Legal Question in Criminal Law in North Carolina
Worried
I am due to be in court within the next week for Felony Conspiracy to commit embezzelment and I have a jury trial. I would like to know if the jury finds you guilty, does the judge have to give you the maximum punishment for that crime?
1 Answer from Attorneys
Re: Worried
No. The judge will ordinarily begin in the presumptive sentencing range based on a schedule found in the general statutes. The DA and your attorney will then argue whether the sentence should be aggravated or mitigated for sentencing based on a list of elements found in the statutes. You should certainly have an attorney by now and you should have spoken to your attorney about what you should do to collect and present evidence of mitigation at sentencing if and when that occurs. Do not, under any circumstance, simply sit there and say "I ain't guilty and there is no way a jury is going to convict me." If a DA thinks the case is good enough for him to risk his batting average taking the case before a jury there is most assuredly a way the jury could convict. Also, since you are charged with conspiracy it sounds like a plea agreement has already been discussed. Conspiracy is a step down from the act. That will have saved you some months already. Good luck to you. Dress up. Look serious. Figure out how you would make restitution.
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