Can I Face Criminal Charges After a Traffic Accident?
Accidents happen very regularly, and most people get into a fender-bender situation at some point in their lives. While, typically, vehicle accidents are civil matters that parties work out between their insurance companies, there are some circumstances that may result in criminal charges. An experienced criminal defense attorney will help you resolve issues that end up in court.
Leaving the Scene of an Accident
Defending Manslaughter Charges
Manslaughter is the killing of another person without forethought or malice. It differs from the charge of murder in that murder is the killing of another person with intent. There are several types of manslaughter charges that might apply. Although manslaughter is generally a felony, the penalties are usually less severe than the penalties for a murder conviction. If you have been charged with manslaughter, you will want to vigorously defend the charges to seek an acquittal or the lowest sentence possible. A knowledgeable criminal defense attorney will guide you through the legal process.
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Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”
Manslaughter is a serious criminal charge in North Carolina. Manslaughter is a crime that may be charged when someone is responsible for the death of another. There are three main types of manslaughter in North Carolina, including voluntary, involuntary, and vehicular. Voluntary manslaughter occurs when a person intends to cause harm to another due to negligence or recklessness. Involuntary manslaughter is when a person unintentionally causes the death of another. There is a separate charge for a death that occurs due to a vehicle accident. This charge is called vehicular manslaughter.
Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”
Manslaughter charges occur when someone dies due to the negligence of someone else. If you are charged with manslaughter you are facing severe consequences if you are found guilty. Manslaughter is different from murder because of the state of mind of the defendant at the time of commission of the crime. Murder shows intent, malice, or aforethought or extreme disregard for human life. When a person is killed without specific intent to murder, the likely charge will be manslaughter. Because manslaughter charges are considered serious, you will want to fight the case with help from an experienced criminal defense attorney in North Carolina.
Charlotte Criminal Lawyer Brad Smith answers the question: “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?”
In North Carolina, drivers who kill other persons in a drunk driving crash or while committing a traffic violation are charged with death by vehicle, also known as vehicular homicide.
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”
When facing criminal assault, battery, or any other type of charges, defendants often claim self defense. When claiming self defense, a defendant is stating that the party claiming to be the victim was actually the aggressor or initiated the conflict that resulted in the need for defense of person, family, or home. In order to prove this, evidence needs to be presented that shows the victim was the one who initiated the conflict. In State v. Bass, the North Carolina Supreme Court stipulated types of evidence that are not permissible in self defense cases to prove provocation.
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 concept, the laws are new in some states. In these places where the laws are new, the local judiciary may be unfamiliar with how to apply the laws, meaning there is a bit of a learning curve in the months and even years following passage. This can be problematic for both prosecutors and defendants, as neither knows what to expect.
Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”
When you think of deadly weapons most people imagine the classics: guns and knives. Crimes that include heightened penalties for being committed with deadly weapons thus typically involve defendants who had a gun or knife in their possession at the time. Though this is true in many cases, there are plenty of other items that have been deemed deadly weapons. The Florida Supreme Court will soon weigh in on this issue and decide whether an automobile ought to be deemed a deadly weapon.
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
It can sometimes seem like we have seen it all before. This is especially true in the criminal law world, where crimes are seldom novel, but often sad cycles continually repeating themselves. Though this is true in some cases, a recent prosecution in Massachusetts demonstrates that individuals can still find new ways to run afoul of the law and, when that happens, it can raise important questions about how these groundbreaking cases ought to be handled.
Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”
A North Carolina state appellate court released a ruling this [week] refusing to accept the defendant’s claims that he was provoked into killing his girlfriend because he was jealous of her relationships with other men. The Durham County Court of Appeals’ decision in State v. Chaves provides too good an example of the elements required for a voluntary manslaughter charge to resist discussion, but be warned: the facts of this case read somewhat like a television show or soap opera.
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