1. Cole Williams Law
Focus Area: Criminal defense with decades of experience and specialized DWI/DUI training
Practice Areas: DWI/DUI, drug charges, assault, theft, violent crimes, felonies, misdemeanors
Background: Cole Williams is a widely respected attorney in North Carolina, known for preparation, courtroom advocacy, with an outstanding legal mind and trial skills. He wants to put his decades of knowledge and courtroom experience as a Durham criminal attorney to work on cases. Cole and his staff are available for immediate consultation. Cole Williams has extensive training as a Durham DWI Attorney. He is associated with numerous national organizations highly respected and devoted to DWI defense. He’s a founding member and faculty of the DUI Defense Lawyers Association, DUIDLA, and a member of the National College for DUI Defense, NCDD. He also holds advanced certifications in the science and technologies of Standardized Field Sobriety testing, and blood testing for alcohol concentrations and blood drug concentrations. The firm serves clients throughout Durham County, Orange County, and Wake County.
Location: Durham, North Carolina (serves Durham County, Orange County, Wake County)
Contact: (919) 688-2647 | https://www.colewilliamslaw.com/
Consultation: Free consultation available
2. Law Office of Dewey P. Brinkley
Focus Area: Criminal defense with Certified Criminal Law Specialist designation and former prosecutor experience
Practice Areas: DWI, felonies, misdemeanors, domestic violence, traffic violations, armed robbery, attempted murder
Background: Before founding the Criminal Defense Law Firm in Raleigh, Attorney Dewey P. Brinkley worked for almost three years in the Wake County District Attorney’s office, gaining in-depth experience handling domestic violence, misdemeanors and juvenile court offenses. As a Raleigh Criminal Defense Lawyer, he handles serious felony charges, including armed robbery and attempted murder, as well as DWI, traffic tickets and violations and misdemeanors. Attorney Brinkley is a Certified Criminal Law Specialist by North Carolina State Bar, has tried over 250 criminal cases in local courts, knows prosecution strategies from time as Assistant District Attorney, and provides direct, responsive service from start to finish. The firm has 4.9-star client reviews praising professionalism and case outcomes.
Location: 16 W. Martin St., Suite 201, Raleigh, NC 27601 (serves Durham County)
Contact: (919) 832-0307 | https://www.deweybrinkleylaw.com/
Consultation: Free consultation available, 100% confidential
3. NicholsonPham
Focus Area: Criminal defense with compassionate, personal, and affordable representation
Practice Areas: Misdemeanors, felonies, assaults, larceny, underage consumption, drug and alcohol charges, speeding tickets, DWI, driving while license revoked, domestic violence, expungements
Background: NicholsonPham provides criminal defense representation to clients in Durham and Orange counties charged with misdemeanors, felonies, assaults, larceny, underage consumption, drug and alcohol charges, speeding tickets, DWI, driving while license revoked and domestic violence. The firm also helps people seeking expungements. North Carolina’s criminal courts are a confusing and often intimidating place to find yourself. When facing criminal charges, you are probably under a lot of stress. Navigating the court system alone is a daunting task. If charged with a crime in Durham or Orange County, you need the leadership of an experienced criminal defense lawyer who understands the criminal court process. The criminal defense lawyers at NicholsonPham are dedicated, experienced and efficient in protecting rights before the North Carolina criminal courts.
Location: Durham, North Carolina (serves Durham and Orange Counties)
Contact: (919) 833-4900 | https://nicholsonpham.com/
Consultation: Available for consultation
4. Law Office of Brennon Morton, PLLC
Focus Area: Criminal defense with extensive courtroom experience throughout the Triangle area
Practice Areas: DWI, criminal charges, traffic violations, license restoration, domestic law
Background: Attorney Morton is an Eastern North Carolina native dedicated to helping his local community. The firm knows how important legal situations are and will give professional service from start to finish. Clients won’t be passed around from lawyer to lawyer when they choose the Law Office of Brennon Morton. They work directly with one skilled attorney and get the personal attention their case deserves. If accused of a crime, even if the charges don’t seem serious, don’t leave your future to chance. You can team up with a skilled criminal defense lawyer by calling the Law Office of Brennon Morton, PLLC. The firm serves clients in Durham, NC and throughout the Triangle area. With extensive experience in and out of the courtroom, clients can depend on the criminal defense lawyer to protect rights and argue defense vigorously.
Location: Durham, North Carolina (serves Wake, Durham, Johnston, Harnett, Person, Orange, Alamance, Chatham, Granville, Vance, Cumberland Counties)
Contact: (919) 917-0807 | https://attorneybmorton.com/
Consultation: Available for consultation
5. Latorre Law Firm
Focus Area: Criminal defense with team approach and focus on second chances
Practice Areas: Felonies, misdemeanors, drug crimes, assault, theft, violent crimes
Background: When someone is accused of a crime, they often face the terrible possibility of going to jail. Latorre Law Firm can help clients get a second chance. At Latorre Law Firm, there is a team of experienced criminal defense lawyers in Durham, as well as legal professionals dedicated to helping people obtain a second chance and obtain representation and defense of their rights. The experienced attorneys represent clients in criminal court for a full range of criminal charges. The attorneys can often negotiate with prosecutors and arrange for reduced charges or lesser sentencing. Latorre Law Firm can help through every stage of the criminal justice process in Durham. The firm focuses on clients and takes the most appropriate path to resolve each case. The firm has earned a reputation as a reliable and honest law firm providing excellent legal services to clients.
Location: Durham, North Carolina
Contact: (919) 797-2290 | https://www.latorrelaw.com/
Consultation: Available for consultation
Criminal Defense Laws in North Carolina
Felony Classifications
North Carolina classifies felonies into ten classes:
Class A Felony: Includes first-degree murder. Penalty is death or life imprisonment without parole.
Class B1 Felony: Includes second-degree murder and first-degree rape. Penalty is 144 months to life imprisonment.
Class B2 Felony: Includes second-degree rape. Penalty is 94-393 months imprisonment.
Class C Felony: Includes second-degree sexual offense and voluntary manslaughter. Penalty is 44-182 months imprisonment.
Class D Felony: Includes armed robbery and first-degree burglary. Penalty is 38-160 months imprisonment.
Class E Felony: Includes involuntary manslaughter and assault with deadly weapon with intent to kill. Penalty is 15-63 months imprisonment.
Class F Felony: Includes habitual DWI and assault with deadly weapon inflicting serious injury. Penalty is 10-41 months imprisonment.
Class G Felony: Includes robbery with dangerous weapon and second-degree arson. Penalty is 8-31 months imprisonment.
Class H Felony: Includes felony larceny and possession with intent to sell drugs. Penalty is 4-25 months imprisonment.
Class I Felony: Includes breaking and entering and felony possession of drugs. Penalty is 3-12 months imprisonment.
Misdemeanor Classifications
Class A1 Misdemeanor: Includes assault on a female and assault inflicting serious injury. Maximum 150 days in jail.
Class 1 Misdemeanor: Includes larceny and simple assault. Maximum 120 days in jail.
Class 2 Misdemeanor: Includes simple possession of marijuana and disorderly conduct. Maximum 60 days in jail.
Class 3 Misdemeanor: Includes second-degree trespass. Maximum 20 days in jail.
Structured Sentencing
North Carolina uses Structured Sentencing, which considers the offense class and the defendant’s prior record level. Prior record levels range from I (lowest) to VI (highest). Sentences can be in the presumptive, mitigated, or aggravated range depending on factors present.
Expungement
North Carolina allows expungement of certain criminal records:
Waiting Periods: 5 years for nonviolent misdemeanors, 10 years for nonviolent felonies.
Automatic Expungement: Charges that were dismissed or resulted in a finding of not guilty may be expunged after dismissal.
Limits: Generally limited to one felony or multiple misdemeanors from the same session of court. Recent legislation has expanded eligibility.
DWI Laws
North Carolina DWI applies to driving with BAC of .08% or higher (.04% commercial, any amount under 21). North Carolina uses a five-level sentencing system (Level 5 lowest to Level 1 highest, plus Aggravated Level 1). Level 5 DWI carries 24 hours to 60 days jail and $200 fine. Level 1 DWI carries 30 days to 2 years jail and up to $4,000 fine. Aggravated Level 1 DWI carries 12-36 months jail and up to $10,000 fine. Fourth DWI within 10 years is a Class F Habitual DWI felony. North Carolina has implied consent; refusal results in 1-year license revocation.
Frequently Asked Questions
What courts handle criminal cases in Durham?
Durham County is part of District 14 in the North Carolina Judicial System. The Durham County Criminal District Court handles misdemeanors and preliminary hearings for felonies. It is located at 510 S. Dillard Street, Durham, NC 27701. Durham County Superior Court handles felony cases. Federal cases are handled in the U.S. District Court for the Middle District of North Carolina. Having a Durham criminal defense attorney familiar with these court systems, judges, and prosecutors provides an advantage in navigating your case.
What is a “Prayer for Judgment Continued” (PJC) in North Carolina?
A Prayer for Judgment Continued (PJC) is a unique disposition in North Carolina where the court enters a finding of guilt but delays (“continues”) the entry of judgment indefinitely. While a PJC is not technically a conviction, it still appears on criminal records and can have consequences. For traffic offenses, a PJC prevents insurance points for up to two offenses per household every five years. For criminal offenses, a PJC may help avoid some collateral consequences. However, PJCs are at the judge’s discretion and are not available for all offenses. A Durham criminal defense attorney can advise whether a PJC is appropriate for your case.
What are the consequences of a felony conviction in North Carolina?
A felony conviction in North Carolina carries consequences beyond incarceration. You lose the right to possess firearms under federal and North Carolina law. You lose the right to vote while incarcerated, on probation, or on parole (automatically restored upon completion of sentence). You may be ineligible for certain professional licenses and may face difficulty finding employment and housing. For non-citizens, felony convictions can result in deportation and inadmissibility. North Carolina has expanded expungement eligibility in recent years, but certain serious offenses cannot be expunged. A Durham criminal defense attorney can evaluate strategies to avoid felony conviction or pursue expungement where eligible.
What diversion programs are available in Durham County?
Durham County offers several diversion programs that allow eligible defendants to avoid conviction. Deferred Prosecution allows first-time offenders to complete conditions in exchange for dismissal. Drug Treatment Court is available for defendants with substance abuse issues. Mental Health Court is available for defendants with mental health diagnoses. Veterans Treatment Court is available for veterans with service-related issues. The District Attorney’s Office also offers various diversion programs for specific offenses. Successful completion of these programs results in dismissal of charges, which can then be expunged. A Durham criminal defense attorney can evaluate eligibility and negotiate for diversion.
Can I get my North Carolina criminal record expunged?
North Carolina allows expungement of many criminal records after waiting periods. Dismissed charges and not guilty verdicts can be expunged after dismissal. Nonviolent misdemeanors can be expunged after 5 years. Nonviolent felonies can be expunged after 10 years. Recent legislation (Second Chance Act) has expanded eligibility for expungement. However, certain serious offenses cannot be expunged, including sex offenses requiring registration, Class A-E felonies, and offenses involving assault on government officials. The petition must be filed in the court where the conviction occurred. A Durham criminal defense attorney can evaluate your eligibility and file a petition to expunge your record.