into occupied vehicle charges in Fayetteville (and buildings, structures, aircraft, etc.) are felony criminal allegations. The law is intended to be broadly applied. It includes a wide range of “conveyances” and enclosures, devices, and equipment. The purpose of the criminal law is to protect people (occupants) of different properties “from being shot at.”

Anytime a gun is pointed at someone and fired, the NC Criminal Laws deem that a crime of violence. The potential for serious bodily harm, or death, make prison time a very real consideration – David Courie, Fayetteville Criminal Defense Attorney

What is required for a Conviction?

Defense lawyers in Fayetteville NC and attorneys who handle criminal charges in North Carolina, refer to the “essential elements” of the crime to include things like:

• The person charged (the “Defendant”)
• Wantonly and willfully discharges
• A “firearm” (barreled weapon)
• Into some “Property”
• That is “occupied”

What does “Into Property” mean?

N.C.G.S. 14-34.1(b) is written in such a way as to include different types of property and extensions of the property.

One way to think about it is buildings, properties, and structures that contain people are included under the law. That may be cars, trucks, airplanes, houses, and workspaces – David Courie, Defense Lawyer Fayetteville NC

Discharging certain barreled weapons or a firearm into occupied property include, as set forth by the General Assembly any enclosure, erection, equipment, device, aircraft, vehicle, building structure, or other conveyance.

Assault by Pointing Gun Charges

A conveyance is a vehicle that transports something or someone to and from places. In a recent case before the NC Court of Appeals, the Defendant in North Carolina v. Robert Louis Staton, challenged the “into property” element of the law. In that case, the Defendant allegedly shot a weapon towards a truck traveling on a roadway. The bullet struck a toolbox located in the back bed of the truck. It did not technically strike the exterior body panel of the truck. The bullet did not pierce the body panel. State v. Canady, 191 NC App 680, sets forth the essential element of “into property” is met if a bullet damages the exterior of a building or structure. There does not need to be documentation or evidence that a bullet penetrates the building, vehicle, or structure.

Is Specific Intent required for Shooting into Occupied Vehicle Charges?

The mens rea (evil “intent”) required for Shooting into Occupied Vehicle Charges requires the accused of criminal wrongdoing merely to shoot a firearm at an occupied building. Specific intent is not required to shoot into the occupied vehicle, structure, conveyance, or building.

Fayetteville Criminal Defense Lawyer

If the State presents evidence the Defendant discharged a firearm at a person entering an occupied building (or vehicle or structure or conveyance) with a bullet, that is enough for a felony conviction.

The reason behind the law, the purpose, is to protect people from death or other serious bodily injuries – David Courie, Cumberland County Criminal Defense Lawyer

What is the Standard of Review for Appeals?

In determining whether the State presents enough evidence for a conviction, the Court of Appeals reviews such matters de novo or anew. It does not consider a Superior Court Judge’s ruling for Abuse of Discretion. The Appellate Court may reverse the trial judge’s denial of a Motion to Dismiss if it had come to a different conclusion. Having said that, in ruling on a Motion to Dismiss for lack or insufficient evidence, the Court reviews:

• Whether there is evidence deemed “substantial” of each essential element
• Of the charge or a lesser included offense of the charge
• AND the accused (the Defendant) is the perpetrator

The Court must consider the evidence adduced and admitted at trial, in the light most favorable to the State. The State benefits from “every reasonable inference” of the evidence properly admitted.

The right to a jury trial is deemed “fundamental” to a fair trial and true justice. In fact, the right to a jury trial in the United States is specifically referenced in the Declaration of Independence. Complaints against the crown (the king) were numerous. One of the “repeated injuries” by King George III involved the consistent deprivation of the benefit of a jury trial. We declared our independence from Great Britain because of things like unfair criminal trials without juries, illegal searches and seizures, corrupt enforcement of the laws, and the lack of protections requiring probable cause and reasonable suspicion. The right to a trial by jury for criminal charges is recognized in the Constitution of the United States. The North Carolina Constitution also guarantees the right to a Trial by Jury in criminal prosecutions in Superior Court. The US Constitution mandates that in criminal prosecutions, the defendant facing accusations of criminal wrongdoing has the right to a jury trial in the district or state where the criminal offense allegedly occurred.

The North Carolina constitution protects fundamental rights, setting forth that the accused may not be convicted of a criminal offense without the assurance of an impartial jury – David Courie, Criminal Defense Lawyer Fayetteville NC

Can I be forced to waive my right to a trial by jury?

No judge, prosecutor, or even criminal defense lawyer can force you to waive your right to a trial by jury. It is your decision whether to waive your right to a jury. It’s also ultimately the defendant’s decision to enter a plea of guilty or not guilty.

Assault Charges Lawyers in Fayetteville NC

In the past, people facing accusations of criminal charges in North Carolina (felony or misdemeanor) could not waive the right to a jury trial. That was true even if the defendant preferred what is commonly referred to by defense lawyers as a bench trial. It’s important to understand that in District Court proceedings in North Carolina, a District Court judge rules on issues of law and also serves the role of Finder of Fact. Because of the constitutionally protected right to trial by jury, the accused may appeal from District Court to Superior Court. As long as the person facing criminal charges enters a plea of not guilty in Superior Court, a jury trial has traditionally been required. That changed with the passage of a constitutional amendment to the North Carolina Constitution in 2014 authorizing the defendant to waive their right to a jury trial. That may be done in all Superior Court criminal matters except those deemed capital offenses. A capital offense in North Carolina is one subject to the death penalty. As such, as to capital offenses in North Carolina, the accused still cannot waive the right to a jury trial.

Sample Waiver of Jury Trial Form

The NC Criminal Laws set forth protocols and procedures to waive your right to a jury trial if you so desire. Defendants who are facing criminal charges in Superior Court, if choosing to waive their right to a jury trial, may do so after being apprised of their legal rights. They must fully understand what they are doing. It must be a voluntary decision and cannot be compelled. Ordinarily, that takes place in open court and on the record. Per the statute, that may also be done in writing. Prior to proceeding without a jury, the Superior Court trial judge must make a formal inquiry into the matter and specifically review and rule on whether the defendant’s alleged decision to waive a jury trial is done so on a voluntary basis after he or she has been fully apprised of their legal rights and options. Therefore, the Superior Court judge must personally address the defendant and confirm she or he fully appreciates what they are doing and understands the possible consequences of a decision to waive a jury trial. The judge must also determine whether or not the prosecutor, the person representing the State of North Carolina (most often an Assistant District Attorney), consents or objects to the proposed waiver of a trial by jury. In the event the State objects to waiving a jury trial, the Court must make an inquiry as to the reasoning of the State. Determining a proper waiver takes time and is necessarily a detailed, thorough process. Determining whether or not someone wishes to waive their right to a jury trial must be clearly set forth on the record or written down, and cannot be implied. If there is any question or uncertainty as to the Defendant’s decision to waive the right to a jury trial, the Court must proceed forward with a jury trial.

Should I waive my right to a trial by jury?

Waiver of any legal right, specifically those involved with the defense of criminal charges in North Carolina, demands careful review of the fact pattern of the case and any pertinent law to the criminal allegations. Juries of 12 and the jury system itself can be complicated at times. There may be instances when the accused chooses to waive a jury trial due to the individual fact pattern of the case or specific legal issues at hand. It merits careful consideration of the law and facts.

Drug Charges in Cumberland County NC

Jury verdicts can be difficult to predict and sometimes juries are inconsistent in their verdicts. Furthermore, as is the case with any human, juries may be subject to insert prejudices, emotions, and are subject to both explicit and implicit bias. It’s very important to proceed with great caution, taking the time to confirm the defendant facing criminal allegations entirely and fully understands the legal rights and consequences of waiving such legal rights. That remains true irrespective of whether the criminal charges involve a serious felony or a misdemeanor or even DUI charges in Fayetteville NC and elsewhere throughout North Carolina.

What happens if there is an error in court?

Certain mistakes or errors by the court are those which take place during the trial may in some instances be corrected. The United States Supreme Court has established that a structural error is a type of defect that adversely affects the framework of a trial and specifically delineates that from an error in the trial process alone. A structural error during a trial is a problem that affects the entire trial process from the very beginning to the very end. The United States Supreme Court has previously recognized 6 examples of structural error in criminal trials, those being:

• A violation of the right for the accused to represent themselves at trial
• An incorrect or erroneous instruction to the jury regarding reasonable doubt
• A violation of the right to the 6th Amendment Public Trial guarantee
• The unlawful exclusion of grand jurors due to their race
• A judge who proceeds without impartiality
• Precluding entirely the accused’s right to legal counsel