Six Defenses if You are Wrongfully Accused of a Crime in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”


Being wrongfully accused of a crime you did not commit is a stressful and life-altering experience. The emotional distress associated with being charged with a crime when you are innocent cannot compare to anything else.

arrested-false-accusations-Charlotte-Mooresville-Monroe-Criminal-defense-lawyer-262x300For most people, being falsely accused of a crime is too overwhelming, which is why it is vital to hire an experienced criminal defense attorney to defend against the charges and put this nonsense behind you as soon as possible.

Here at Arnold & Smith, PLLC, our skilled and results-driven criminal defense attorneys will help you create the most appropriate defense strategy to defend you against the charges if you are wrongfully accused of a crime.


Defense Strategies if You are Wrongfully Accused of a Crime

There are several defense strategies that may help you prove your innocence if you are facing a false accusation of a crime. It is critical to speak with a knowledgeable criminal defense lawyer to discuss possible defenses in your particular case.

  1. Mistaken identity. Often, defendants are falsely accused of a crime they did not commit because others mistake them for someone else. Mistaken identity is not uncommon when innocent people are falsely accused of crimes due to their resemblance to the perpetrator.
  2. Lack of intent. In order to convict you of a crime, the prosecutor may have to prove that you intended to commit the crime. This is a requirement for many types of offenses, including assault, theft, burglary, and others. If you did not commit a crime and the prosecutor fails to prove that you committed a crime with criminal intent, you will most likely not be convicted.
  3. Incorrect or misleading statements. Commonly, people make mistakes when it comes to remembering the details of what happened. If you were arrested or accused of a crime because your accuser made such an error, your lawyer would help you prove that their accusations were incorrect or misleading.
  4. Malicious false accusations. While many wrongful accusations occur due to a mistake, some people intentionally make false accusations. If this was the case, you could sue the person who knowingly and willfully made false accusations.
  5. Police misconduct. If you were accused or arrested for a crime, but the police violated your civil rights during the investigation or arrest, you may be able to avoid criminal charges by demonstrating that you were a victim of police misconduct.
  6. Mental insanity. In North Carolina, mental insanity is recognized as a valid defense applicable to some crimes. The purpose of the defense is to show that the defendant’s mental illness or insanity prevented them from understanding that their actions were wrong or illegal.

Depending on the crime, there may be other defense available to you (e.g., self-defense in assault or murder cases). If you were wrongfully accused of a crime in North Carolina, the worst thing you can do is discuss your case with police officers, witnesses, the accuser, or anyone else without consulting with a criminal defense attorney.

Just because the accusations are false does not necessarily mean that it will be easy to defend yourself. Hire a Charlotte criminal defense lawyer at Arnold & Smith, PLLC, to review your particular case and pick the most appropriate defense strategy to fight the charges. Call our lawyers at Arnold & Smith, PLLC, at (704) 370-2828 to evaluate your options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.







The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.





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