Charlotte Criminal Lawyer Blog

Understanding the New Sentencing Law in North Carolina

Published on: November 12, 2025 | On behalf of Arnold & Smith, PLLC

Understanding the New Sentencing Law in North Carolina

North Carolina Governor Josh Stein signed a new law that applies to North Carolina sentencing rules. The law changes a longstanding rule that judges typically followed regarding how multiple sentences are to be served. The law applies to those who are facing more than one sentence, such as for multiple convictions. The new law allows for consecutive sentences and could impact the length of a defendant’s sentence, possibly by many years. The new law takes effect on December 1, 2025, for crimes committed on or after that date.

Multiple Convictions

Consequences of DUI Refusal in North Carolina

Published on: November 5, 2025 | On behalf of Arnold & Smith, PLLC

Consequences of DUI Refusal in North Carolina

Police officers are focused on public and road safety and are required to enforce the law. If you are pulled over for a traffic violation, the police may want to determine whether you are impaired. The legal limit in North Carolina is 0.08% BAC. Blood alcohol content (BAC) is a measurement of the concentration of alcohol in your system. The police may have you perform some standardized field sobriety tests (SFSTs), and they may also ask you to take a preliminary breath test to help determine whether you are impaired. They may then transport you to the police station, where they conduct an evidentiary DUI test.

Understanding Implied Consent

Breaking and Entering Charges in North Carolina

Published on: October 29, 2025 | On behalf of Arnold & Smith, PLLC

Breaking and Entering Charges in North Carolina

Entering a business or another person’s home without permission is a crime. The laws regarding breaking and entering in North Carolina are strict. If you are convicted of this type of crime, you could face severe consequences, including fines, a prison sentence, and more. Even if you have no previous breaking and entering convictions, the penalties generally still include jail time. You will want to vigorously defend the charges with help from an experienced criminal defense attorney.

What is Breaking and Entering?

Is it Legal to Have a Fake Firearm?

Published on: October 29, 2025 | On behalf of Arnold & Smith, PLLC

Is it Legal to Have a Fake Firearm?

The United States Constitution provides people with many rights. Specifically, the Second Amendment gives people the right to keep and bear arms. Since it was ratified in 1791, the law ensures that citizens are allowed to own a weapon. The law was first intended to help people defend themselves in an era before police departments were established. Firearms have changed over the years, including the addition of fake or replica guns. Although it is legal for most people to own guns, is it legal to own fake firearms?

What are Fake Firearms?

Felon Firearms Possession Charges

Published on: October 15, 2025 | On behalf of Arnold & Smith, PLLC

Felon Firearms Possession Charges

The U.S. Constitution allows citizens to own firearms. However, if someone is convicted of a felony, they lose some of their constitutional rights. A felon is not allowed to own a firearm or to have one in their possession. If you are found to have a gun and are a felon, you could face serious felony firearms charges. If convicted of these charges, you could face a number of penalties, including the possibility of jail time.

Definition of Firearm

Stalking Charges in North Carolina

Published on: October 8, 2025 | On behalf of Arnold & Smith, PLLC

Stalking Charges in North Carolina

People make connections with other people throughout their lives, including online and in person, as well as through others. When someone follows or harasses someone else, it can be considered stalking. Stalking is a serious offense, and if convicted, it comes with harsh penalties. It is helpful to understand stalking charges and sentences. If you have been charged with stalking, you will want to defend the charges with assistance from a knowledgeable criminal defense attorney.

What is Stalking?

Are You Safe From Public Intoxication Charges in a Social District?

Published on: October 1, 2025 | On behalf of Arnold & Smith, PLLC

Are You Safe From Public Intoxication Charges in a Social District?

Many people enjoy meeting friends and having fun at bars and clubs. Pub or bar crawls have become popular social trends. A bar crawl is a term to describe going from bar to bar during the evening. These are fun, social events that allow people to meet others and enjoy beer or other alcoholic beverages with friends. However, there are some concerns that people could have if they are found to be drunk in public. Public intoxication and disorderly conduct charges sometimes go hand-in-hand in cases where a drunk person is involved in a fight.

Public Intoxication Is Not A Crime

Q and A: Reckless Driving in North Carolina

Published on: September 24, 2025 | On behalf of Arnold & Smith, PLLC

Q and A: Reckless Driving in North Carolina

What is the Definition of Reckless Driving?

Reckless driving is driving any vehicle on a highway or other public vehicular area “carelessly and heedlessly in willful or wanton disregard of the rights and safety of others”. It simply means that a driver was operating their vehicle in an unsafe manner or in a dangerous way. Reckless driving also applies to commercial vehicles carrying loads in an unsafe or dangerous manner. Typically, reckless driving is due to speeding, although it may apply to any situation in which a driver endangers others.

Criminal Trespass Charges

Published on: September 17, 2025 | On behalf of Arnold & Smith, PLLC

Criminal Trespass Charges

There is a difference between public and private property. Public property includes spaces that are open for public use, while private property belongs to a person or company. To access someone’s private property, you must be invited by the owner or a representative of the owner. Entering someone else’s property without being invited may be a crime in North Carolina and elsewhere. Private property may include both outdoor and indoor spaces. Trespassing takes on several forms; however, if you are charged with criminal trespass, you will want to seek legal guidance to defend the charges.

First-Degree Trespass

Prescription Fraud Charges in North Carolina

Published on: September 10, 2025 | On behalf of Arnold & Smith, PLLC

Prescription Fraud Charges in North Carolina

There are thousands of types of medications that are designed for a multitude of ailments. Doctors prescribe medications that are not available over the counter. These prescription medications are supposed to be used to treat specific ailments and for a defined period of time. Unfortunately, many prescription medications can be addictive, and patients may want to continue taking the drugs even after their initial medical problem has been resolved. Laws are in place to prevent prescription fraud. If you have been charged with prescription fraud you will want to consult with an experienced criminal defense attorney as soon as possible.

What is Prescription Fraud?