Criminal Defense

How Can I Successfully Defend Against Assault Charges in North Carolina?

Published on: January 24, 2024 | On behalf of Arnold & Smith, PLLC

How Can I Successfully Defend Against Assault Charges in North Carolina?

Assault is a common crime that may be charged as either a misdemeanor or felony, depending on the circumstances. Assault generally means attempting to physically harm another person, and it may be charged even if you did not touch the other person in some cases. Assault is also called simple assault and is generally a less serious crime than assault and battery. If you are charged with simple assault, you will want to take steps to provide the best defense possible. A knowledgeable criminal defense attorney will assist you in vigorously defending assault charges.

Simple Assault in North Carolina

New Legislation Requires In-Vehicle Breathalyzers by 2026

Published on: January 10, 2024 | On behalf of Arnold & Smith, PLLC

New Legislation Requires In-Vehicle Breathalyzers by 2026

Impaired driving is an ongoing problem in every state. According to the Centers for Disease Control and Prevention (CDC), there are approximately a million drunk driving arrests in the United States every year. The legal blood alcohol concentration (BAC) in North Carolina is 0.08%. If the police suspect you are driving while impaired, they may ask you to perform some field sobriety tests as well as take part in a breathalyzer test. If you are over the limit, you will likely be facing DWI charges in North Carolina.

What are Breathalyzer Tests?

What is the Juvenile Diversion Program?

Published on: December 13, 2023 | On behalf of Arnold & Smith, PLLC

What is the Juvenile Diversion Program?

Just about every child has taken something that doesn’t belong to them. Whether it was a candy bar or something more valuable, theft is a crime that is punishable by law. Theft is likely the most common crime that children commit. When a child under the age of 18 commits a crime, he or she could be charged and, if convicted, could serve a sentence. However, parents need to know that there is a juvenile diversion program that may be available to youngsters as an alternative to criminal conviction.

What is the Juvenile Diversion Program?

Five Ways to Help Win Your Criminal Case

Published on: November 15, 2023 | On behalf of Arnold & Smith, PLLC

Five Ways to Help Win Your Criminal Case

Having criminal charges filed against you can create one of the most stressful situations of your life. Whether you are charged with a serious felony or a minor misdemeanor, the consequences could be serious. If you are found guilty of a crime, you could face penalties that might include fines, community service, jail time, and more. An experienced criminal defense attorney will help you resolve the situation in the best way possible. There are some things you can do to assist your attorney through the process.

Invoke Your Right to Remain Silent

Robbery Vs. Burglary: What is the Difference?

Published on: November 8, 2023 | On behalf of Arnold & Smith, PLLC

Robbery Vs. Burglary: What is the Difference?

Theft is a common crime in North Carolina and across the country. Theft is the taking of property that does not belong to you. A person may be charged with theft if they are accused of stealing items from a store, taking a car, or grabbing a purse. There are various types of theft charges and depending on the severity, the charge could be either a misdemeanor or a felony. While most people use the terms “robbery” and “burglary” interchangeably, they are different crimes and one is more serious than the other. If you are charged with theft, you will want to vigorously defend the charges with help from a North Carolina criminal defense attorney.

Definition of Robbery

What is the Difference Between Detainment and Arrest?

Published on: November 1, 2023 | On behalf of Arnold & Smith, PLLC

What is the Difference Between Detainment and Arrest?

If you watch any of the reality police shows on television, you may notice that police sometimes place people in handcuffs rather quickly. Sometimes they tell the person that they are not being arrested, but instead are being detained. You may wonder what the difference is and when detainment turns into arrest. You will want to understand in case you find yourself in this particular situation.

What is Detainment?

What is the Difference Between a Misdemeanor and Felony?

Published on: October 25, 2023 | On behalf of Arnold & Smith, PLLC

What is the Difference Between a Misdemeanor and Felony?

When you are charged with a crime it may be classified as either a misdemeanor or a felony. Regardless, any criminal charges against you are serious and could result in severe consequences. Some penalties could include a prison sentence, fines, probation, community service, suspension of your driver’s license, and more, depending on the charges. There are some important differences between misdemeanor and felony charges, and you will want to speak to an experienced criminal defense attorney as soon as possible.

Misdemeanors and Felonies

What is Self Defense?

Published on: October 18, 2023 | On behalf of Arnold & Smith, PLLC

What is Self Defense?

When you are faced with danger, you want to defend yourself. When you end up seriously hurting or killing the other person as a result, you might be charged with a crime. You may defend the charges with a claim of self-defense. Self-defense is an affirmative defense to a crime. In other words, you do not dispute that the situation occurred, but it happened because you were defending yourself or your property. However, you cannot claim self-defense in every situation. The law provides for the use of force under specific circumstances.

When Can You Use Force?

Pretrial Integrity Act Now in Effect

Published on: October 11, 2023 | On behalf of Arnold & Smith, PLLC

Pretrial Integrity Act Now in Effect

A new law is in place in North Carolina. The Pretrial Integrity Act went into effect on October 1, 2023. The bill was initially introduced as House 813 and was signed into law by Governor Roy Cooper on July 1, 2023. The law is designed to allow judges the ability to make decisions regarding setting bonds for defendants. Proponents of the bill wanted legislation in place to ensure that dangerous criminals would be kept in jail pending their trials.

Bond in Criminal Cases

Mecklenburg County Courts Going Digital – Delays are Expected

Published on: October 4, 2023 | On behalf of Arnold & Smith, PLLC

Mecklenburg County Courts Going Digital – Delays are Expected

We all like efficiency and there is a need to bring all of our governmental processes into the digital age. With this in mind, the court system in North Carolina has been undergoing a transition to digital. The new system is designed to improve the court system with a software package of applications called eCourts. The state-wide implementation of the digital system is expected to cost about $100 million. The system will provide more online access to court activities and allow judges and clerks to complete more of their work from their computers.

Planned Transition Was Postponed