Assault On A Female in North Carolina

  North Carolina General Statute §14-33 is the controlling law for assault on a female. A person is guilty of this offense if: (1) he is a male (2) at least 18 years old and (3) commits an assault (4) on a female. North Carolina recognizes two forms of assault. The first form is an (more…)

New Case Law on Aggravating Factors in DWI Cases

In Driving While Impaired (“DWI”) charges in North Carolina, the Court considers various aggravating and mitigating factors to determine how the Defendant is to be punished. The Court assigns five different levels of DWI offenders with Level A1 being the most serious and Level 5 being the least. One such aggravating factor is whether or (more…)

What to expect after you are arrested for a crime

After you are arrested on a criminal charge, you are always guaranteed the right to have a first appearance before a judge or a magistrate. The specifics of the first appearance are determined by the type of crime with which you are charged (i.e. felony vs. misdemeanor),, and whether or not you were arrested pursuant (more…)

Keeping Track of Points on Your License

In North Carolina, if you receive a certain amount of points on your NC Driver’s License, you could be facing a probationary period or possible suspension of your license altogether. If you receive a traffic ticket, a fine and court costs are not the only possible severe consequences that you could face. Certain traffic offenses (more…)

Expunctions of Criminal Records

Do you have a criminal charge or conviction that continues to show up when applying for housing or employment? You may be eligible to have that crime removed from your criminal record through an expunction, which is also referred to as an expungement. When an expunction occurs, you are allowed to deny the incident occurred (more…)

Why it’s Nearly Impossible to Win a Probation Violation

If you’ve ever experienced a criminal conviction, chances are you may have been placed on probation.  If you are ever in the unfortunate position to be placed on supervised probation, be sure to take it very seriously and to form a good relationship with your Probation Officer.  The reason this is so important is that (more…)

DWI Pretrial Limited Driving Privileges

You’ve been charged with Driving While Intoxicated. Waves of anxiety overcome you as you think about a possible conviction, longterm consequences on your criminal record, and the immediate impact on your ability to drive and accomplish day to day tasks. The date you were charged with the DWI, the arresting officer likely took your Driver’s (more…)

School Bus Laws

The 411 on School Bus Passing Safety Now that it is officially fall, and you have hopefully figured out your little ones’ school schedules, fallen in love with their teachers, and have finally figured out the perfect portion of peanut butter to jelly to make the perfect lunch!  But have you reviewed the rules for (more…)

NC still on the fence as to whether convicted felons may possess firearms in an emergency

North Carolina law prohibits a person who has been convicted of a felony from possessing a firearm. The prohibition, set forth in G.S. 14-415.1, contains narrow exceptions, such as for antique firearms. The question has arisen in several cases whether a person with a prior felony conviction may possess a firearm if necessary to defend (more…)

Removal from the Registry

Getting off of the sexual offender registry is no easy task and for good reason.  Sexual offenders have the highest rate of recidivism or likelihood in repeating a related offense.  The need to monitor these types of offenders has been deemed a paramount concern by North Carolina’s General Assembly, which led to N.C. Gen. Stat. (more…)