battery

Evidence Used in North Carolina Self Defense Cases

Published on: February 20, 2019 | On behalf of Arnold & Smith, PLLC

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.

Criminal Implications of Charlottesville Car Attack

Published on: August 16, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “How is getting charged with a crime on a college campus different from being charged off campus?”

The incident over the weekend in Charlottesville, VA where neo-Nazis and white supremacists gathered to protest the removal of Confederate statues resulted in the tragic death of a young woman. According to authorities, the woman was a counter protestor and was standing on a street corner with others shouting down the assembled white supremacists. James Alex Fields, Jr. is said to have driven his vehicle onto the sidewalk, striking several counter protestors and killing one.

When is a hate crime not a hate crime?

Published on: April 26, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

When most people think of hate crimes they imagine criminal acts that occur because one person was motivated by a particular animus against the victim. This animus can be based on a number of things, such as the victim’s race, gender or sexual orientation. If such animosity motivates a crime, it stands to reason that the defendant could be charged with committing a hate crime. However, as a case in West Virginia demonstrates, that might not always be true.

Trump’s Campaign Manager and The Case For Assault

Published on: April 7, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “As a parent, what should I be aware of when speaking to police about charges my child faces?”

We recently discussed the potential case to be made against Donald Trump related to an incident in North Carolina that left a protestor at one of his rallies injured. Trump’s campaign must now contend with more than just theoretical criminal charges, as his campaign manager, Corey Lewandowski, has now been arrested in connection with the alleged battery of a reporter.