criminal penalties

Defending Larceny Charges in North Carolina

Published on: June 8, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”

Larceny means the unlawful taking of someone else’s property with the intent to keep it from the owner permanently. Larceny by definition does not include the use of force. If force is used in the taking of property, the act becomes a more serious offense, such as robbery. Another word that you can often use interchangeably with larceny is theft. Theft can occur whether the property owner is present or not, as long as force is not used. Larceny may be a misdemeanor or felony based on some factors such as the dollar amount of the property taken.

How Can I Help My Attorney With My Criminal Defense?

Published on: March 30, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

When you face criminal charges you are likely feeling terrified and fearful of the unknown. Your life may be somewhat on hold until you resolve the case. If convicted, you could end up with a sentence that might include jail time, fines, probation, restitution, and more. You can count on your criminal defense attorney to vigorously defend your case and help you get the best possible resolution. Meet with your experienced criminal defense attorney to review the details of your case as soon as possible following your arrest.

What are Misdemeanors in North Carolina?

Published on: September 29, 2021 | 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 you are charged with a crime, it is important to understand the severity of the charges and potential penalties. There are two main classifications of crimes including misdemeanors and felonies. Felony crimes are generally more serious and therefore they include more substantial consequences if convicted. Misdemeanors are usually less serious in nature and if convicted you will be subject to less harsh penalties than felonies. It is helpful to explore misdemeanor crimes to learn more about them and their sentences.

What are Criminal Penalties for Violating North Carolina’s COVID-19 Curfew?

Published on: December 23, 2020 | On behalf of Arnold & Smith, PLLC

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?”

North Carolina’s statewide curfew took effect on December 11, 2020, as COVID-19 cases and hospitalizations continue to rise and break new records. Under the state’s modified Stay-at-Home order, residents must stay at home between 10 p.m. and 5 a.m. What if you violate the order?

What is Considered a Crime Against Nature in North Carolina?

Published on: September 16, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”

https://youtu.be/Uh7nLM7xVBw

While many states no longer use the term “crime against nature” to criminalize sex acts between two consenting adults, the state of North Carolina still uses the offense to punish wrongdoers.

Criminal Charges and Penalties for Driving Without a License in North Carolina

Published on: July 29, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can I represent myself on a traffic ticket?”

North Carolina law prohibits driving a motor vehicle without a valid driver’s license. Individuals who are caught driving without a license face penalties that may include fines and a jail sentence.

Criminal Penalties for Filing a False Police Report in North Carolina

Published on: October 30, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

It may seem that filing a false police report does no harm, but doing so can result in criminal charges in North Carolina. Although the reasons why people make untrue claims to police officers vary, it makes sense that the law does not tolerate false police reports. After all, one of the duties of law enforcement is to take seriously every claim filed by citizens.

Alaska Tries New Approach To Reduce Prison Population

Published on: January 31, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

States across the country are wrestling with finding ways to deal with increasingly large prison populations. People on both side of the issue acknowledge that as the population of people incarcerated continues to swell it presents a multitude of challenges, some budgetary, some logistical, others societal. One approach advocated by many is to try and reverse the trend by reducing criminal penalties for a range of mainly low-level offenses. By reducing the number of crimes that result in time behind bars, you not only save money, but also hopefully address underlying issues through treatment and reduce recidivism.

Criminal Law and the Ryan Lochte Mess

Published on: August 23, 2016 | 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?”

Anyone with access to the internet has likely heard about the mess Ryan Lochte and his fellow American Olympic swimmers recently got themselves into in Brazil. The group of four Olympians initially claimed that they were the victims of a robbery, appearing to be yet another example of how Rio is a dangerous place. Days later, a different story began to emerge, one which seems to indicate the group was behaving more like spoiled frat boys than heroic Olympians.

Supreme Court Knocks Down Criminal Penalties For Implied Consent Violations

Published on: June 23, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers callers’ questions during a 30 minute radio interview with the Legal Forum. Recorded in Charlotte, Mecklenburg County North Carolina.

The Supreme Court voted 7-1 to place limits on laws that make it a crime for drivers suspected of drunk driving to refuse to submit to an alcohol test. The decision says that police must obtain search warrants before requiring a driver to submit to a blood alcohol test. A warrant will not be required, however, for breath tests.