Author: productionnye

North Carolina has two broad categories of crimes: felonies and misdemeanors. The state’s statutory definition of a felony says that a crime is a felony if it was a felony at common law or is classified as such by state statute. These offenses may be punishable by death or imprisonment in the state prison system.

In North Carolina, felonies are divided into 10 categories, from Class A, the most serious, to Class I, the least serious. These classifications are explained in greater detail below, along with examples of crimes in these classes.

If you have been charged with a felony, you need to contact a Charlotte criminal law attorney right away so he or she can begin aggressively defending your rights. The experienced attorneys at the Nye Law Group are committed to trying to achieve the best outcome possible. Schedule a free consultation today to find out how we can help you.

FELONY CLASSIFICATIONS

These are the classifications of felonies in North Carolina from most serious to least serious, along with examples of offenses that fall within these categories:

HIGH-LEVEL FELONIES

Class A offenses are deemed the most serious. They include murder in the first degree and the unlawful use of a nuclear, biological or chemical weapon of mass destruction. The maximum penalty for this type of offense is life in prison or death.

Along with Class A, other high-level felonies include Class B1 or B2, Class C, and Class D. Examples of offenses in these categories include:

• First-degree sexual offense
• Second-degree murder
• Second-degree rape
• First-degree kidnapping
• Voluntary manslaughter
• Armed robbery

These crimes are also punished harshly with the possibility of the defendant being sentenced to decades behind bars.

MID-LEVEL FELONIES

This includes Class E, F or G offenses, such as:

• Child abuse
• Assault with a firearm on a law enforcement officer
• Common-law robbery
• Assault with a deadly weapon
• Arson of public buildings
• Habitual impaired driving

Punishments for these crimes vary widely with some defendants receiving intensive and prolonged probation and others receiving long prison sentences. Certain drug trafficking crimes in this category carry mandatory minimum jail sentences.

LOW-LEVEL FELONIES

This includes Class H and Class I offenses. These felonies generally do not carry a mandatory minimum sentence that requires jail time. Often, probation, house arrest, community service or substance abuse counseling is imposed as punishment instead of jail time.

Some Class H offenses that fall in this category include:

• Habitual misdemeanor assault
• Breaking or entering a building with felonious intent
• Larceny of property worth more than $1,000
• First-degree forgery
• Escaping from state prison
• Hit and run resulting in injury

Class I offenses are the least serious. They include:

• Possession of marijuana
• Financial transaction card theft
• Forgery of notes, checks or securities
• Breaking or entering motor vehicles

The maximum penalty for a Class I offense is 24 months in jail.

FELONY SENTENCING

The actual sentence imposed on a convicted defendant depends on a number of factors, including the individual facts of the case, the defendant’s criminal record and whether the defendant makes an agreement with the district attorney’s office.

North Carolina uses a structured sentencing system that involves the following steps to determine the appropriate punishment for the defendant:

• Identifying the offense class for each felony conviction
• Determining the prior record level for the offense
• Considering factors that make the defendant more or less culpable
• Finding the appropriate minimum sentence and maximum sentence
• Determining the sentence imposition

After these steps are followed, there is some flexibility regarding whether the defendant is sentenced to the minimum or maximum punishment and whether he or she will have the sentence immediately imposed or suspended. Sentencing may involve intermediate punishments, probation or community punishments.

HOW ARE FELONY CASES HANDLED IN NORTH CAROLINA?

People charged with crimes often have questions about the criminal law process.

Felony cases are filed in district court. Low-level felonies may be resolved in this court, often through plea agreements that reduce the charges.

If the case is not resolved at this level, the prosecution presents the case to a grand jury. The grand jury returns a true bill of indictment if it believes there is probable cause that the defendant committed the charged felony.

The case is then transferred to superior court. This represents an additional opportunity to resolve the case through a plea bargain.

If no agreement is reached, the defendant often pleads not guilty and may request a jury trial. The trial is held in front of 12 impartial jurors who are randomly chosen from the community.

The prosecution has the burden of showing that the criminal defendant committed each element of the crime by proof beyond a reasonable doubt. If the prosecution fails to meet its burden, the jury must return a verdict of not guilty. If the jury finds the defendant guilty, the judge imposes a sentence.

CONTACT ONE OF OUR CRIMINAL DEFENSE ATTORNEYS

A felony conviction can carry severe penalties, including a lengthy prison sentence, the creation of a criminal record and possibly a death sentence.

If you are facing a felony charge, contact one of our reputable criminal defense lawyers immediately. We can build an aggressive defense on your behalf to help minimize the negative consequences of your case.

We will try to get the charges dismissed if possible. We also negotiate plea bargains on behalf of our clients to minimize any sentence imposed and are prepared to represent you in a trial.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

While many personal injuries are caused by another person’s negligence, there are also a lot of cases where the victim played a role in causing his or her injuries. In North Carolina, these types of cases are governed by a strict contributory negligence law.

Below, our Charlotte personal injury attorneys review what you need to know about this law. They also explain how the last clear chance doctrine can be used to counter a contributory negligence defense by a defendant.

WHAT IS STRICT CONTRIBUTORY NEGLIGENCE?

North Carolina is one of only four states that has a strict contributory negligence standard.

Under this law, plaintiffs are prohibited from recovering compensation for their injuries if they bear any responsibility for what happened. This means plaintiffs cannot recover compensation even if the defendant is 99 percent responsible for what happened.

It is up to the defendant to prove that the plaintiff’s own negligence helped cause his or her injuries.

It is not enough to prove negligence occurred, the defendant must show a causal relationship between the plaintiff’s negligence and the injuries that occurred. This means that the strict contributory negligence law does not apply to situations where the plaintiff was negligent but this did not cause injury.

LAST CLEAR CHANCE DOCTRINE

Contributory negligence is generally used as a defense against a personal injury claim based on negligence.

One way to counter this defense is with the “last clear chance doctrine.” Under this doctrine, plaintiffs can make a full recovery if they can prove:

• They were in a dangerous situation following their act of negligence and could not avoid an accident.
• The defendant had an opportunity to avoid the accident and failed to do so.

An example would be a car accident where a car hit someone who was changing a tire near the side of a highway. The defendant could try to assert that the victim was partially at fault for being too close to the road. However, if the defendant had an opportunity to avoid the crash this would be considered the proximate cause of the accident, and the victim may be entitled to compensation.

CONTACT OUR CHARLOTTE PERSONAL INJURY LAWYERS NOW

The attorneys at The Nye Law Group are knowledgeable in all areas of personal injury law, including contributory negligence. We know how to build a robust case to improve your chances of recovering fair compensation for your medical bills, lost wages, and pain and suffering.

Initial consultations with our personal injury lawyers are always free and you are under no obligation to pursue a lawsuit. Should you decide to work with our attorneys, fees are assessed on contingency only, which means we are paid only if we secure compensation.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

Total disability ratings, or 100 percent disability ratings, from the Department of Veterans Affairs (VA) are often confusing to veterans, particularly because they are unsure if they can work after receiving this rating.

The Savannah veterans’ disability attorneys of The Nye Law Group have put together a helpful guide to 100 percent VA disability ratings. The guide explains the different types of total disability ratings and when you can work if you have received one of these ratings.

If you are struggling to obtain the benefits you are entitled, our experienced VA disability lawyers may be able to help you. Contact us today for a free, no obligation legal consultation.

WHAT IS A 100 PERCENT VA DISABILITY RATING?

Your disability rating is the percentage the VA assigns to your disability when determining eligibility for various VA benefits. Your rating can range from 0 to 100 percent in 10 percent increments.

There are several different types of 100 percent VA disability ratings, according to Department of Veterans Affairs Code § 3.340:

SERVICE-CONNECTED

These are disabilities caused by injuries that occurred or were aggravated during your service.

If you receive a 100 percent disability rating for one service-connected disability, or a combination of these disabilities, you are still able to work full time without disrupting your benefits.

TOTAL DISABILITY/INDIVIDUAL UNEMPLOYABILITY

Total disability/individual unemployability (TDIU) is a disability rating that may be granted if a veteran’s claim asserts that he or she be paid benefits at the 100 percent disabled rates, even though the disability or disabilities rate below 100 percent.

These claims can be made by a veteran if a service-connected disability prevents him or her from maintaining gainful employment.

To qualify, a veteran must:

• Have a single disability with a rating of 60 percent or a single disability with a rating of 40 percent, paired with additional disabilities equaling a rating of 70 percent or more
• Medical documentation establishing why the veteran cannot work in physical and sedentary jobs

In some cases, a veteran may receive a TDIU rating when the percentage criteria are not met. This would occur when the veteran’s disabilities create an obvious hindrance to his or her ability to hold gainful employment.

If a veteran is granted 100 percent TDUI disability rating, he or she is not permitted to work full time. Marginal or part-time employment is permitted, but there is a limit to how much income can be earned each year without affecting benefits.

TEMPORARY 100 PERCENT DISABILITY RATING

Veterans may qualify for a temporary 100 percent disability rating if:

They have been hospitalized for a service-connected disability for 21 days or more
They have undergone surgery for a service-connected disability that requires a recovery period of at least 30 days
When the temporary 100 percent disability rating is granted, the VA pays benefits at the 100 percent rate for the period the veteran is hospitalized or throughout the recovery period.

PERMANENT AND TOTAL

When a veteran’s service-connected disabilities show no likelihood of improvement and the veteran is expected to stay at a 100 percent disability rating without future reevaluation, the VA may grant the permanent and total disability rating.

Veterans often request this rating because it provides education benefits for their dependents, including fees for tests, licenses, certifications and on-the-job training.

CONTACT OUR SAVANNAH VETERANS’ DISABILITY LAWYERS NOW

The veterans’ disability attorneys at The Nye Law Group can help manage every aspect of your disability claim to help ensure you receive the benefits you deserve.

Contact us to schedule a free, no-obligation consultation with our team of lawyers today. We work on contingency, so you will owe legal fees only if we are able to recover compensation.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

When you entrust the care of an elderly loved one to a nursing home, you expect staff members to treat your loved one with dignity and respect and work hard to meet his or her physical, emotional and social needs.

Unfortunately, this often does not happen, resulting in abuse or neglect of residents and their needs. This includes physical, financial, emotional and sexual abuse.

That is why our Savannah nursing home abuse attorneys advise you to always be looking for any signs of abuse or neglect every time you see or talk to your loved one.

SIGNS OF NURSING HOME ABUSE

If you notice any of the following injuries or psychological issues with your loved one, it could be a sign of nursing home abuse:

• Injuries your loved one does not remember or cannot explain
• Malnutrition or dehydration
• Bedsores
• Mood swings
• Depression
• Nervousness or anxiety around nursing home staff

You should also keep an eye on the conditions in the facility. For instance, a messy, unsanitary room is a classic sign of some form of abuse or neglect.

There could also be some form of financial abuse happening as well. Watch for the following signs:

• Missing money
• Unauthorized checks or credit card purchases
• Unpaid bills
• Forged financial documents

FILING A NURSING HOME ABUSE COMPLAINT

You can file a nursing home abuse complaint with the following agencies in Georgia:

DIVISION OF AGING SERVICES

This is a division of Georgia’s Department of Human Services that handles reports of abuse of the elderly or adults with disabilities.

There are two ways to file a complaint with this division:

• Fill out an online complaint form by visiting the page on reporting elder abuse and clicking the link for web reporting near the top of the page.
• Call this toll-free number: 1-866-552-4464. Reports are accepted between 8 a.m. and 5 p.m. Monday through Friday. If you call outside of those hours, leave a detailed message. You should receive a response the next business day.

OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN

This is part of the Division of Aging Services. One of the main purposes of this office is to investigate and try to resolve complaints made by or on behalf of residents of long-term care facilities.

From the top right of the homepage of the ombudsman program website, you can select the county with the nursing home where the abuse occurred. This will provide you with contact information for the ombudsman assigned to the appropriate county.

Here is the contact information for the ombudsman assigned to Chatham County, where Savannah is located:

• Main phone numbers: (912) 367-4866 or 1-866-991-9988
• Fax number: (912) 367-3849

HEALTHCARE FACILITY REGULATION

This is a division of Georgia’s Department of Community Health responsible for licensing, certification and oversight of health care facilities in the state.

You can file a complaint with Healthcare Facility Regulation by:

• Calling 1-800-878-6442
• Faxing a complaint to 404-657-5731

CONTACT OUR ATTORNEYS FOR HELP FILING A COMPLAINT

Filing an official complaint with authorities in Georgia is the first step to dealing with nursing home abuse.

However, while the authorities will investigate and hopefully punish those responsible for your loved one’s abuse, they will not be able to provide compensation for the damages caused by the abuse.

That is where our Savannah personal injury lawyers come in. We may be able to file a lawsuit to obtain compensation for physical, financial and emotional damages. While compensation cannot change what happened, it can go a long way toward helping your loved one and your family recover from this awful situation.

Our experienced attorneys offer a free, no obligation legal consultation where you can discuss what happened and our attorneys can determine if you have a case. If you do, and you decide to proceed, you will not be charged legal fees unless you receive compensation.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

You never know how other drivers are going to behave. That’s why the best way to avoid a car accident is to be a defensive driver when you are behind the wheel.

The accomplished Savannah car accident attorneys of The Nye Law Firm have compiled a list of seven essential defensive driving tips. Using these strategies will help you avoid dangerous situations that could cause car accidents that result in severe injuries or deaths.

1. KNOW YOUR SURROUNDINGS

You should always be scanning your surroundings so you can quickly detect hazards and monitor reckless drivers in your vicinity. Scanning your surroundings includes:

• Checking rearview and side mirrors often
• Surveying traffic and road conditions at least 20 to 30 seconds ahead of your current position
• Paying extra attention to pedestrians, animals, bicyclists and motorcyclists who are sharing the road with you

If you spot a reckless driver who is weaving through traffic, speeding or violating traffic laws, you should pull over, change lanes or slow down to avoid them. Keeping your distance will give you a better chance to monitor the other driver’s actions and provide more time to react if a dangerous situation arises.

2. AVOID DISTRACTIONS

Unfortunately, many drivers are struggling to keep their eyes, hands and attention on the task of driving. They are focused on their smartphones, car stereos, conversations with passengers or other distractions. That is why distracted driving is one of the nation’s leading causes of automobile accident fatalities.

Avoiding each of the following forms of distracted driving will significantly lower your risk of an accident:

• Texting
• Talking on a cellphone
• Having conversations with passengers
• Eating and drinking
• Grooming or putting on makeup
• Adjusting the stereo
• Programming the GPS
• Looking for items inside the vehicle

3. ANTICIPATE THE ACTIONS OF OTHER MOTORISTS

Even though Georgia has some of the safest drivers in the Southeastern U.S., you never know when one of them is going to make a dangerous maneuver that puts you at risk of an accident.

That is why you should always watch other drivers and try to anticipate what they are going to do next. This way, you are less likely to be caught off guard by their actions and will have a better chance of maneuvering away from danger.

4. PLAN AN ESCAPE ROUTE

You cannot predict every action another motorist will take. It is best to plan for the unexpected in addition to anticipating other drivers’ movements.

You should plan an escape route for possible traffic scenarios, such as:

• Abrupt stops
• Drifting
• Sudden braking ahead of you
• An accident ahead of your vehicle
• Another driver running a traffic signal

5. NEVER DRIVE WHILE IMPAIRED

Consuming drugs or alcohol before getting behind the wheel is illegal and very dangerous. These substances slow your reaction time, which is a critical element of defensive driving.

Alcohol and other drugs also impair motor skills and decision making capabilities, both of which are key factors in keeping yourself safe on the road.

You should never operate a vehicle if you have been drinking or using drugs. Designate a sober driver before you go out or call a cab or rideshare service to take you home.

6. DRIVE AT A SAFE SPEED

Speeding is one of the leading causes of fatal car accidents. Speeding gives you less time to hit the brakes or maneuver away from another car or other obstacles.

If you are in ideal road and weather conditions, you should travel at the posted speed limit. If there is heavy traffic, rain or other inclement weather, you should slow down. Speeding in these situations puts you at higher risk of an accident.

7. FOLLOW AT A DISTANCE

Give yourself ample time to stop by following other vehicles at a safe distance. You should allow three to four seconds of space between your car and the one in front of you.

You can measure the distance between your vehicle and the one in front of you by counting the seconds between when the other car passes a fixed object and when you pass the same object. Start counting when the rear bumper of the vehicle in front of you passes the fixed object. Stop counting once your front bumper reaches the object.

You should leave a few more seconds of space between your vehicle and the one in front of you in poor weather conditions, such as rain, snow, or fog. You should also increase following distance at night and when you are behind large trucks or motorcycles.

CONTACT A GEORGIA CAR ACCIDENT ATTORNEY FOR ASSISTANCE
Driving defensively will help you avoid a collision, but you cannot count on other drivers to take these same precautions.

If another driver causes a collision and you suffer injuries or lose a loved one, you may be able to obtain compensation from this person for your medical expenses and other damages.

A an experienced Savannah personal injury lawyer at The Nye Law Group can manage every aspect of your claim, working to secure all of the compensation you deserve. Learn your legal options by scheduling a free, no-obligation case consultation with our experienced lawyers.

We work on contingency, only receiving payment if we recover compensation for you.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.