Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?” While your right to carry firearms is protected under the federal constitution, depending on the circumstances you can still be arrested for carrying a gun in North Carolina. In fact, you…
Articles Posted in Guns/Firearms
A Surge in Shootings and Other Crimes in Charlotte During the COVID-19 Pandemic
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?” Shootings and unlawful possession of firearms have spiked in Charlotte despite the COVID-19 pandemic and stay-at-home orders. Police department officials in Charlotte are urging the public to stay safe because it appears that the pandemic…
Gun Carry Laws in North Carolina
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” The U.S. and North Carolina Constitutions protect your right to bear arms. However, that right does not extend to carrying a gun wherever or whenever you wish. There are…
Can Police Take My Gun During a Traffic Stop?
Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?” The Second Amendment to the United States Constitution gives citizens the right to bear arms. This is not to say that a person is lawfully permitted to carry a weapon at all…
Self-Defense, Intent, and Duty to Retreat in North Carolina
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” Being in a situation fearing for your life and/or safety is not a place many people want to be. Anyone who has been in that situation will tell you…
Justification as a Defense for Felons Using a Firearm
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” Guns and firearms are a big issue in the United States. Regardless of which side of the debate you agree with, the right to bear arms is granted by…
North Carolina Appeals Court Rules on the Use of Defensive Force in the Home
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” In 2011, the North Carolina General Assembly updated the law governing the use of defensive force in the home. Since then, there has been a need for clarification of…
Iowa’s “Stand Your Ground” Law Put To The Test In Recent Case
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?” Stand Your Ground laws have been around for more than a decade now, with Florida serving as one of the first states to pass such legislation back in 2005. Though not a novel…
Armed ≠ Dangerous for Stop and Frisk by Police, Judge Rules
Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?” The federal appellate court with jurisdiction over North Carolina just ruled in a surprising decision that “armed” does not automatically mean “dangerous” within…
Drunken battle over bike, money wins shotgun-wielding man attempted murder charge
Brad Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?” A York, S.C. man was arrested over the weekend after a disagreement over a bicycle he said a man stole from him. The man, Randall L.…