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Facing Criminal Charges in Raleigh?

Your rights and your future may be on the line. A confidential case review can help you understand your options and start building a strong defense strategy.

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One accusation. One arrest. One moment that can change your entire life.

If you’ve been charged with a crime in North Carolina, you’re facing a system that isn’t designed to protect you. Prosecutors have vast resources, law enforcement has already built their case, and the consequences of a conviction could follow you for decades—affecting your freedom, your family, your career, and your future.

At DeMent Askew Johnson & Marshall, our Raleigh criminal defense attorneys understand what’s at stake. With more than 75 years of combined experience defending clients against criminal charges throughout North Carolina, we provide strategic defense when you need it most. Don’t wait another day. Your defense strategy needs to begin immediately.

Why Choose DeMent Askew Johnson & Marshall for Your Criminal Defense

When your freedom and future are on the line, experience and reputation matter. Our criminal defense team is led by attorneys recognized for excellence:

  • Russell W. DeMent III — Selected to Best Lawyers in America in the Criminal Defense Practice Section since 2019, with extensive experience as both a prosecutor and defense attorney
  • J. Alex Marshall — Experienced criminal defense attorney with a strong track record defending serious felony cases

What sets our defense team apart:

  • Former prosecutors who understand how the state builds cases
  • Deep relationships within the Wake County court system
  • Proven results protecting clients’ rights and futures
  • 24/7 accessibility during the most critical time in your life

We don’t just defend cases—we defend people, reputations, careers, and futures.

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Criminal Charges We Defend

Our Raleigh criminal defense team represents clients facing a wide range of charges, including:

Felony Charges

  • Violent Crimes — Murder, manslaughter, assault, robbery, kidnapping
  • Drug Crimes — Trafficking, possession, manufacturing, distribution
  • Sex Crimes — Rape, sexual assault, indecent liberties, internet crimes
  • Property Crimes — Burglary, breaking and entering, larceny, embezzlement
  • White Collar Crimes — Fraud, embezzlement, identity theft, tax evasion
  • Weapons Offenses — Felon in possession, carrying concealed weapons
  • Habitual Felon Charges — Enhanced sentencing for repeat offenders

Misdemeanor Charges

  • DWI/DUI — First offense and repeat offenders
  • Assault and Battery — Simple assault, assault on a female, domestic violence
  • Drug Possession — First-time and repeat offenses
  • Theft Crimes — Shoplifting, misdemeanor larceny
  • Disorderly Conduct — Public disturbance, fighting, trespassing
  • Traffic Violations — Driving with revoked license, reckless driving
  • Probation Violations — Technical and substantive violations

The North Carolina Criminal Justice Process

Understanding the criminal justice process is the first step in mounting an effective defense. Here’s what you can expect when facing criminal charges in North Carolina:

1. Arrest and Initial Appearance

After arrest, you’ll appear before a magistrate who will:

  • Set bond conditions
  • Determine release eligibility
  • Schedule your first court date

This happens quickly, often within 24-48 hours of arrest, making immediate legal representation crucial.

2. First Appearance and Probable Cause Hearings

In felony cases, you’ll have:

  • A first appearance where charges are formally read
  • A probable cause hearing where the state must demonstrate sufficient evidence

Our attorneys use these early hearings to evaluate the prosecution’s case, challenge evidence, and begin building your defense strategy.

3. Discovery and Pre-Trial Motions

During this critical phase, we:

  • Obtain and analyze all evidence through the discovery process
  • File motions to suppress evidence obtained unlawfully
  • Challenge procedural errors
  • Negotiate with prosecutors
  • Prepare for trial

This is where having former prosecutors on your defense team provides a significant advantage—we know what to look for and how to find weaknesses in the state’s case.

4. Plea Negotiations or Trial

Based on our thorough case evaluation, we’ll advise you on:

  • Potential plea arrangements and their consequences
  • Trial strategy if proceeding to court
  • Likelihood of success at trial
  • Potential sentencing outcomes

If your case goes to trial, we provide aggressive courtroom representation, challenging the prosecution’s evidence and presenting your defense to judge or jury.

5. Sentencing and Post-Conviction

If convicted, we continue fighting for you by:

  • Advocating for minimal sentencing
  • Pursuing alternative sentencing options
  • Filing appeals when appropriate
  • Seeking post-conviction relief

Potential Consequences of Criminal Convictions

The impact of a criminal conviction extends far beyond any sentence imposed:

North Carolina Felony Classifications and Penalties

Class Prison Sentence Examples of Crimes
Class A Death or life without parole First-degree murder
Class B1 144-483 months (12-40+ years) Rape, sexual offense with a child
Class B2 94-393 months (8-32+ years) Second-degree murder
Class C 44-231 months (3.7-19+ years) Armed robbery, kidnapping
Class D 51-204 months (4.3-17 years) First-degree burglary, voluntary manslaughter
Class E 15-88 months (1.3-7.3 years) Assault with deadly weapon, certain drug trafficking
Class F 10-59 months (0.8-4.9 years) Indecent liberties with a child, common law robbery
Class G 8-47 months (0.7-3.9 years) Possession of firearm by felon, second-degree burglary
Class H 5-39 months (0.4-3.3 years) Felony larceny, breaking and entering
Class I 3-24 months (0.3-2 years) Credit card theft, possession of stolen goods

North Carolina Misdemeanor Classifications and Penalties

Class Maximum Jail Time Examples of Crimes
Class A1 150 days Assault on a female, sexual battery, domestic violence
Class 1 120 days Larceny, possession of drug paraphernalia, shoplifting
Class 2 60 days Simple assault, disorderly conduct, carrying concealed weapon
Class 3 20 days Worthless check, minor shoplifting violations

Note: Actual sentences depend on prior criminal record and aggravating or mitigating factors. Those with extensive criminal histories may receive sentences at the higher end of the ranges.

Wake County Courthouse
Handles civil and criminal matters in Wake County
  • Address: 300 S Salisbury St, Raleigh, NC 27601
  • Hours: M-F 8:30 A.M.-5 P.M.
  • Phone:(919) 792-4000

Direct Legal Consequences

  • Incarceration — From days to decades depending on the offense class
  • Probation — Restrictive conditions that limit your freedom
  • Fines — Often thousands of dollars plus court costs
  • Restitution — Payments to alleged victims
  • Loss of rights — Voting, firearm ownership, professional licenses

Long-Term Collateral Consequences

  • Permanent criminal record visible on background checks
  • Employment barriers — Many employers refuse to hire people with convictions
  • Housing rejections — Landlords often screen for criminal history
  • Educational limitations — Restricted access to financial aid and certain programs
  • Professional license suspension or revocation
  • Immigration consequences for non-citizens
  • Social stigma affecting personal relationships

One mistake or false accusation shouldn’t define your entire future. Our goal is to prevent or minimize these consequences through strategic, aggressive defense.

Get a Strong Defense from Raleigh Criminal Defense Lawyers Who Know What’s at Stake

The decisions you make immediately after being charged can determine the outcome of your case. Don’t give statements to police, don’t accept plea deals, and don’t navigate the system without experienced legal representation.

At DeMent Askew Johnson & Marshall, we’ve defended thousands of clients against criminal charges throughout North Carolina. We understand what you’re going through, and we know how to fight for your rights, your freedom, and your future.

The consultation is completely confidential. Call us now or complete our online contact form to schedule your consultation. There’s a right way and a wrong way to handle criminal charges—let us help you protect everything that matters. Serving clients in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.

Areas served

Wake County

  • Raleigh
  • Cary
  • Apex
  • Morrisville
  • Garner
  • Holly Springs
  • Fuquay-Varina
  • Wake Forest
  • Rolesville
  • Knightdale
  • Wendell
  • Zebulon

Carteret County

  • Beaufort
  • Morehead City
  • Atlantic Beach
  • Emerald Isle
  • Newport

Durham County

  • Durham

Orange County

  • Chapel Hill
  • Carrboro
  • Hillsborough

Chatham County

  • Pittsboro
  • Siler City

Johnston County (Smithfield courthouse only)

  • Smithfield

FAQs

Should I talk to the police if I'm innocent?

No. Even if you believe you’ve done nothing wrong, speaking to law enforcement without an attorney present can be dangerous. Police officers are trained to gather evidence, not to help clear your name. Innocent statements can be misinterpreted or taken out of context. Always exercise your right to remain silent and your right to an attorney.

 

Can charges be dropped before court?

Yes, in many cases. Through strategic pre-trial motions, negotiations with prosecutors, and presentation of exculpatory evidence, charges can sometimes be reduced or dismissed before trial. Early intervention by an experienced criminal defense attorney significantly increases the chances of a favorable pre-trial resolution.

 

What's the difference between a felony and a misdemeanor in North Carolina?

Misdemeanors are less serious offenses typically punishable by up to 150 days in jail (for Class A1 misdemeanors). Felonies are more serious crimes carrying penalties ranging from a few months to life imprisonment or death. Felony convictions also result in the loss of certain civil rights and create more severe long-term consequences for employment and housing.

 

How long will a criminal case take to resolve?

Case timelines vary widely depending on complexity, severity, court schedules, and defense strategy. Minor misdemeanors might resolve in weeks, while serious felonies can take a year or more. While we work efficiently, our primary focus is on achieving the best possible outcome, not the fastest resolution.

 

Can you help with record expungement after a conviction?

Yes. North Carolina has expanded expungement opportunities in recent years. We can evaluate your eligibility for expungement and guide you through the process of clearing eligible convictions from your record, helping you move forward without the burden of a criminal history.

Cases We Handle

Areas Served

IN RALEIGH:
333 Fayetteville Street,
Suite 1513
Raleigh, NC 27601 Get Direction
(919) 833-5555
IN MOREHEAD CITY:
810 Arendell Street
Morehead City,
NC 28557 Get Direction
(252) 251-5555
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