Understanding the Castle Doctrine (Stand Your Ground) You are sitting on your back patio when you suddenly see someone you do not know making their way onto your property. The stranger is getting closer and is heading towards your side door with the possible intent of breaking inside. Do you…
Articles Posted in castle doctrine
Self Defense Laws in North Carolina: A Resource for Residents
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” There is an old saying that goes, “A person’s home is their castle.” This phrase is used to explain the deeply intrinsic motivation we have to protect our property…
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…
Jury Awards $150,000 to SC Man in Wrongful Prosecution/Stand-Your-Ground Case
Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?” In a lawsuit for malicious prosecution, a York County jury has awarded a $150,000 verdict to a Rock Hill-area man for the county Sheriff’s Office…
Jury convicts man who pled “stand your ground” defense
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” A 30-year-old Montana man has been convicted of deliberate homicide in the April 27, 2014 shooting death of a German foreign-exchange student. The man, Markus Kaarma of Missoula, Montana, found…