Our client was charged with First Degree murder after using his concealed carry weapon to defend himself and his young child in an altercation. Despite only conducting a short investigation, police charged our client with First Degree Murder just a few hours after arresting him. If convicted, our client would have been sentenced to life in prison. We acted quickly to point out to the District Attorney the inconsistencies in the investigation. We presented evidence that our client acted in self-defense and the District Attorney dismissed the case. Read about how attorney Kevin Marcilliat helped prove our client’s innocence.
Accusation: First Degree Murder and Concealment of Death
Result: 60 to 84 months in prison.
State v. I.R.: Our client was accused of murder and concealing death based on narcotics that he allegedly provided to an overdose victim. After obtaining court funding to hire one of the preeminent experts in toxicology in the State, we were able to show that the State’s case was not as strong as it initially looked, particularly on the issue of causation. We argued that the drugs allegedly provided by our client were not chemically the same as the drug that was the major contributing factor to death. Through investigation, we were also able to determine that the alleged victim had a long history of drug abuse leading up to the date of death. Ultimately we were able to work out a plea deal that allowed our client to argue for a 58 month prison term for involuntary manslaughter and concealment of death. At sentencing, the Court imposed a sentence that was only 2 months above the legal mandatory minimum. In short, although our client was facing LIFE, he will likely be released from prison after serving only 5 years.
State v. B.S.: Our client was indicted for First Degree Murder for his alleged role in a drive-by shooting that lead to the death of the victim. Prior to trial, we filed several motions in limine to prevent the State from introducing evidence regarding our client’s alleged gang affiliations and past criminal activity. At trial, the State presented video footage and multiple witnesses who testified that our client was the driver of the suspect vehicle. At the time of the incident, our client was subject to “ankle monitoring” which placed him at the scene of the crime at the time of the shooting. Ultimately, the jury returned a verdict of Not Guilty.
Charges: First Degree Murder, N.C.G.S. § 14-17, Robbery with a Dangerous Weapon, N.C.G.S. § 14-87
Facing: mandatory LIFE sentence, plus 160 to 204 months
Result: 144 months to 185 months.
State v. J.G.: The State had compelling evidence that our client set up a drug deal that directly lead to the robbery/murder of a young man. We persuaded the State to reduce the charges to Second Degree Murder. In North Carolina, there are two types of Second Degree Murder, N.C.G.S. § 14-17(b) (which is a B1 felony) and N.C.G.S. § 14-17(b)(1) (which is a B2 felony). The version of Second Degree Murder that is a B2 felony is punished less severely than the B1 felony version, because under the B2 felony statute “the malice necessary to prove second degree murder is based on an inherently dangerous act” that is done “recklessly.” While “reckless” Second-Degree Murder is often reserved for DWI cases that result in a death, we persuaded the State to allow our client to plead under that statute. Ultimately our client avoided a LIFE sentence and can expect to be released from prison in his early thirties.
Charges: Felony Death by Motor Vehicle, N.C.G.S. § 20-141.4, and DWI, N.C.G.S. § 20-138.1
Facing: 51-74 months in prison
Result: 4 years supervised probation
State v. R.H.: Our client struck and killed a motorist when he was driving while impaired. Our client’s BAC was almost 3 times the legal limit, .23 according to the EC-IR II. After pleading guilty to felony death by vehicle, we persuaded the Court to impose a probationary sentence.
Charges: Misdemeanor Death by Vehicle, N.C.G.S. § 20-141.4(a2), and Speeding, N.C.G.S. § 141(m).
Facing: 150 days in jail.
Result: 2 years unsupervised probation and restitution (less than $8,000).
State v. E.E.: Our client accidently struck and killed a pedestrian while driving her vehicle. When the investigating officers arrived on the scene, our client was interviewed and her cell phone was seized and searched. The cell phone evidence indicated that our client may have been “texting and driving” when the fatal accident occurred. We were able to utilize an accident reconstruction expert to show that a contributing factor to the accident was that our client’s vehicle was out of alignment and had a disconnected stabilizer bar on the right side, causing the vehicle to pull right. According to our expert, the vehicle’s slight pull to the right could have caused the tragic accident. Ultimately, our client pled guilty to a misdemeanor and received an unsupervised probationary sentence.
A Review of Roberts Marcilliat & Mills PLLC
January 2013 our son was charged with a very serious crime that would have resulted in a Life sentence. We were in desperate need of the best legal representation at that time. I googled for the best Defense Attorney in North Carolina and came across Attorney Patrick Roberts. I proceeded to view his website and read his reviews from previous clients. We met with Mr. Roberts to discuss our son’s charge and immediately hired him. One of the best decisions I’ve ever made! Mr. Roberts is very professional, knowledgeable, confident and passionate in his Law practice and FEARLESS in the courtroom. He was always prompt with meetings, phone calls and always straight forward with the good and bad. Nineteen months later, our son’s case went to a jury trial and resulted in an Acquittal due to Mr. Roberts OUTSTANDING representation in the courtroom! We would highly refer Attorney Roberts to anyone seeking legal representation. Roberts Marcilliat & Mills PLLC has the best Attorneys and Staff in North Carolina!! Thanks Attorney Roberts….. You’re the best!
Review by: a Criminal Defense client
Reviewing: Criminal Defense Legal Services
Date published: 07/31/2014
Rating: 5 / 5 stars
Disclaimer: The listed casesare illustrative of the types of cases handled and do not represent the entire record of cases handled by the firm. The outcome of a particular case is based upon a variety of factors and cannot be predicated upon a lawyer’s or law firm’s past results. The penalties listed for each case are the maximum amount of time the client was facing, based upon the structured sentencing guidelines and taking into consideration each client’s criminal record at that time. Prior results do not guarantee a similar outcome.
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