1. The Law Office of Dewey P. Brinkley
Focus Area: Criminal defense with Board Certified Criminal Law Specialist designation
Practice Areas: DWI, felonies, misdemeanors, drug crimes, domestic violence, armed robbery, attempted murder, traffic violations
Background: Attorney Dewey P. Brinkley is a Board Certified Specialist in Criminal Law by the North Carolina State Bar, a distinction held by only a small percentage of NC attorneys. Before founding the firm, he 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. He has tried over 250 criminal cases in local courts and has helped thousands of clients throughout Raleigh, Wake County, and North Carolina. As a lifelong resident of Wake County, Attorney Brinkley is committed to the betterment of justice in Raleigh.
Location: Raleigh, North Carolina (serves Wake County and surrounding areas)
Contact: (919) 832-0307 | https://www.deweybrinkleylaw.com/
Consultation: Free consultation available
2. Fanney Law Office, PLLC
Focus Area: Criminal defense and DWI with Board Certified Federal Criminal Defense Specialist
Practice Areas: DWI, federal crimes, drug offenses, firearm offenses, fraud, domestic violence, larceny, embezzlement, tax crimes
Background: Attorney John Fanney is Board Certified as a Specialist in Federal Criminal Defense by the North Carolina State Bar. With over 30 years of experience in a broad range of practice areas, the firm provides knowledgeable representation about the system, current regulations and laws, and all available options. Attorney Fanney has represented many individuals in federal court from grand jury proceedings to pre-indictment negotiations, drug offenses, firearm offenses, fraud, and theft of government property. The firm serves clients throughout Wake, Durham, Orange, Johnston, Franklin, Vance, Harnett, and surrounding counties.
Location: Raleigh, North Carolina (serves Wake County, Durham County, and surrounding areas)
Contact: (919) 617-7009 | https://www.fanneylaw.com/
Consultation: Free consultation available
3. McCoppin & Associates, Attorneys at Law, P.A.
Focus Area: Criminal defense with former prosecutor experience and State Bar certification
Practice Areas: Assault, battery, theft, larceny, embezzlement, white-collar crimes, drug charges, DWI
Background: Attorney Andrew McCoppin is certified as a law specialist by the North Carolina State Bar. As a former Wake County Assistant District Attorney with over 20 years of experience defending people charged with crimes in private practice, Mr. McCoppin can identify the strengths in criminal cases and use them to clients’ advantage. The firm’s goal is to keep clients out of jail and avoid convictions. Attorney McCoppin personally appears with clients in court as their case moves forward. The firm assists people throughout Wake County and surrounding areas in North Carolina.
Location: Raleigh, North Carolina (serves Wake County and surrounding areas)
Contact: (919) 481-0011 | https://www.mccoppinlaw.com/
Consultation: Free consultation available
4. Hale Law Firm, PC
Focus Area: Criminal defense with 30+ years experience including federal public defender background
Practice Areas: Traffic violations, misdemeanors, federal charges, murder, capital cases, appeals, post-conviction proceedings, parole hearings
Background: Founding attorney Robert H. Hale Jr. brings more than 30 years of criminal law experience to cases. He has represented thousands of clients charged with every type of crime imaginable, from traffic violations and misdemeanors to federal charges and murder accusations. Mr. Hale has extensive experience as a federal public defender, having represented hundreds of federal defendants in the Office of the Federal Public Defender in the Eastern District of North Carolina. He purposely limits his caseload to allow time to conduct each case the way it should be done. The firm also handles trial and appellate representation, post-conviction proceedings, and parole hearings.
Location: Raleigh, North Carolina
Contact: (919) 891-8995 | https://www.halecriminallaw.com/
Consultation: Available by appointment
5. Cheshire Parker Schneider
Focus Area: Criminal defense with 40+ years of experience in high-profile and capital cases
Practice Areas: Capital murder, wrongful convictions, political corruption, DWI, drug possession, federal crimes, appeals
Background: Cheshire Parker Schneider has zealously advocated for the rights of individuals in the criminal justice system for more than 40 years. The firm is well known in North Carolina and nationwide for aggressive pursuit of truth and justice in high-profile cases. They have spared clients the death penalty in capital murder trials and have won release of innocent prisoners who were wrongly convicted. The firm has also steered political corruption cases away from federal grand jury investigations. Attorneys include Joseph Blount Cheshire V, Hart Miles, Elliot Sol Abrams, Collin Cook, and Erin Wilson. The firm remains on the front lines of criminal justice reforms and championed open-file discovery rules requiring prosecutors to turn over all case-related information.
Location: Raleigh, North Carolina
Contact: (919) 833-3114 | https://www.cheshirepark.com/
Consultation: Available for consultation
Criminal Defense Laws in North Carolina
Felony Classifications
North Carolina classifies felonies into ten classes (A through I, plus B1 and B2):
Class A Felony: First-degree murder. Penalty is death or life imprisonment without parole.
Class B1 Felony: Includes first-degree rape and first-degree sexual offense. Penalty is 144 months to life imprisonment.
Class B2 Felony: Includes second-degree murder. Penalty is 94-393 months imprisonment.
Class C Felony: Includes second-degree rape, second-degree sexual offense, and assault with deadly weapon with intent to kill inflicting serious injury. Penalty is 44-182 months imprisonment.
Class D Felony: Includes voluntary manslaughter 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 misdemeanor assault and certain drug trafficking offenses. Penalty is 10-41 months imprisonment.
Class G Felony: Includes robbery with dangerous weapon and second-degree burglary. Penalty is 8-31 months imprisonment.
Class H Felony: Includes felony larceny, breaking or entering, and possession of stolen goods. Penalty is 4-25 months imprisonment.
Class I Felony: The lowest felony class, including breaking or entering a motor vehicle and possession of controlled substance. Penalty is 3-12 months imprisonment.
Misdemeanor Classifications
Class A1 Misdemeanor: The most serious, including assault on a female, assault inflicting serious injury, and sexual battery. Maximum penalty of 150 days imprisonment.
Class 1 Misdemeanor: Includes larceny, possession of marijuana (up to 0.5 oz), and second-degree trespass. Maximum penalty of 120 days imprisonment.
Class 2 Misdemeanor: Includes simple assault, disorderly conduct, and carrying concealed weapon. Maximum penalty of 60 days imprisonment.
Class 3 Misdemeanor: Includes second-degree trespass and certain traffic offenses. Maximum penalty of 20 days imprisonment.
Expungement Laws
North Carolina has expanded expungement eligibility in recent years:
Dismissals and Acquittals: Charges that were dismissed or resulted in not guilty verdicts can be expunged with no waiting period.
First-Time Offenses: Certain first-time offenders may petition for expungement. Waiting periods vary by offense type (typically 5-15 years).
Non-Violent Felonies: Certain non-violent felony convictions may be expunged after 10 years from completion of sentence.
Non-Violent Misdemeanors: Certain non-violent misdemeanor convictions may be expunged after 5 years from completion of sentence.
Automatic Expungement: North Carolina has implemented automatic expungement for certain dismissed charges and not guilty verdicts.
DWI Laws
North Carolina DWI applies to driving with BAC of .08% or higher (.04% commercial, .00% under 21). DWI is not classified like other misdemeanors; instead, it uses Levels 1-5 (Level 1 most serious). Level 5 DWI carries 24 hours to 60 days jail and up to $200 fine. Level 1 DWI carries 30 days to 24 months jail and up to $4,000 fine. Aggravated Level 1 DWI carries 12-36 months jail. North Carolina has implied consent; refusal results in 1-year license revocation.
Frequently Asked Questions
What is the difference between District Court and Superior Court in Wake County?
In Wake County and throughout North Carolina, criminal cases are heard in either District Court or Superior Court depending on the severity of the charges. District Court handles all misdemeanor cases, traffic offenses, and preliminary hearings for felonies. Judges in District Court are elected and serve 4-year terms. There is no jury trial in District Court; the judge alone decides guilt or innocence. Superior Court handles all felony cases after the preliminary hearing stage and any misdemeanor appeals from District Court. Superior Court provides the right to a jury trial. If you are charged with a misdemeanor in Wake County, your case will be resolved in District Court unless you appeal. If you are charged with a felony, your case will begin in District Court for preliminary matters but will be transferred to Superior Court for trial. A Raleigh criminal defense attorney can explain which court will handle your case.
What is North Carolina’s structured sentencing system?
North Carolina uses structured sentencing, a system that determines punishment based on the offense class and the defendant’s prior record level. The prior record level is calculated by assigning points for previous convictions. For felonies, there are six prior record levels (I through VI). For misdemeanors, there are three prior record levels (I through III). The intersection of offense class and prior record level determines the presumptive sentencing range. Judges have three sentencing options within the guidelines: mitigated (lower end), presumptive (middle), or aggravated (higher end). The judge must find mitigating or aggravating factors to sentence outside the presumptive range. Understanding your prior record level is essential to knowing your potential exposure. A Raleigh criminal defense attorney can calculate your prior record level and explain the potential sentences you face.
Can I get a prayer for judgment continued (PJC) in Wake County?
A Prayer for Judgment Continued (PJC) is a unique North Carolina legal tool where the defendant pleads guilty or is found guilty, but the judge delays entering judgment and imposing sentence. While not a dismissal, a PJC can prevent points from appearing on your driving record (limited uses) and may avoid some collateral consequences. However, PJCs have limitations: you can only use one PJC every three years for insurance purposes, only two PJCs per household every five years for DMV purposes, and PJCs cannot be used for DWI or commercial driver offenses. PJCs are not available for all offenses and are granted at the judge’s discretion. A PJC is still a conviction for some purposes, including federal background checks and immigration consequences. A Raleigh criminal defense attorney can advise whether a PJC is appropriate and available for your case.
What happens if I am charged with a felony in Wake County?
If you are charged with a felony in Wake County, the process typically proceeds as follows: First, you will have a first appearance before a magistrate where bond is set. Within a reasonable time, you will have a probable cause hearing in District Court where the judge determines if there is probable cause to send your case to Superior Court. If probable cause is found (or if you waive the hearing), your case is transferred to Superior Court for indictment by the grand jury. After indictment, you will be arraigned in Superior Court. The case then proceeds through pretrial motions, plea negotiations, and potentially trial. Throughout this process, a Raleigh criminal defense attorney can negotiate with prosecutors, file motions to suppress evidence, challenge the sufficiency of the state’s case, and work toward dismissal, reduction, or acquittal.
What are the consequences of a DWI conviction in North Carolina?
A DWI conviction in North Carolina carries serious consequences beyond the criminal penalties. Criminal penalties depend on the DWI level (1-5 or Aggravated Level 1) and can include jail time ranging from 24 hours to 36 months, fines up to $10,000, and community service. Administrative consequences include license revocation (1 year for first offense, 4 years for second within 3 years, permanent revocation for third within 10 years). You may be required to obtain a limited driving privilege and install an ignition interlock device. Insurance consequences include SR-22 requirements and substantially increased premiums. Collateral consequences include a permanent criminal record, potential impact on employment (especially for commercial drivers), and immigration consequences for non-citizens. North Carolina does not allow expungement of DWI convictions. Because of these severe and lasting consequences, fighting a DWI charge with an experienced Raleigh DWI attorney is critical.