Reckless Driving Ticket Law Statutes
Reckless Driving Ticket
North Carolina Speeding Ticket offenses as explained by a former prosecutor.
Questions about Speeding Ticket in North Carolina
Speeding Ticket charges.
North Carolina § 20-140. Reckless driving
(a) Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving.
(b) Any person who drives any vehicle upon a highway or any public vehicular area without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving.
(c) Repealed by Session Laws 1983, c. 435, s. 23.
(d) Reckless driving as defined in subsections (a) and (b) is a Class 2 misdemeanor.
(e) Repealed by Session Laws 1983, c. 435, s. 23.
(f) A person is guilty of the Class 2 misdemeanor of reckless driving if the person drives a commercial motor vehicle carrying a load that is subject to the permit requirements of G.S. 20-119 upon a highway or any public vehicular area either:
(1) Carelessly and heedlessly in willful or wanton disregard of the rights or safety of others; or
(2) Without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property.
North Carolina § 75A-10. Operating vessel or manipulating water skis, etc., in reckless manner; operating, etc., while intoxicated, etc.; depositing or discharging litter, etc
(a) No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device on the waters of this State in a reckless or negligent manner so as to endanger the life, limb, or property of any person.
(b) No person shall manipulate any water skis, surfboard, nonmotorized vessel, or similar device on the waters of this State while under the influence of an impairing substance.
(b1) No person shall operate any vessel while underway on the waters of this State:
(1) While under the influence of an impairing substance, or
(2) After having consumed sufficient alcohol that the person has, at any relevant time after the boating, an alcohol concentration of 0.08 or more.
(b2) The fact that a person charged with violating this subsection is or has been legally entitled to use alcohol or a drug is not a defense to a charge under subsections (b) and (b1) of this section. The relevant definitions contained in G.S. 20-4.01 shall apply to subsections (b), (b1), and (b2) of this section.
(b3) A person who violates a provision of subsection (a), (b), or (b1) of this section is guilty of a Class 2 misdemeanor.
(c) No person shall place, throw, deposit, or discharge or cause to be placed, thrown, deposited, or discharged on the waters of this State or into the inland lake waters of this State, any litter, raw sewage, bottles, cans, papers, or other liquid or solid materials which render the waters unsightly, noxious, or otherwise unwholesome so as to be detrimental to the public health or welfare or to the enjoyment and safety of the water for recreational purposes.
(d) No person shall place, throw, deposit, or discharge or cause to be placed, thrown, deposited, or discharged on the waters of this State or into the inland lake waters of this State any medical waste as defined by G.S. 130A-290 which renders the waters unsightly, noxious, or otherwise unwholesome so as to be detrimental to the public health or welfare or to the enjoyment and safety of the water for recreational purposes.
(e) A person who willfully violates subsection (d) of this section is guilty of a Class 1 misdemeanor. A person who willfully violates subsection (d) of this section and in so doing releases medical waste that creates a substantial risk of physical injury to any person who is not a participant in the offense is guilty of a Class F felony which may include a fine not to exceed fifty thousand dollars ($ 50,000) per day of violation.
North Carolina § 20-16.1. Mandatory suspension of driver’s license upon conviction of excessive speeding; limited driving permits for first offenders
(a) Notwithstanding any other provisions of this Article, the Division shall suspend for a period of 30 days the license of any driver without preliminary hearing on receiving a record of the driver’s conviction of either (i) exceeding by more than 15 miles per hour the speed limit, either within or outside the corporate limits of a municipality, if the person was also driving at a speed in excess of 55 miles per hour at the time of the offense, or (ii) driving at a speed in excess of 80 miles per hour at the time of the offense.
(b) (1) Upon a first conviction only of violating subsection (a), the trial judge may when feasible allow a limited driving privilege or license to the person convicted for proper purposes reasonably connected with the health, education and welfare of the person convicted and his family. For purposes of determining whether conviction is a first conviction, no prior offense occurring more than seven years before the date of the current offense shall be considered. The judge may impose upon such limited driving privilege any restrictions as in his discretion are deemed advisable including, but not limited to, conditions of days, hours, types of vehicles, routes, geographical boundaries and specific purposes for which limited driving privilege is allowed. Any such limited driving privilege allowed and restrictions imposed thereon shall be specifically recorded in a written judgment which shall be as near as practical to that hereinafter set forth and shall be signed by the trial judge and shall be affixed with the seal of the court and shall be made a part of the records of the said court. A copy of said judgment shall be transmitted to the Division of Motor Vehicles along with any driver’s license in the possession of the person convicted and a notice of the conviction. Such permit issued hereunder shall be valid for 30 days from the date of issuance by trial court. Such permit shall constitute a valid license to operate motor vehicles of the class or type that would be allowed by the person’s license if it were not currently revoked upon the streets and highways of this or any other state in accordance with the restrictions noted thereon and shall be subject to all provisions of law relating to driver’s license, not by their nature, rendered inapplicable.
(2) The judgment issued by the trial judge as herein permitted shall as near as practical be in form and content as follows:
This cause coming on to be heard and being heard before the Honorable
, Judge presiding, and it appearing to the court that the defendant, ,
has been convicted of the offense of excessive speeding in violation of G.S.
20-16.1(a), and it further appearing to the court that the defendant should be
issued a restrictive driving license and is entitled to the issuance of a
restrictive driving privilege under and by the authority of G.S. 20-16.1(b);
Now, therefore, it is ordered, adjudged and decreed that the defendant
be allowed to operate a motor vehicle under the following conditions and under
no other circumstances.
Name:
Race: Sex:
Height: Weight:
Color of Hair: Color of Eyes:
Birth Date:
Driver’s License Number:
Signature of Licensee:
Conditions of Restriction:
Type of Vehicle:
Geographic Restrictions:
Hours of Restriction:
Other Restrictions:
This limited license shall be effective from to subject
to further orders as the court in its discretion may deem
necessary and proper.
This the day of ,
(Judge Presiding)
(3) Upon conviction of such offense outside the jurisdiction of this State the person so convicted may apply to a district court judge of the district or set of districts as defined in G.S. 7A-41.1(a) in which he resides for limited driving privileges hereinbefore defined. Upon such application the judge shall have the authority to issue such limited driving privileges in the same manner as if he were the trial judge.
(4) Any violation of the restrictive driving privileges as set forth in the judgment of the trial judge allowing such privileges shall constitute the offense of driving while license has been suspended as set forth in G.S. 20-28. Whenever a person is charged with operating a motor vehicle in violation of the restrictions, the limited driving privilege shall be suspended pending the final disposition of the charge.
(5) This section is supplemental and in addition to existing law and shall not be construed so as to repeal any existing provision contained in the General Statutes of North Carolina.
(c) Upon conviction of a similar second or subsequent offense which offense occurs within one year of the first or prior offense, the license of such operator shall be suspended for 60 days, provided such first or prior offense occurs subsequent to July 1, 1953.
(d) Notwithstanding any other provisions of this Article, the Division shall suspend for a period of 60 days the license of any driver without preliminary hearing on receiving a record of such driver’s conviction of having violated the laws against speeding described in subsection (a) and of having violated the laws against reckless driving on the same occasion as the speeding offense occurred.
(e) The provisions of this section shall not prevent the suspension or revocation of a license for a longer period of time where the same may be authorized by other provisions of law.
(f) Repealed by Session Laws 1987, c. 869, s. 14.
(g) Any judge granting limited driving privileges under this section shall, prior to granting such privileges, be furnished proof and be satisfied that the person being granted such privileges is financially responsible. Proof of financial responsibility shall be in one of the following forms:
(1) A written certificate or electronically-transmitted facsimile thereof from any insurance carrier duly authorized to do business in this State certifying that there is in effect a nonfleet private passenger motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate or facsimile shall state the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy and shall state the date that the certificate or facsimile is issued. The certificate or facsimile shall remain effective proof of financial responsibility for a period of 30 consecutive days following the date the certificate or facsimile is issued but shall not in and of itself constitute a binder or policy of insurance or
(2) A binder for or policy of nonfleet private passenger motor vehicle liability insurance under which the applicant is insured, provided that the binder or policy states the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy.
The preceding provisions of this subsection do not apply to applicants who do not own currently registered motor vehicles and who do not operate nonfleet private passenger motor vehicles that are owned by other persons and that are not insured under commercial motor vehicle liability insurance policies. In such cases, the applicant shall sign a written certificate to that effect. Such certificate shall be furnished by the Division. Any material misrepresentation made by such person on such certificate shall be grounds for suspension of that person’s license for a period of 90 days.
For the purpose of this subsection “nonfleet private passenger motor vehicle” has the definition ascribed to it in Article 40 of General Statute Chapter 58.
The Commissioner may require that certificates required by this subsection be on a form approved by the Commissioner. Such granting of limited driving privileges shall be conditioned upon the maintenance of such financial responsibility during the period of the limited driving privilege. Nothing in this subsection precludes any person from showing proof of financial responsibility in any other manner authorized by Articles 9A and 13 of this Chapter.
North Carolina § 20-141.5. Speeding to elude arrest
(a) It shall be unlawful for any person to operate a motor vehicle on a street, highway, or public vehicular area while fleeing or attempting to elude a law enforcement officer who is in the lawful performance of his duties. Except as provided in subsection (b) of this section, violation of this section shall be a Class 1 misdemeanor.
(b) If two or more of the following aggravating factors are present at the time the violation occurs, violation of this section shall be a Class H felony.
(1) Speeding in excess of 15 miles per hour over the legal speed limit.
(2) Gross impairment of the person’s faculties while driving due to:
a. Consumption of an impairing substance; or
b. A blood alcohol concentration of 0.14 or more within a relevant time after the driving.
(3) Reckless driving as proscribed by G.S. 20-140.
(4) Negligent driving leading to an accident causing:
a. Property damage in excess of one thousand dollars ($ 1,000); or
b. Personal injury.
(5) Driving when the person’s drivers license is revoked.
(6) Driving in excess of the posted speed limit, during the days and hours when the posted limit is in effect, on school property or in an area designated as a school zone pursuant to G.S. 20-141.1, or in a highway work zone as defined in G.S. 20-141(j2).
(7) Passing a stopped school bus as proscribed by G.S. 20-217.
(8) Driving with a child under 12 years of age in the vehicle.
(b1) When a violation of subsection (a) of this section is the proximate cause of the death of any person, the person violating subsection (a) of this section shall be guilty of a Class H felony. When a violation of subsection (b) of this section is the proximate cause of the death of any person, the person violating subsection (b) of this section shall be guilty of a Class E felony.
(c) Whenever evidence is presented in any court or administrative hearing of the fact that a vehicle was operated in violation of this section, it shall be prima facie evidence that the vehicle was operated by the person in whose name the vehicle was registered at the time of the violation, according to the Division’s records. If the vehicle is rented, then proof of that rental shall be prima facie evidence that the vehicle was operated by the renter of the vehicle at the time of the violation.
(d) The Division shall suspend, for up to one year, the drivers license of any person convicted of a misdemeanor under this section. The Division shall revoke, for two years, the drivers license of any person convicted of a felony under this section if the person was convicted on the basis of the presence of two of the aggravating factors listed in subsection (b) of this section. The Division shall revoke, for three years, the drivers license of any person convicted of a felony under this section if the person was convicted on the basis of the presence of three or more aggravating factors listed in subsection (b) of this section. In the case of a first felony conviction under this section where only two aggravating factors were present, the licensee may apply to the sentencing court for a limited driving privilege after a period of 12 months of revocation, provided the operator’s license has not also been revoked or suspended under any other provision of law. A limited driving privilege issued under this subsection shall be valid for the period of revocation remaining in the same manner and under the terms and conditions prescribed in G.S. 20-16.1(b). If the person’s license is revoked under any other statute, the limited driving privilege issued pursuant to this subsection is invalid.
(e) When the probable cause of the law enforcement officer is based on the prima facie evidence rule set forth in subsection (c) above, the officer shall make a reasonable effort to contact the registered owner of the vehicle prior to initiating criminal process.
(f) Each law enforcement agency shall adopt a policy applicable to the pursuit of fleeing or eluding motorists. Each policy adopted pursuant to this subsection shall specifically include factors to be considered by an officer in determining when it is advisable to break off a chase to stop and apprehend a suspect. The Attorney General shall develop a model policy or policies to be considered for use by law enforcement agencies.
Indecent Exposure Law Statutes
Indecent Exposure
Indecent exposure in North Carolina
North Carolina § 14-190.9. Indecent exposure
(a) Unless the conduct is punishable under subsection (a1) of this section, any person who shall willfully expose the private parts of his or her person in any public place and in the presence of any other person or persons, except for those places designated for a public purpose where the same sex exposure is incidental to a permitted activity, or aids or abets in any such act, or who procures another to perform such act; or any person, who as owner, manager, lessee, director, promoter or agent, or in any other capacity knowingly hires, leases or permits the land, building, or premises of which he is owner, lessee or tenant, or over which he has control, to be used for purposes of any such act, shall be guilty of a Class 2 misdemeanor.
(a1) Unless the conduct is prohibited by another law providing greater punishment, any person at least 18 years of age who shall willfully expose the private parts of his or her person in any public place in the presence of any other person less than 16 years of age for the purpose of arousing or gratifying sexual desire shall be guilty of a Class H felony. An offense committed under this subsection shall not be considered to be a lesser included offense under G.S. 14-202.1.
(b) Notwithstanding any other provision of law, a woman may breast feed in any public or private location where she is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breast feeding.
(c) Notwithstanding any other provision of law, a local government may regulate the location and operation of sexually oriented businesses. Such local regulation may restrict or prohibit nude, seminude, or topless dancing to the extent consistent with the constitutional protection afforded free speech.
North Carolina § 14-196. Using profane, indecent or threatening language to any person over telephone; annoying or harassing by repeated telephoning or making false statements over telephone
(a) It shall be unlawful for any person:
(1) To use in telephonic communications any words or language of a profane, vulgar, lewd, lascivious or indecent character, nature or connotation;
(2) To use in telephonic communications any words or language threatening to inflict bodily harm to any person or to that person’s child, sibling, spouse, or dependent or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person;
(3) To telephone another repeatedly, whether or not conversation ensues, for the purpose of abusing, annoying, threatening, terrifying, harassing or embarrassing any person at the called number;
(4) To make a telephone call and fail to hang up or disengage the connection with the intent to disrupt the service of another;
(5) To telephone another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct or criminal conduct of the person telephoned or of any member of his family or household with the intent to abuse, annoy, threaten, terrify, harass, or embarrass;
(6) To knowingly permit any telephone under his control to be used for any purpose prohibited by this section.
(b) Any of the above offenses may be deemed to have been committed at either the place at which the telephone call or calls were made or at the place where the telephone call or calls were received. For purposes of this section, the term “telephonic communications” shall include communications made or received by way of a telephone answering machine or recorder, telefacsimile machine, or computer modem.
(c) Anyone violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
North Carolina § 14-197. Using profane or indecent language on public highways; counties exempt
If any person shall, on any public road or highway and in the hearing of two or more persons, in a loud and boisterous manner, use indecent or profane language, he shall be guilty of a Class 3 misdemeanor. The following counties shall be exempt from the provisions of this section: Pitt and Swain.
North Carolina § 14-197. Using profane or indecent language on public highways; counties exempt
If any person shall, on any public road or highway and in the hearing of two or more persons, in a loud and boisterous manner, use indecent or profane language, he shall be guilty of a Class 3 misdemeanor. The following counties shall be exempt from the provisions of this section: Pitt and Swain.
North Carolina § 14-202.1. Taking indecent liberties with children
(a) A person is guilty of taking indecent liberties with children if, being 16 years of age or more and at least five years older than the child in question, he either:
(1) Willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex under the age of 16 years for the purpose of arousing or gratifying sexual desire; or
(2) Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex under the age of 16 years.
(b) Taking indecent liberties with children is punishable as a Class F felony.
North Carolina § 14-202.2. Indecent liberties between children
(a) A person who is under the age of 16 years is guilty of taking indecent liberties with children if the person either:
(1) Willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex who is at least three years younger than the defendant for the purpose of arousing or gratifying sexual desire; or
(2) Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex who is at least three years younger than the defendant for the purpose of arousing or gratifying sexual desire.
(b) A violation of this section is punishable as a Class 1 misdemeanor.
North Carolina § 14-202.4. Taking indecent liberties with a student
(a) If a defendant, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school personnel and is at least four years older than the victim, takes indecent liberties with a victim who is a student, at any time during or after the time the defendant and victim were present together in the same school but before the victim ceases to be a student, the defendant is guilty of a Class I felony, unless the conduct is covered under some other provision of law providing for greater punishment. A person is not guilty of taking indecent liberties with a student if the person is lawfully married to the student.
(b) If a defendant, who is school personnel, other than a teacher, school administrator, student teacher, school safety officer, or coach, and who is less than four years older than the victim, takes indecent liberties with a student as provided in subsection (a) of this section, the defendant is guilty of a Class A1 misdemeanor.
(c) Consent is not a defense to a charge under this section.
(d) For purposes of this section, the following definitions apply:
(1) “Indecent liberties” means:
a. Willfully taking or attempting to take any immoral, improper, or indecent liberties with a student for the purpose of arousing or gratifying sexual desire; or
b. Willfully committing or attempting to commit any lewd or lascivious act upon or with the body or any part or member of the body of a student.
For purposes of this section, the term indecent liberties does not include vaginal intercourse or a sexual act as defined by G.S. 14-27.1.
(1a) “Same school” means a school at which (i) the student is enrolled or is present for a school-sponsored or school-related activity and (ii) the school personnel is employed, volunteers, or is present for a school-sponsored or school-related activity.
(2) “School” means any public school, charter school, or nonpublic school under Parts 1 and 2 of Article 39 of Chapter 115C of the General Statutes.
(3) “School personnel” means any person included in the definition contained in G.S. 115C-332(a)(2), and any person who volunteers at a school or a school-sponsored activity.
(3a) “School safety officer” means any other person who is regularly present in a school for the purpose of promoting and maintaining safe and orderly schools and includes a school resource officer.
(4) “Student” means a person enrolled in kindergarten, or in grade one through grade 12 in any school.
North Carolina Felony Defense Law Statutes
North Carolina Felony Defense Lawyer
DON’T BECOME A CONVICTED FELON IN NORTH CAROLINA
Felony Defense
North Carolina felony defense attorneys
North Carolina § 7B-1808. First appearance for felony cases
(a) A juvenile who is alleged in the petition to have committed an offense that would be a felony if committed by an adult shall be summoned to appear before the court for a first appearance within 10 days of the filing of the petition. If the juvenile is in secure or nonsecure custody, the first appearance shall take place at the initial hearing required by G.S. 7B-1906. Unless the juvenile is in secure or nonsecure custody, the court may continue the first appearance to a time certain for good cause.
(b) At the first appearance, the court shall:
(1) Inform the juvenile of the allegations set forth in the petition;
(2) Determine whether the juvenile has retained counsel or has been assigned counsel;
(3) If applicable, inform the juvenile of the date of the probable cause hearing, which shall be within 15 days of the first appearance; and
(4) Inform the parent, guardian, or custodian that the parent, guardian, or custodian is required to attend all hearings scheduled in the matter and may be held in contempt of court for failure to attend any scheduled hearing.
If the juvenile is not represented by counsel, counsel for the juvenile shall be appointed in accordance with rules adopted by the Office of Indigent Services.
North Carolina § 14-1. Felonies and misdemeanors defined
A felony is a crime which:
(1) Was a felony at common law;
(2) Is or may be punishable by death;
(3) Is or may be punishable by imprisonment in the State’s prison; or
(4) Is denominated as a felony by statute.
Any other crime is a misdemeanor.
North Carolina § 14-2.4. Punishment for conspiracy to commit a felony
(a) Unless a different classification is expressly stated, a person who is convicted of a conspiracy to commit a felony is guilty of a felony that is one class lower than the felony he or she conspired to commit, except that a conspiracy to commit a Class A or Class B1 felony is a Class B2 felony, a conspiracy to commit a Class B2 felony is a Class C felony, and a conspiracy to commit a Class I felony is a Class 1 misdemeanor.
(b) Unless a different classification is expressly stated, a person who is convicted of a conspiracy to commit a misdemeanor is guilty of a misdemeanor that is one class lower than the misdemeanor he or she conspired to commit, except that a conspiracy to commit a Class 3 misdemeanor is a Class 3 misdemeanor.
North Carolina § 14-2.5. Punishment for attempt to commit a felony or misdemeanor
Unless a different classification is expressly stated, an attempt to commit a misdemeanor or a felony is punishable under the next lower classification as the offense which the offender attempted to commit. An attempt to commit a Class A or Class B1 felony is a Class B2 felony, an attempt to commit a Class B2 felony is a Class C felony, an attempt to commit a Class I felony is a Class 1 misdemeanor, and an attempt to commit a Class 3 misdemeanor is a Class 3 misdemeanor.
North Carolina § 14-2.6. Punishment for solicitation to commit a felony or misdemeanor
(a) Unless a different classification is expressly stated, a person who solicits another person to commit a felony is guilty of a felony that is two classes lower than the felony the person solicited the other person to commit, except that a solicitation to commit a Class A or Class B1 felony is a Class C felony, a solicitation to commit a Class B2 felony is a Class D felony, a solicitation to commit a Class H felony is a Class 1 misdemeanor, and a solicitation to commit a Class I felony is a Class 2 misdemeanor.
(b) Unless a different classification is expressly stated, a person who solicits another person to commit a misdemeanor is guilty of a Class 3 misdemeanor.
North Carolina § 14-7.4. Evidence of prior convictions of felony offenses
In all cases where a person is charged under the provisions of this Article with being an habitual felon, the record or records of prior convictions of felony offenses shall be admissible in evidence, but only for the purpose of proving that said person has been convicted of former felony offenses. A prior conviction may be proved by stipulation of the parties or by the original or a certified copy of the court record of the prior conviction. The original or certified copy of the court record, bearing the same name as that by which the defendant is charged, shall be prima facie evidence that the defendant named therein is the same as the defendant before the court, and shall be prima facie evidence of the facts set out therein.
North Carolina § 14-7.10. Evidence of prior convictions of violent felonies
In all cases where a person is charged under this Article with being a violent habitual felon, the records of prior convictions of violent felonies shall be admissible in evidence, but only for the purpose of proving that the person has been convicted of former violent felonies. A prior conviction may be proved by stipulation of the parties or by the original or a certified copy of the court record of the prior conviction. The original or certified copy of the court record, bearing the same name as that by which the defendant is charged, shall be prima facie evidence that the defendant named therein is the same as the defendant before the court, and shall be prima facie evidence of the facts set out therein.
North Carolina § 14-318.4. Child abuse a felony
(a) A parent or any other person providing care to or supervision of a child less than 16 years of age who intentionally inflicts any serious physical injury upon or to the child or who intentionally commits an assault upon the child which results in any serious physical injury to the child is guilty of a Class E felony, except as otherwise provided in subsection (a3) of this section.
(a1) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of the child, who commits, permits, or encourages any act of prostitution with or by the child is guilty of child abuse and shall be punished as a Class E felon.
(a2) Any parent or legal guardian of a child less than 16 years of age who commits or allows the commission of any sexual act upon the child is guilty of a Class E felony.
(a3) A parent or any other person providing care to or supervision of a child less than 16 years of age who intentionally inflicts any serious bodily injury to the child or who intentionally commits an assault upon the child which results in any serious bodily injury to the child, or which results in permanent or protracted loss or impairment of any mental or emotional function of the child, is guilty of a Class C felony.
(a4) A parent or any other person providing care to or supervision of a child less than 16 years of age whose willful act or grossly negligent omission in the care of the child shows a reckless disregard for human life is guilty of a Class E felony if the act or omission results in serious bodily injury to the child.
(a5) A parent or any other person providing care to or supervision of a child less than 16 years of age whose willful act or grossly negligent omission in the care of the child shows a reckless disregard for human life is guilty of a Class H felony if the act or omission results in serious physical injury to the child.
(b) The felony of child abuse is an offense additional to other civil and criminal provisions and is not intended to repeal or preclude any other sanctions or remedies.
(c) Abandonment of an infant less than seven days of age pursuant to G.S. 14-322.3 may be treated as a mitigating factor in sentencing for a conviction under this section involving that infant.
(d) The following definitions apply in this section:
(1) Serious bodily injury. — Bodily injury that creates a substantial risk of death or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization.
(2) Serious physical injury. — Physical injury that causes great pain and suffering. The term includes serious mental injury.
North Carolina § 15A-1340.13. Procedure and incidents of sentence of imprisonment for felonies
(a) Application to Felonies Only. — This Part applies to sentences imposed for felony convictions.
(b) Procedure Generally; Requirements of Judgment; Kinds of Sentences. — Before imposing a sentence, the court shall determine the prior record level for the offender pursuant to G.S. 15A-1340.14. The sentence shall contain a sentence disposition specified for the class of offense and prior record level, and its minimum term of imprisonment shall be within the range specified for the class of offense and prior record level, unless applicable statutes require or authorize another minimum sentence of imprisonment. The kinds of sentence dispositions are active punishment, intermediate punishment, and community punishment.
(c) Minimum and Maximum Term. — The judgment of the court shall contain a minimum term of imprisonment that is consistent with the class of offense for which the sentence is being imposed and with the prior record level for the offender. The maximum term of imprisonment applicable to each minimum term of imprisonment is, unless otherwise provided, as specified in G.S. 15A-1340.17. The maximum term shall be specified in the judgment of the court.
(d) Service of Minimum Required; Earned Time Authorization. — An offender sentenced to an active punishment shall serve the minimum term imposed. The maximum term may be reduced to, but not below, the minimum term by earned time credits awarded to an offender by the Department of Correction or the custodian of the local confinement facility, pursuant to rules adopted in accordance with law.
(e) Deviation from Sentence Ranges for Aggravation and Mitigation; No Sentence Dispositional Deviation Allowed. — The court may deviate from the presumptive range of minimum sentences of imprisonment specified for a class of offense and prior record level if it finds, pursuant to G.S. 15A-1340.16, that aggravating or mitigating circumstances support such a deviation. The amount of the deviation is in the court’s discretion, subject to the limits specified in the class of offense and prior record level for mitigated and aggravated punishment. Deviations for aggravated or mitigated punishment are allowed only in the ranges of minimum and maximum sentences of imprisonment, and not in the sentence dispositions specified for the class of offense and prior record level, unless a statute specifically authorizes a sentence dispositional deviation.
(f) Suspension of Sentence. — Unless otherwise provided, the court shall not suspend the sentence of imprisonment if the class of offense and prior record level do not permit community or intermediate punishment as a sentence disposition. The court shall suspend the sentence of imprisonment if the class of offense and prior record level require community or intermediate punishment as a sentence disposition. The court may suspend the sentence of imprisonment if the class of offense and prior record level authorize, but do not require, active punishment as a sentence disposition.
(g) Dispositional Deviation for Extraordinary Mitigation. — Except as provided in subsection (h) of this section, the court may impose an intermediate punishment for a class of offense and prior record level that requires the imposition of an active punishment if it finds in writing all of the following:
(1) That extraordinary mitigating factors of a kind significantly greater than in the normal case are present.
(2) Those factors substantially outweigh any factors in aggravation.
(3) It would be a manifest injustice to impose an active punishment in the case.
The court shall consider evidence of extraordinary mitigating factors, but the decision to find any such factors, or to impose an intermediate punishment is in the discretion of the court. The extraordinary mitigating factors which the court finds shall be specified in its judgment.
(h) Exceptions When Extraordinary Mitigation Shall Not Be Used. — The court shall not impose an intermediate sanction pursuant to subsection (g) of this section if:
(1) The offense is a Class A or Class B1 felony;
(2) The offense is a drug trafficking offense under G.S. 90-95(h) or a drug trafficking conspiracy offense under G.S. 90-95(i); or
(3) The defendant has five or more points as determined by G.S. 15A-1340.14.
North Carolina Disorderly Conduct Laws Statutes
North Carolina Disorderly Conduct Laws
Disorderly Conduct
North Carolina § 14-132. Disorderly conduct in and injuries to public buildings and facilities
(a) It is a misdemeanor if any person shall:
(1) Make any rude or riotous noise, or be guilty of any disorderly conduct, in or near any public building or facility; or
(2) Unlawfully write or scribble on, mark, deface, besmear, or injure the walls of any public building or facility, or any statue or monument situated in any public place; or
(3) Commit any nuisance in or near any public building or facility.
(b) Any person in charge of any public building or facility owned or controlled by the State, any subdivision of the State, or any other public agency shall have authority to arrest summarily and without warrant for a violation of this section.
(c) The term “public building or facility” as used in this section includes any building or facility which is:
(1) One to which the public or a portion of the public has access and is owned or controlled by the State, any subdivision of the State, any other public agency, or any private institution or agency of a charitable, educational, or eleemosynary nature; or
(2) Dedicated to the use of the general public for a purpose which is primarily concerned with public recreation, cultural activities, and other events of a public nature or character.
(3) Designated by the Attorney General in accordance with G.S. 114-20.1.
The term “building or facility” as used in this section also includes the surrounding grounds and premises of any building or facility used in connection with the operation or functioning of such building or facility.
(d) Any person who violates any provision of this section is guilty of a Class 2 misdemeanor.
North Carolina § 14-275.1. Disorderly conduct at bus or railroad station or airport
Any person shall be guilty of a Class 3 misdemeanor, if such person while at, or upon the premises of,
(1) Any bus station, depot or terminal, or
(2) Any railroad passenger station, depot or terminal, or
(3) Any airport or air terminal used by any common carrier, or
(4) Any airport or air terminal owned or leased, in whole or in part, by any county, municipality or other political subdivision of the State, or privately owned airport
shall
(1) Engage in disorderly conduct, or
(2) Use vulgar, obscene or profane language, or
(3) On any one occasion, without having necessary business there, loiter and loaf upon the premises after being requested to leave by any peace officer or by any person lawfully in charge of such premises
North Carolina § 14-288.4. Disorderly conduct
(a) Disorderly conduct is a public disturbance intentionally caused by any person who does any of the following:
(1) Engages in fighting or other violent conduct or in conduct creating the threat of imminent fighting or other violence.
(2) Makes or uses any utterance, gesture, display or abusive language which is intended and plainly likely to provoke violent retaliation and thereby cause a breach of the peace.
(3) Takes possession of, exercises control over, or seizes any building or facility of any public or private educational institution without the specific authority of the chief administrative officer of the institution, or his authorized representative.
(4) Refuses to vacate any building or facility of any public or private educational institution in obedience to any of the following:
a. An order of the chief administrative officer of the institution, or the officer’s representative, who shall include for colleges and universities the vice chancellor for student affairs or the vice-chancellor’s equivalent for the institution, the dean of students or the dean’s equivalent for the institution, the director of the law enforcement or security department for the institution, and the chief of the law enforcement or security department for the institution.
b. An order given by any fireman or public health officer acting within the scope of the fireman’s or officer’s authority.
c. If a state of emergency is occurring or is imminent within the institution, an order given by any law-enforcement officer acting within the scope of the officer’s authority.
(5) Shall, after being forbidden to do so by the chief administrative officer, or the officer’s authorized representative, of any public or private educational institution:
a. Engage in any sitting, kneeling, lying down, or inclining so as to obstruct the ingress or egress of any person entitled to the use of any building or facility of the institution in its normal and intended use; or
b. Congregate, assemble, form groups or formations (whether organized or not), block, or in any manner otherwise interfere with the operation or functioning of any building or facility of the institution so as to interfere with the customary or normal use of the building or facility.
(6) Disrupts, disturbs or interferes with the teaching of students at any public or private educational institution or engages in conduct which disturbs the peace, order or discipline at any public or private educational institution or on the grounds adjacent thereto.
(6a) Engages in conduct which disturbs the peace, order, or discipline on any public school bus or public school activity bus.
(7) Except as provided in subdivision (8) of this subsection, disrupts, disturbs, or interferes with a religious service or assembly or engages in conduct which disturbs the peace or order at any religious service or assembly.
(8) Engages in conduct with the intent to impede, disrupt, disturb, or interfere with the orderly administration of any funeral, memorial service, or family processional to the funeral or memorial service, including a military funeral, service, or family processional, or with the normal activities and functions occurring in the facilities or buildings where a funeral or memorial service, including a military funeral or memorial service, is taking place. Any of the following conduct that occurs within one hour preceding, during, or within one hour after a funeral or memorial service shall constitute disorderly conduct under this subdivision:
a. Displaying, within 300 feet of the ceremonial site, location being used for the funeral or memorial, or the family’s processional route to the funeral or memorial service, any visual image that conveys fighting words or actual or imminent threats of harm directed to any person or property associated with the funeral, memorial service, or processional route.
b. Uttering, within 300 feet of the ceremonial site, location being used for the funeral or memorial service, or the family’s processional route to the funeral or memorial service, loud, threatening, or abusive language or singing, chanting, whistling, or yelling with or without noise amplification in a manner that would tend to impede, disrupt, disturb, or interfere with a funeral, memorial service, or processional route.
c. Attempting to block or blocking pedestrian or vehicular access to the ceremonial site or location being used for a funeral or memorial.
As used in this section the term “building or facility” includes the surrounding grounds and premises of any building or facility used in connection with the operation or functioning of such building or facility.
(b) Except as provided in subsection (c) of this section, any person who willfully engages in disorderly conduct is guilty of a Class 2 misdemeanor.
(c) A person who commits a violation of subdivision (8) of subsection (a) of this section is guilty of:
(1) A Class 2 misdemeanor for a first offense.
(2) A Class 1 misdemeanor for a second offense.
(3) A Class I felony for a third or subsequent offense
North Carolina § 14-258.4. Malicious conduct by prisoner
(a) Any person in the custody of the Department of Correction, the Department of Juvenile Justice and Delinquency Prevention, any law enforcement officer, or any local confinement facility (as defined in G.S. 153A-217, or G.S. 153A-230.1), including persons pending trial, appellate review, or presentence diagnostic evaluation, who knowingly and willfully throws, emits, or causes to be used as a projectile, bodily fluids or excrement at a person who is an employee of the State or a local government while the employee is in the performance of the employee’s duties is guilty of a Class F felony. The provisions of this section apply to violations committed inside or outside of the prison, jail, detention center, or other confinement facility.
(b) Reserved.
North Carolina Reckless Speed Driving Misdemeanor Lawyers Attorneys
Ferguson a 28 year old, North Carolina man was arrested for reckless driving, speeding to elude arrest, and misdemeanor speeding. A patrolling officer arrested him after noticing that his car was speeding beyond the permitted speed level.
Reckless driving is a very serious crime in North Carolina.
The SRIS Law Group North Carolina Reckless driving attorneys can defend you against any type of Reckless driving charge.
Our North Carolina Reckless driving lawyers have the experience to defend you against any type of Reckless driving charge.
Contact a SRIS Law Group North Carolina Reckless driving lawyer in North Carolina.
North Carolina Reckless Driving Speeding Lawyers Attorneys
Anthony a North Carolina man was arrested and charged reckless driving, speeding to elude arrest, failure to follow direction of law enforcement officer and misdemeanor speeding after his car crashed in to another’s vehicle. No one was injured in the incident.
Reckless driving is a very serious crime in North Carolina.
The SRIS Law Group North Carolina Reckless driving attorneys can defend you against any type of Reckless driving charge.
Our North Carolina Reckless driving lawyers have the experience to defend you against any type of Reckless driving charge.
Contact a SRIS Law Group North Carolina Reckless driving lawyer in North Carolina.
North Carolina Indecent Exposure Lawyer Attorneys
North Carolina INDECENT EXPOSURE DEFENSE LAWYER
A person who intentionally and deliberately exposes a portion or portions of his/her private body parts, i.e. their genitalia, in an environment where such an exposure is likely to be considered a violation of the prevalent standards of decency may be charged with indecent exposure.
Indecent exposure may be charged as a misdemeanor or a felony in North Carolina depending on the circumstances of the exposure.
Generally, to be charged with indecent exposure, North Carolina law requires the indecent exposure to happen in a public place. However, a person can be on private property such as their deck or porch and if they expose a portion or portions of their body that is considered indecent, they may still be charged with indecent exposure in North Carolina. Some of the different types of acts that can result in indecent exposure charges are masturbation, sexual intercourse or exhibitionism in a public place.
Please contact the SRIS Law Group, P.C. if you have been charged with indecent exposure in North Carolina.
Law Firm of SRIS PC
SRIS PC has law offices in North Carolina.
In North Carolina, our office is in Charlotte.
If you wish to learn more about the laws regarding indecent exposure in North Carolina, please click on Indecent Exposure in North Carolina.
We also represent clients charged with indecent exposure in the federal courts of North Carolina.
Our attorneys and staff in North Carolina speak the following languages in addition to English: Tamil, Spanish, French, Arabic, Hindi, Malaysian, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with a SRIS Law Group, P.C. attorney in North Carolina call us at 888-437-7747 or fill out our on-line form.
To learn more about the attorneys who represent clients charged with indecent exposure in North Carolina, please click on lawyers.
Our North Carolina criminal defense attorneys defend criminal cases in the following jurisdictions:
Mecklenburg County, Wake County, Guilford County, Forsyth County, Cumberland County, Durham County, Buncombe County, Gaston County, New Hanover County, Union County, Cabarrus County, Davidson County, Catawba County, Johnston County, Onslow County, Iredell County, Pitt County, Alamance County, Randolph County, Rowan County, Robeson County, Orange County, Wayne County, Harnett County, Henderson County, Cleveland County, Brunswick County, Craven County, Rockingham County, Nash County, Burke County, Moore County, Caldwell County, Wilson County, Surry County, Lincoln County, Wilkes County, Rutherford County, Carteret County, Sampson County, Chatham County, Stanly County, Lenoir County, Lee County, Haywood County, Franklin County, Halifax County, Columbus County, Granville County, Edgecombe County, Duplin County.
How your case is handled may make all the difference in world as to how your life progresses from this potentially traumatic event. Don’t let someone who will not keep you informed as to the status of your case keep you in the dark. The relationship you have with your attorney during this very difficult period can have a substantial impact on your mental health. You need and deserve a lawyer who is looking out for you.
What you do not want is a lawyer who is engaging in unnecessary litigation. You want a lawyer who will take the time to sit down with you and explain the process and why a particular strategy is being used. You want a lawyer who will listen to you and keep your best interests at heart.
How can a SRIS Law Group lawyer help you?
First and foremost, we will discuss your case with you. We will explain to you the different options you have and the pros and cons of each option. We do not require clients to come in and sit down and talk with us. Certainly, our clients are welcome to come in and talk with us. However, we understand that clients are very busy and may not have the time to come to the office. Therefore, we allow clients to consult with us by phone first and let the clients decide whether they need to come in and meet with their attorney. To learn more about how a SRIS Law Group lawyer can help you, please call us at 888-437-7747 and speak with a lawyer the same day.
If you are dealing with a case, contact the SRIS Law Group attorneys for help. Our lawyers have been helping clients with cases for many years and are experienced at helping clients solve their problems.
North Carolina Burglary Defense Breaking Entering Lawyers Attorneys
North Carolina Criminal Lawyer
DEFENDING BURGLARY CHARGES
Burglary Charges In North Carolina
In North Carolina, burglary is usually defined as a crime of theft, typically involving intentionally breaking into a house, building or other structure (such as a motor vehicle, boat, or aircraft) to commit a felony.
Burglary is also known as “breaking and entering”.
Lawful break-in of property is permitted in North Carolina. For instance, breaking into a home to save life and limb would not be considered a crime, nor would lawfully evicting tenants or constitutional searches and seizures by police.
Under statute, it stands to reason that a person cannot usually be convicted of burglary if the building or structure and property therein belongs to them.
Theft, Trespassing and Burglary
In North Carolina, theft is not absolutely required to be convicted of burglary.
Trespassing, or unlawfully entering a building or automobile with the intent to commit any felony can constitute a burglary.
In fact, a person may also be convicted of burglary in crimes such as identity theft or violating another’s civil rights. The theft may be intangible, but it can be a felony nonetheless.
In North Carolina, the act of burglary is separate from any actual theft involved with the offense. Thus, if the defendant’s actions of entering a building are not considered a felony, any subsequent theft may be classified under a lesser charge – such as a misdemeanor petit larceny. It’s in situations like these a skilled and savvy North Carolina criminal defense attorney may well spell the difference between probation and serving serious jail time.
Law Firm of SRIS PC
In North Carolina, our office is in Charlotte.
If you’ve been arrested in North Carolina for burglary or breaking and entering, the first and most important thing to do is finding the right North Carolina criminal lawyer who is skilled and experienced in these particular aspects of criminal defense.
At the SRIS Law Group, P.C. each of our North Carolina burglary defense lawyers has a history of success at defending their clients in these serious situations. When you need an attorney with experience in handling burglary cases in North Carolina, you’ll get an criminal defense attorney who knows the ins and outs of the specific statutes in North Carolina.
Our law firm has North Carolina burglary defense attorneys who are committed to providing the best defense for people accused of serious felonies such as burglary and breaking and entering.
Our North Carolina criminal defense attorneys defend criminal cases in the following jurisdictions:
Mecklenburg County, Wake County, Guilford County, Forsyth County, Cumberland County, Durham County, Buncombe County, Gaston County, New Hanover County, Union County, Cabarrus County, Davidson County, Catawba County, Johnston County, Onslow County, Iredell County, Pitt County, Alamance County, Randolph County, Rowan County, Robeson County, Orange County, Wayne County, Harnett County, Henderson County, Cleveland County, Brunswick County, Craven County, Rockingham County, Nash County, Burke County, Moore County, Caldwell County, Wilson County, Surry County, Lincoln County, Wilkes County, Rutherford County, Carteret County, Sampson County, Chatham County, Stanly County, Lenoir County, Lee County, Haywood County, Franklin County, Halifax County, Columbus County, Granville County, Edgecombe County, Duplin County.
How your case is handled may make all the difference in world as to how your life progresses from this potentially traumatic event. Don’t let someone who will not keep you informed as to the status of your case keep you in the dark. The relationship you have with your attorney during this very difficult period can have a substantial impact on your mental health. You need and deserve a lawyer who is looking out for you.
What you do not want is a lawyer who is engaging in unnecessary litigation. You want a lawyer who will take the time to sit down with you and explain the process and why a particular strategy is being used. You want a lawyer who will listen to you and keep your best interests at heart.
How can a SRIS Law Group lawyer help you?
First and foremost, we will discuss your case with you. We will explain to you the different options you have and the pros and cons of each option. We do not require clients to come in and sit down and talk with us. Certainly, our clients are welcome to come in and talk with us. However, we understand that clients are very busy and may not have the time to come to the office. Therefore, we allow clients to consult with us by phone first and let the clients decide whether they need to come in and meet with their attorney. To learn more about how a SRIS Law Group lawyer can help you, please call us at 888-437-7747 and speak with a lawyer the same day.
If you are dealing with a case, contact the SRIS Law Group attorneys for help. Our lawyers have been helping clients with cases for many years and are experienced at helping clients solve their problems.
North Carolina Felony Larceny Breaking Entering Lawyers Attorneys
Derek C. Holland, 23, of Cary, North Carolina, has been charged with one count Felony Larceny, four counts Breaking and Entering a Motor Vehicle and two counts Misdemeanor Larceny.
A Larceny/theft offense is a very serious crime.
The SRIS Law Group North Carolina Larceny/theft attorneys can defend you against any type of Larceny/theft charge.
Our North Carolina Larceny/theft lawyers have the experience to defend you against any type of Larceny/theft charge.
Contact a SRIS Law Group North Carolina Larceny/theft lawyer in North Carolina.
North Carolina Burglary Defense Breaking Entering Lawyers Attorneys
North Carolina Criminal Lawyer
DEFENDING BURGLARY CHARGES
Burglary Charges In North Carolina
In North Carolina, burglary is usually defined as a crime of theft, typically involving intentionally breaking into a house, building or other structure (such as a motor vehicle, boat, or aircraft) to commit a felony.
Burglary is also known as “breaking and entering”.
Lawful break-in of property is permitted in North Carolina. For instance, breaking into a home to save life and limb would not be considered a crime, nor would lawfully evicting tenants or constitutional searches and seizures by police.
Under statute, it stands to reason that a person cannot usually be convicted of burglary if the building or structure and property therein belongs to them.
Theft, Trespassing and Burglary
In North Carolina, theft is not absolutely required to be convicted of burglary.
Trespassing, or unlawfully entering a building or automobile with the intent to commit any felony can constitute a burglary.
In fact, a person may also be convicted of burglary in crimes such as identity theft or violating another’s civil rights. The theft may be intangible, but it can be a felony nonetheless.
In North Carolina, the act of burglary is separate from any actual theft involved with the offense. Thus, if the defendant’s actions of entering a building are not considered a felony, any subsequent theft may be classified under a lesser charge – such as a misdemeanor petit larceny. It’s in situations like these a skilled and savvy North Carolina criminal defense attorney may well spell the difference between probation and serving serious jail time.
Law Firm of SRIS PC
SRIS PC has law offices throughout North Carolina.
In North Carolina, we have offices in Northern North Carolina, Central North Carolina, Western North Carolina & the Hampton Roads/Tidewater Area.
In North Carolina, we’re located in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & North Carolina Beach.
If you’ve been arrested in North Carolina for burglary or breaking and entering, the first and most important thing to do is finding the right North Carolina criminal lawyer who is skilled and experienced in these particular aspects of criminal defense.
At the SRIS Law Group, P.C. each of our North Carolina burglary defense lawyers has a history of success at defending their clients in these serious situations. When you need an attorney with experience in handling burglary cases in North Carolina, you’ll get an criminal defense attorney who knows the ins and outs of the specific statutes in North Carolina.
Our law firm has North Carolina burglary defense attorneys who are committed to providing the best defense for people accused of serious felonies such as burglary and breaking and entering.
Our North Carolina criminal defense attorneys defend criminal cases in the following jurisdictions:
Mecklenburg, Wake, Guilford, Forsyth, Cumberland, Durham, Buncombe, Gaston, New Hanover, Union, Cabarrus, Davidson, Catawba, Johnston, Onslow, Iredell, Pitt, Alamance, Randolph, Rowan, Robeson, Orange, Wayne, Harnett, Henderson, Cleveland, Brunswick, raven, Rockingham, Nash, Burke, Moore, Caldwell, Wilson, Surry, Lincoln, Wilkes, Rutherford, Carteret, Sampson, Chatham, Stanly, Lenoir, Lee, Haywood, Franklin, Halifax, Columbus, Granville, Edgecombe & Duplin.
8:00 AM – 12:00 AM Midnight
