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Articles Posted in self-defense

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What is Self Defense?

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…

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Defending Against Assault and Battery Charges in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “A past conviction is keeping me from finding work. What can I do?”   Defending Against Assault and Battery Charges in North Carolina   Assault and battery charges can be extremely serious. In North Carolina, you could be charged with assault even…

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Is Self Defense a Valid Defense of a Crime?

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?”   A violent incident can happen in a second. When a confrontation occurs, it can result in one or the other party suffering severe injuries or…

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Can I Fight Disorderly Conduct Charges?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   A charge of disorderly conduct is typically a misdemeanor crime that may encompass a variety of actions. The police often may charge disorderly conduct along with other charges in a case. While disorderly…

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Self Defense Laws in North Carolina: A Resource for Residents

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   There is an old saying that goes, “A person’s home is their castle.” This phrase is used to explain the deeply intrinsic motivation we have to protect our property…

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Is Self-Defense Considered Assault in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   Many North Carolinians mistakenly believe that they have a right to self-defense any time they are attacked or provoked by another individual. While self-defense can be justifiable under certain circumstances, “defending”…

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Evidence Used in North Carolina Self Defense Cases

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…

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Self-Defense, Intent, and Duty to Retreat in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Being in a situation fearing for your life and/or safety is not a place many people want to be. Anyone who has been in that situation will tell you…

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Defenses to Criminal Domestic Violence Charges

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 prosecutors vigorously prosecute domestic violence cases. This strict approach is in response to the general public’s feeling that abuse among partners is heinous…

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Self-defense argument ineffective as former Raleigh teacher is found guilty of first-degree murder

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”   Joanna Madonna was found guilty of first-degree murder on Monday, September 28th, in what had been a highly publicized trial in the North Carolina capital. The former Wake…

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