Articles Posted in Guns/Firearms

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

The U.S. Constitution and amendments provide citizens with the right to bear arms. Although you generally have the right to own a gun, there are many federal and state laws that govern gun ownership. You must abide by these laws or you could face charges or have your gun taken away. A person could face gun charges alone or associated with another crime. For instance, someone might be charged with using a weapon while committing a crime. Gun charges may be misdemeanors or felonies, depending on the specific circumstances. If you are charged with a gun crime it is advisable to seek legal guidance from a criminal defense attorney.

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

For millions of American citizens, owning a concealed carry weapon provides a measure of unparalleled security. However, if an individual is charged with a criminal offense and is found to be in possession of a concealed carry weapon that is not properly permitted, it can create a challenge to that person’s criminal defense team. Read on for what North Carolina residents should know about concealed carry weapons and criminal defense in their state.

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 death. Recently, the defendants in several high profile cases have asserted self defense claims in court. Self defense is a defense that asserts that you acted in response to something that could have caused you severe injury or death. Your act therefore was a way to prevent yourself from being killed. If you are accused of a serious crime, it is critical to talk to an experienced criminal defense attorney as soon as possible.

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

For millions of Americans, the right to own and operate a firearm, as established under the Second Amendment of the United States Constitution, is not something to be taken lightly. That is why, as any experienced criminal defense attorney could point out, there are over 18 million concealed weapon permits issued in the United States.

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

The Second Amendment of the United States Constitution states that citizens have the right to bear arms. While the right to purchase and own guns is a federal right and one of the tenets of our government and society, any experienced criminal defense attorney will point out that it is important to understand your individual state laws regarding gun control.

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 and its inhabitants. When intruders try to invade our space and threaten us with personal injury or worse, we are sometimes forced to respond to the threat. However, what does the law in North Carolina say about our choice of defense?

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

While your right to carry firearms is protected under the federal constitution, depending on the circumstances you can still be arrested for carrying a gun in North Carolina. In fact, you can be arrested for having a gun without a permit during a traffic stop in North Carolina. This recently happened to a North Carolina woman traveling through New York. According to the Buffalo News, a woman was arrested for having a gun without a permit. Police officers arrested the woman during a traffic stop in Lackawanna. The 21-year-old was a passenger in a vehicle that was stopped by police for a traffic violation. She was charged with fourth-degree criminal possession of a weapon.

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

Shootings and unlawful possession of firearms have spiked in Charlotte despite the COVID-19 pandemic and stay-at-home orders. Police department officials in Charlotte are urging the public to stay safe because it appears that the pandemic did not affect violent crime in the city.

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

The U.S. and North Carolina Constitutions protect your right to bear arms. However, that right does not extend to carrying a gun wherever or whenever you wish. There are instances in which you may openly carry a firearm, but North Carolina requires you to have a permit for concealed carry.

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

The Second Amendment to the United States Constitution gives citizens the right to bear arms. This is not to say that a person is lawfully permitted to carry a weapon at all times or own any type of weapon that he or she wants. There are rules and regulations that dictate who can possess a firearm, what types of firearms are permitted, and when and where those weapons can be carried. What happens when a person with lawful possession of a gun is stopped by the police during a routine traffic stop? This is a complex issue and it depends on the situation and context of the police encounter. Different situations and circumstances often lead to different reactions.

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