be used for consuming, packaging, or preparing drugs. 

  Depending on your criminal history, you could face fines, probation, or a short jail sentence.

  3- Possession of Up to 1/2 Ounce Marijuana

  Possession of small amounts of marijuana is one of the more common misdemeanor charges, with 31,287 cases in one year. 

  While North Carolina has strict drug laws, first-time offenders might receive lighter sentences, such as diversion or fines or community service, rather than jail time.

  4- Possession of Marijuana Paraphernalia

  Closely related to drug possession, this charge applies when you’re caught with items used to smoke or store marijuana. With 30,623 cases in a year, it’s clear this is a frequent issue in North Carolina. 

  Like other drug-related offenses, penalties can range from fines to jail time, depending on the circumstances.

  5- Resisting an Officer

  Resisting, delaying, or obstructing an officer is a serious misdemeanor, with 28,016 cases reported in one year. 

  Even though it may not seem like a significant crime, it can lead to a criminal conviction and penalties such as probation, community service, or even jail time.

  6- Second-Degree Trespass

  Entering someone’s property without permission is considered second-degree trespass, a charge that accounts for 22,701 cases in a year. 

  The penalties for this offense can vary but often include fines or community service, especially if it’s a first offense.

  7- Injury to Personal Property

  Damaging someone else’s personal property is a common misdemeanor, with 15,925 cases in a year. 

  This charge can result in fines and restitution to the property owner, and in more severe cases, jail time could be a possibility.

  8- Possession of a Schedule VI Controlled Substance

  Possession of Schedule VI substances, such as marijuana, can lead to serious consequences. 

  With 12,883 cases in a year, it’s clear this happens often. Depending on the amount and your criminal history, penalties could include fines, probation, or even jail time.

  9- Possession of Stolen Goods

  Possessing items that you know (or should know) are stolen is a misdemeanor offense, with 9,027 cases reported in one year. 

  This charge can lead to penalties such as fines, restitution, or jail time, depending on the value of the stolen goods and your criminal history.

  10- Public Order

  This charge, with 8,276 cases in one year in NC, is typically related to offenses that disrupt public order, such as disorderly conduct. 

  Penalties often include fines and community service, but jail time is possible, particularly for repeat offenders.

  11- Shoplifting, Concealment of Goods

  Shoplifting is a common misdemeanor charge, with 6,916 cases in one year in NC. Concealment of goods, even if you haven’t left the store, can still lead to criminal charges. 

  Penalties range from fines and community service to possible jail time, particularly for repeat offenders.

  12- Injury to Real Property

  Damaging real property, such as buildings or land, is another common misdemeanor, with 6,491 cases in one year. 

  This charge can result in fines, restitution, and in more severe cases, jail time.

  13- Carrying a Concealed Gun

  With 6,473 cases in one year, carrying a concealed weapon without the proper permit is a serious misdemeanor in North Carolina. 

  Penalties can be severe, including fines, probation, or jail time, especially if the offense is connected to other criminal activity.

  14- Possession of Schedule IV Controlled Substance

  Possession of Schedule IV substances, which can include certain prescription drugs, accounted for 4,803 cases in one year. 

  This charge can lead to fines, probation, or jail time, depending on the quantity and intent.

  

  Experienced Criminal Defense for North Carolina Misdemeanor Charges

  At Scharff Law, we understand that facing a misdemeanor charge can be a daunting and stressful experience. Whether it’s your first encounter with the legal system or you’ve been through this before, the uncertainty of what lies ahead can feel overwhelming.

  You might be anxious about the possible penalties, including whether you could go to jail, and how a conviction might impact your future. That’s where we come in.

  Comprehensive Defense for a Wide Range of Misdemeanor Charges

  Our team at Scharff Law is well-versed in defending clients against a wide variety of misdemeanor charges. 

  We’ve seen it all, from misdemeanor larceny to possession of drug paraphernalia, and we know how to navigate the complexities of the North Carolina legal system.

  We work tirelessly to ensure that your rights are protected and that you receive the best possible outcome for your case.

  

  Personalized Attention to Your Unique Situation

  Every case is different, and we believe that your defense should be tailored to your specific circumstances. Whether you’re facing charges for possession of marijuana, resisting an officer, or carrying a concealed gun, we take the time to understand the details of your situation.

  We know that factors like your criminal history, the specifics of the alleged offense, and even the attitude of the district attorney can all play a role in the outcome of your case. 

  That’s why we’re committed to providing you with a personalized defense strategy that takes all these factors into account.

  Fighting to Minimize Penalties and Avoid Jail Time

  One of the most pressing concerns for anyone facing a misdemeanor charge is the potential for jail time. 

  Some offenses, like second-degree trespass or injury to personal property, might result in lighter penalties such as fines or community service. However, other charges, like possession of a Schedule IV controlled substance or shoplifting, could lead to more severe consequences.

  Our goal is always to minimize the penalties you face, whether that means negotiating for reduced charges, securing probation instead of jail time, or fighting for a complete dismissal of the charges against you.

  A Strong Defense for Drug-Related Misdemeanors

  Drug-related offenses, such as possession of marijuana paraphernalia or a Schedule VI controlled substance, are among the most common misdemeanor charges in North Carolina. These cases can be challenging due to the state’s strict drug laws, but we’re here to help you navigate these waters.

  We work diligently to explore every possible defense, from questioning the legality of the search and seizure to negotiating alternative sentencing options that can help you avoid a criminal conviction and keep your record clean.

  Supporting You Every Step of the Way

  We know that the legal process can be confusing and intimidating, especially if you’ve never been through it before. That’s why we’re committed to guiding you through every step of the process, from your initial court appearance to the final resolution of your case.

  We believe that informed clients make the best decisions, so we take the time to explain your options, answer your questions, and keep you updated on the status of your case.

  With Scharff Law by your side, you can feel confident that you have a dedicated and experienced legal team fighting for your rights.

  Don’t Face Misdemeanor Charges Alone

  Facing misdemeanor criminal charges in North Carolina can be a serious matter with long-lasting consequences. Whether you’re dealing with a charge for shoplifting, resisting an officer, or any other misdemeanor offense, it’s important to have a strong defense in your corner.

  At Scharff Law, we’re here to provide you with the experienced, personalized, and committed defense you need to protect your future. 

  Don’t wait to seek legal help—contact us today to schedule a free consultation and take the first step toward securing the best possible outcome for your case.

• How to Beat a Concealed Weapons Charge in North Carolina

  January 16, 2024

  Facing charges for carrying a concealed weapon in North Carolina can be a daunting and confusing experience. If you’re grappling with a concealed weapon charge in North Carolina, it’s crucial to understand the specifics of NC laws, your fundamental rights, and the most effective strategies for defense.

  This is not just about legal jargon and complex statutes; it’s about your life, your rights, and your freedom.

  Being accused of carrying a concealed weapon can lead to anxiety and uncertainty about your future. So our guide delves into the nuances of North Carolina’s concealed weapon laws, outlines your rights under NC law, and emphasizes the importance of seeking qualified legal assistance.

  We’ll explore defense strategies for unlawfully carrying a deadly weapon under NC law and provide a roadmap for navigating the state’s court system. This information is vital for anyone facing these charges and seeking to understand their options and the best course of action.

  Remember, knowledge is power, especially when it comes to deadly weapon charges. So, take this first step towards empowering yourself with the essential information you need. Read on to fully understand concealed weapon charges in North Carolina and walk forward with confidence and clarity.

  Understanding NC’s Concealed Weapons Laws

  North Carolina’s approach to concealed weapons is governed by specific laws and statutes with complex nuances. We’ll start by clarifying what constitutes a concealed deadly weapon and the legal obligations surrounding its possession and use.

  Legal Definition and Scope

  In North Carolina, a carrying a concealed weapon is defined under N.C. Gen. Stat. § 14-269 as any deadly weapon, notably a gun or knife, which is carried in such a manner as to be concealed from the view of others.

  This includes weapons carried on the person or in close proximity, such as in a bag or vehicle. However, the law provides certain exceptions for individuals with valid concealed carry permits, as outlined in N.C. Gen. Stat. § 14-415.11.

  You Can Face Charges for Concealing These Weapons in North Carolina

  In North Carolina, understanding what types of weapons can lead to charges as a concealed carry is crucial for anyone living in or visiting the state.

  The definition of carrying a concealed weapon extends beyond firearms and includes a variety of items that might not be immediately recognized as dangerous or illegal to carry concealed.

  Firearms

  The most common and widely recognized weapons involved in concealed weapon charges are firearms. If you possess firearms such as handguns, pistols, and revolvers in concealment, you can face an unlawful firearm possession charge. North Carolina law requires individuals to have a valid Concealed Handgun Permit to carry these firearms in a concealed manner.

  Even with a concealed pistol and carry permit, you can face gun charges for

  • You have a proper permit but are carrying a concealed handgun without the permit in your possession
  • You fail to disclose to any law enforcement officer that you hold a valid permit and are carrying a concealed handgun

  A court may require you to pay a fine of up to five hundred dollars ($500.00) or surrender your permit.

  However, carrying a concealed handgun in a prohibited area, such as a school premises, can make you guilty of a felony or a Class 1 misdemeanor. N.C. Gen. Stat. § 14-415.11.

  Knives and Other Sharp Instruments

  The concealed carry of another deadly weapon, such as certain types of knives and sharp instruments, is illegal. For example, carrying concealed weapons such as “bowie knives,” “dirks,” “dagger-type” knives, and other similar sharp-edged or pointed weapons can lead to charges. These items, when concealed on one’s person or in close proximity, can lead to charges and a jail sentence.

  However, possessing a small common pocket knife is not a problem under NC law.

  Other Prohibited Weapons

  Additionally, North Carolina law prohibits the concealed carry of several other types of weapons. These include stun guns, tasers, other electric shock weapons, brass knuckles, and certain types of martial arts weapons.

  It’s important to note that the legality of carrying these items can vary based on the context and the individual’s intent.

  Permit Requirements

  To legally carry a concealed weapon in North Carolina, an individual must obtain a Concealed Handgun Permit (CHP) as per N.C. Gen. Stat. § 14-415.12. The process involves meeting various criteria, including age, residency, and completion of a firearms training course.

  Notably, the law emphasizes that having a permit does not grant unrestricted rights to carry concealed weapons in all locations. Restrictions apply in areas such as schools, certain state properties, and establishments where alcohol is sold and consumed.

  Common Violations

  Violations of concealed weapons laws typically occur when individuals carry a concealed weapon without a valid permit or in restricted areas. It’s also a violation if the carrier of the weapon is under the influence of alcohol or drugs.

  Penalties for such violations can range from fines to imprisonment, depending on the severity and nature of the offense as articulated in N.C. Gen. Stat. § 14-415.21.

  Your Rights Under NC Law

  When facing a concealed weapon charge in North Carolina, it’s crucial to be aware of your legal rights. These rights are designed to protect individuals during the legal process and ensure fair treatment under the law.

  The Right to Remain Silent

  One of the fundamental rights in any criminal proceeding, including weapon charges, is the right to remain silent.You have the right not to answer any questions posed by law enforcement officers without an attorney present. This is crucial, as anything you say can be used against you in court, even before an arrest occurs.

  The Right to Legal Counsel

  Under the Sixth Amendment, you have the right to an attorney. If you can’t afford an attorney, the judicial system will appoint one for you at government expense. This right to a criminal defense attorney is critical, especially in complex cases for carrying a concealed weapon. Legal expertise can significantly impact the outcome.

  Search and Seizure Protections

  The Fourth Amendment protects individuals from unreasonable searches and seizures. In North Carolina, this means law enforcement officers must have a warrant or probable cause to search your person or property.

  If a deadly weapon is found during an illegal search, it may be possible to fight to have the evidence excluded under the exclusionary rule.

  Right to a Fair Trial

  Every person charged with a crime in North Carolina has the right to a fair trial. This includes the right for an impartial jury and to confront witnesses against you. A fair trial ensures the protection of your rights throughout the legal process.

  Right to Appeal

  If you face conviction for an unlawful possession charge, North Carolina law grants you the right to appeal the court’s decision. An appeal can address issues like legal errors that occurred during the trial, which might have affected the outcome.

  Understanding these rights can significantly influence how you handle a concealed weapon charge under North Carolina law. It’s advisable to exercise these rights and seek qualified legal assistance to navigate the complexities of the legal system effectively.

  Seeking Legal Assistance in North Carolina

  Navigating a concealed weapon charge in North Carolina can be complex, making the role of qualified legal counsel crucial. This section focuses on the importance of seeking legal assistance and what to consider when choosing a defense attorney in NC.

  Importance of Legal Expertise

  In cases involving concealed weapons charges, the legal system can be intricate and challenging to navigate without proper knowledge.

  An experienced criminal defense attorney can provide essential guidance, from understanding your rights to developing an effective criminal defense strategy. Criminal defense attorneys can also assist in navigating the nuances of North Carolina’s specific laws and procedures. A local attorney often can work with prosecutors to prevent a conviction outside of the courtroom.

  Finding the Right Attorney

  When looking for a defense attorney in North Carolina, consider their experience in handling similar cases. It’s beneficial to work with a lawyer who has a strong track record in dealing with concealed weapons charges and is well-versed in NC law.

  Attorney’s Role in Your Defense

  A criminal defense attorney will represent your interests throughout the legal process. This representation includes reviewing the circumstances of your charge, examining the evidence, and determining if your rights were violated during the arrest or search.

  They can negotiate plea deals or represent you at trial, ensuring that your case is presented effectively and your defense is robust. Whether you’re facing a felony conviction or worried about being convicted of misdemeanor charges, your lawyer can help you fight for your rights.

  Building a Defense Strategy

  Your attorney will work with you to develop a defense strategy tailored to your specific case. This may involve challenging the evidence, arguing for the legality of the weapon possession, or negotiating reduced charges or penalties. The strategy will depend on various factors, including the circumstances of your case and your legal history.

  Many defenses exist that your attorney may strategize for your particular case. However, specific defenses outlined in NC Law include:

  • The weapon was not a firearm
  • You were in, or on the way to, or from, an activity in which you legitimately used the weapon, possessed the weapon for that legitimate use, and did not use or attempt to use the weapon for an illegal purpose.
  • You did not actually conceal the weapon

  Communication and Support

  Effective communication with your attorney is vital. Ensure that they keep you informed about the progress of your case and are available to answer your questions. A good attorney will not only provide legal representation but also offer support and guidance through what can be a stressful time.

  Seeking legal assistance is a critical step in dealing with a concealed weapon charge in North Carolina. A qualified attorney can offer the expertise and support necessary to navigate the legal challenges and work towards the best possible outcome in your case.

  Challenging the Legality of the Weapon Seizure

  A common defense in concealed weapon cases involves questioning the legality of how police discovered and seized the weapon.

  Under the Fourth Amendment, any evidence obtained through an illegal search and seizure can be inadmissible in court. In NC, if your attorney can prove that the search conducted was without probable cause or a valid warrant, the court may exclude the evidence, significantly impacting the prosecution’s case.

  Proving Lawful Possession

  In cases where you possess a valid Concealed Handgun Permit (CHP) as per N.C. Gen. Stat. § 14-415.12, your defense can focus on proving that your possession of the weapon was lawful.

  This involves demonstrating compliance with all permit requirements and ensuring that you did not carry the weapon in any location with prohibited concealed carry.

  Asserting Lack of Intent

  Another strategy is to show a lack of intent to conceal the weapon. Under NC law, the prosecution must prove that you intentionally concealed the weapon. A valid defense is if your attorney can show that your concealment was unintentional or accidental. We have also been successful in many cases in challenging the evidence of concealment. By obtaining body camera evidence from law enforcement, we have found that sometimes the weapon isn’t concealed at all. 

  Carrying a Concealed Weapon for Self-Defense

  In some cases, the argument of self-defense can be used. If you can establish that you carried the weapon for self-defense in a situation where you felt an immediate and reasonable threat to your safety, this can be a potential defense.

  However, this strategy requires careful legal consideration, as it involves proving the necessity and reasonableness of carrying the weapon for self-defense.

  Mitigating Circumstances to Prevent a Felony Conviction

  Mitigating circumstances, such as lack of prior criminal record or character references, can also be influential in defense. These factors don’t necessarily negate the charge but can play a role in reducing potential penalties or in plea negotiations.

  Each concealed weapon case in North Carolina is unique. An experienced legal professional tailors the defense strategy to the specific facts and circumstances of the case. A qualified attorney can help navigate these strategies and choose the most appropriate one based on the evidence and legal standards in NC.

  Navigating the Court System When Facing Concealed Carry Charges in NC

  Understanding and navigating the court system in North Carolina is crucial for anyone facing a concealed weapon charge. This section provides insights into the legal process, including what to expect in court and how to prepare for hearings and trials.

  Initial Steps After a Charge

  Once charged with a concealed weapon offense in North Carolina, the first step is typically an initial hearing or arraignment. During this phase, you will be formally charged, and the judge will explain your rights and the charges against you. This is also when you can enter a plea (guilty, not guilty, or no contest).

  Pre-Trial Proceedings

  If you plead not guilty, the case proceeds to pre-trial stages, including discovery, where both the defense and prosecution exchange information about the evidence and witnesses. Your attorney may file motions during this time, such as those to suppress evidence if there were issues with how law enforcement obtained the evidence.

  The Role of Plea Bargaining

  In North Carolina, as in other states, many cases find resolution through plea bargaining before reaching trial. Plea bargains can involve agreeing to a lesser charge or reduced sentence in exchange for a guilty plea. Your attorney will negotiate with the prosecutor and advise on whether a plea deal is in your best interest.

  The Trial Process

  If the case goes to trial, it will typically be before a judge in district court or a jury in a superior state court. The trial includes opening statements, witness testimonies, cross-examinations, and closing arguments. In North Carolina, the prosecution must prove your guilt beyond a reasonable doubt. Your defense attorney will present your case, challenging the prosecution’s evidence and providing your defense.

  Sentencing and Appeals

  If convicted, sentencing in North Carolina will depend on various factors, including the nature of the offense and any prior criminal history. North Carolina uses structured sentencing, which provides a range of potential penalties. If you believe there were legal errors in your trial, you have the right to appeal the conviction or sentence.

  Navigating the court system in North Carolina requires an understanding of these processes and steps. With the assistance of a knowledgeable attorney, you can effectively prepare for each stage, from initial hearings to potential trials and appeals.

  An Experienced Criminal Defense Attorney Can Help

  At Scharff Law, we understand the gravity and complexity of facing a concealed weapon charge in North Carolina. Our team of experienced attorneys provides comprehensive legal support and representation tailored to your unique situation. We know that every case is different, and we approach each one with the attention to detail and personalized care it deserves.

  Our experience with North Carolina’s weapons laws allows us to offer you the most effective defense strategies. From the moment you enlist our services, we work tirelessly to analyze every aspect of your case, from the circumstances of your arrest to the specificities of the state’s legal requirements. We pride ourselves on our ability to navigate the legal system, ensuring that we protect your rights every step of the way.

  We believe that open communication is key to a successful attorney-client relationship. That’s why we inform and involve you throughout the legal process, providing clear explanations and practical advice to help you make informed decisions. 

  Our goal as a law firm is not only to represent you in court but also to be your advocate and guide in this challenging time.

  At Scharff Law, we are committed to achieving the best possible outcome for your case. Whether negotiating a plea deal, challenging evidence in pre-trial motions, or representing you in court, our team brings diligence and a deep commitment to justice to every case we handle.

  Facing a concealed weapon charge can be overwhelming, but with Scharff Law by your side, you are not alone. We are here to help you navigate this difficult journey with confidence and the assurance that your own weapons case is in capable hands.

• Is Carrying a Concealed Weapon a Felony?

  November 27, 2023

  Are you carrying a concealed weapon in North Carolina? It’s a vital question with surprising legal twists. Dive into an engaging exploration of what turns a lawful act into a potential felony. We dissect North Carolina’s intricate statutes, revealing the thin line between rights and risks. This article is a must-read, offering clarity and insights for gun owners across the state. Join us as we explore the question, “Is carrying a concealed weapon a felony?”

  And if you’re already facing charges, we’ll also cover what to do next.

  Understanding Concealed Weapons: Basic Definitions

  In North Carolina, the question of whether carrying a concealed weapon is a felony is thought-provoking. The laws dictating the line between lawful possession and a felony charge are often challenging to understand. The result is law-abiding citizens getting caught in the crosshairs.

  In North Carolina, a concealed weapon refers to any weapon carried in a manner that is not visible. This definition of deadly weapon comes directly from North Carolina General Statute § 14-269. The statute classifies various items as weapons, including guns, knives, and other similar objects.

  Notably, it’s not just firearms that fall under this category. Items like specific knives or even stun guns can also be considered concealed weapons if hidden from view.

  The law specifically addresses the visibility of the weapon. A concealed weapon is not immediately noticeable by an ordinary observer. This means a weapon partly hidden under clothing or in a bag would be deemed partially concealed.

  It’s important to note the distinction between open carry and concealed carry in North Carolina.

  • Open Carry: refers to visibly carrying a weapon without any cover.
  • Concealed Carry: means the weapon is out of sight. North Carolina permits open carry without a license. However, concealed carry of a weapon typically requires a permit, as per North Carolina General Statute § 14-415.11.

  The legal definition of a concealed weapon is crucial for understanding the boundaries of the law. It sets the stage for discussing the requirements and limitations of concealed carry permits in North Carolina. Knowing what constitutes a concealed weapon is the first step in navigating these laws responsibly.

  North Carolina’s Concealed Carry Laws

  Securing a permit is the first step to legally carrying a concealed weapon in North Carolina. According to North Carolina General Statute § 14-415.12, applicants must meet several criteria for eligibility, including:

  • At least 21 years old
  • U.S. citizen or lawful permanent resident
  • Residency in North Carolina for a minimum of 30 days before applying
  • Pass a Federal background check. In 2023, North Carolina repealed its law requiring a permit to purchase a handgun. However, firearms dealers must contact the FBI to process the background check required by federal law. The aim is to ensure that applicants have no disqualifying criminal convictions or mental health concerns. However, if you possess a state firearms permit, you are exempt from the Federal background check. (1)
  • Completed an approved firearms safety and training course, which involves the actual firing of handguns and instruction in the laws of this State governing the carrying of a concealed handgun and the use of deadly force.

  The law also specifies places where concealed carry is not allowed, even with a permit. These include certain government buildings, educational institutions, and areas where alcohol is sold and consumed. Detailed restrictions are in the legal code at NCGS  § 14-415.11(c).

  However, some of the laws include:

  You can’t hide and carry certain weapons like knives, stun guns, or other dangerous items except at your own home. The law doesn’t apply to small pocket knives that are kept closed and don’t open automatically.

  You can’t hide and legally carry a gun or pistol unless one of the following is true:

  • You’re on your own property.
  • You have a legal permit for a hidden handgun and follow its rules.
  • You’re in the military with a special permit and show proof when asked.

  If you have a concealed carry permit in North Carolina, you must follow these specific rules:

  • Carry Permit with You: Always have your concealed carry permit and a valid form of identification when carrying a concealed handgun.
  • Inform Law Enforcement: Notify any law enforcement officer approaching you that you’re carrying a concealed handgun.
  • No Alcohol or Drug Impairment: Don’t carry a concealed handgun while you’re under the influence of alcohol or drugs.
  • Restricted Areas: Avoid carrying in prohibited areas like certain government buildings, schools, or any place where carrying firearms is forbidden.
  • Permit Renewal: Keep your permit valid by renewing it as required.
  • Safe and Responsible Use: Handle your weapon responsibly and safely at all times.
  • State-Owned Area: You can only keep a hidden handgun in your car in a state-owned parking area if it’s locked up after you get in or out. However, you can carry a concealed firearm on state-owned property with a concealed carry license.

  Breaking these rules can lead to a misdemeanor or, in some cases, a felony, especially if you repeat the offense.

  Some people, like military members, law enforcement, and certain government officials, can carry hidden weapons if they follow specific rules. This includes not carrying when they’ve drunk alcohol or used illegal drugs.

  Remember, it’s crucial to familiarize yourself with the complete details of North Carolina’s concealed carry laws to ensure compliance and safety. Consult an attorney working in firearms charges for the most current and comprehensive information on gun laws.

  When Is Carrying a Concealed Weapon a Felony?

  In North Carolina, carrying a concealed weapon can escalate to a felony under certain circumstances.

  • Possessing a concealed weapon becomes a felony for individuals with prior felony convictions. This statute underscores a zero-tolerance approach towards felons possessing firearms, concealed or otherwise.
  • The law also treats carrying a concealed weapon without a valid permit as a serious offense. This act is generally a misdemeanor. However, repeat offenses can elevate the charge to a felony. This progression from misdemeanor to felony highlights the importance of adhering to permit regulations.
  • Another aspect involves the use of the concealed weapon. If you use a concealed weapon in the commission of a crime, the charges can be more severe. The gravity of the offense and the use of the weapon determine the legal consequences.
  • Certain individuals may not ever legally carry concealed weapons. These individuals include those with restraining orders against them, as detailed in § 14-415.12(b)(8). Violating this prohibition can lead to felony charges.

  In conclusion, understanding these nuances is vital for anyone considering carrying a concealed weapon in North Carolina. The distinction between legal carry and committing a felony lies in adherence to the state’s statutes and acting responsibly to carry a concealed weapon legally.

  Strategic Defenses Against Concealed Firearm Charges

  There are established defenses against charges for carrying concealed weapons, like if the weapon wasn’t a firearm or you used it for a legal purpose.

  A successful defense could include one or more of the following:

  • The weapon wasn’t a firearm
  • Proving you did not conceal the weapon
  • You were on your own property
  • Demonstrating a lack of intent to use the weapon unlawfully
  • Challenging the legality of the search and seizure that led to the weapon’s discovery

  Each case is unique, and these defenses must align with the specific circumstances of the incident.

  An Experienced Concealed Firearm Charge Attorney Can Help

  At Scharff Law, we understand the complexities surrounding concealed firearm charges. Our team is dedicated to providing comprehensive legal assistance if you face weapons charges.

  With our deep knowledge of North Carolina’s firearms laws and a commitment to diligent representation, we aim to guide our clients through every step of their legal journey. Whether you’re navigating the nuances of the law, building a strong defense, or need representation in court, we are here to offer support and advocacy tailored to your unique situation.

  Get in touch today for a free consultation and find out how we can help defend you against charges of illegally carrying a concealed firearm.