assault with a deadly weapon

What are Misdemeanor Charges in North Carolina?

Published on: December 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?”

In North Carolina, as in other states, there are two main categories of crimes that include misdemeanors and felonies. Although you might be charged with a misdemeanor, it does not mean you should not take the charges seriously. Even misdemeanor convictions result in severe punishments and could negatively impact your life for many years. If you are charged with a crime, regardless of the classification, it is usually in your best interest to seek guidance from a qualified criminal defense attorney in North Carolina. Your attorney will protect your rights and strongly defend the charges.

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.

How an Apology can be Perceived as Confession and Lead to Criminal Charges

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

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

They say it is better to apologize late than never. However, the same principle does not apply when you are being accused of a crime, especially if you did not commit one.

Armed Robbery Charges in Charlotte, North Carolina

Published on: October 23, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

An arrest for robbery entails serious felony charges in North Carolina. Those arrested for robbery risk losing their freedom and getting a criminal record with permanent negative consequences for their career, reputation, and quality of life.

Assault With a Deadly Weapon in Charlotte, North Carolina

Published on: September 25, 2019 | On behalf of Arnold & Smith, PLLC

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

A man was arrested in Charlotte and charged with one count of assault with a deadly weapon, but what does it mean in North Carolina?

Evidence Used in North Carolina Self Defense Cases

Published on: February 20, 2019 | On behalf of Arnold & Smith, PLLC

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 actually the aggressor or initiated the conflict that resulted in the need for defense of person, family, or home. In order to prove this, evidence needs to be presented that shows the victim was the one who initiated the conflict. In State v. Bass, the North Carolina Supreme Court stipulated types of evidence that are not permissible in self defense cases to prove provocation.

What Crimes Are Eligible Under New North Carolina Expungement Law?

Published on: November 1, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

We have previously discussed a new law that takes effect in North Carolina on December 1, 2017. The measure deals with expungements and aims to streamline the process, making everything easier and faster for those looking to clean their record. Though we have discussed the existence of the new law and what it hopes to achieve, we have not yet spent time delving into details about the kinds of crimes that are eligible under the new expungement law. For more information about that, keep reading.

2013 Ride Malfunction AT N.C. State Fair Leads To Criminal Sentence

Published on: March 1, 2016 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “What are the long term effects of being convicted of a crime?”

Several years ago an incident at the North Carolina State Fair grabbed headlines here and across the country after an amusement park ride malfunctioned, sending riders flying into the air and resulting in life-threatening injuries. It’s taken two and half years of investigating by law enforcement officials and prosecutors, but the incident has finally led to jail time, at least for one person.

Jury clears officer who shot and killed unarmed backseat passenger during traffic stop

Published on: January 7, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I have an outstanding warrant, what should I do?”

The “Hands up, don’t shoot!” moniker is all the rage in the United States, with prominent professional athletes in the National Basketball Association and National Football League, as well as well-known celebrities, politicians, political pundits and media figures adopting the meme—some displaying the same on tee shirts proclaiming the phrase.

Long before the rage—before Michael Brown was shot to death by Officer Darren Wilson in Ferguson, Missouri, and before New Yorker Eric Garner died after being wrestled to the ground by a small team of New York City police officers—an unarmed backseat passenger in Billings, Montana was shot to death for failing to raise his hands during what began as a simple traffic stop.

Officer Grant Morrison said that on the night of April 14, 2014 he saw a car “turn quickly and decided to follow it.” After following it, Morrison said, he pulled the car over because of a “light violation.” Richard Ramirez was a passenger in the car.

Morrison testified at a hearing that after pulling the car over, he noticed that the back right passenger was pushing against the door. Morrison ordered all of the car’s occupants to raise their hands, but the 38-year-old Ramirez kept fumbling for something in his pocket.

Jury convicts man who pled “stand your ground” defense

Published on: December 17, 2014 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”

A 30-year-old Montana man has been convicted of deliberate homicide in the April 27, 2014 shooting death of a German foreign-exchange student.

The man, Markus Kaarma of Missoula, Montana, found 17-year-old Diren Dede in his garage after Dede triggered motion sensors. Witnesses testified at Kaarma’s trial that the man fired four shotgun blasts at Dede. Prosecutors argued at trial that Kaarma paused before taking the fourth shot, allegedly adjusting his aim before firing a blast into Dede’s head. Dede was unarmed at the time.

Kaarma’s neighbors testified that the man was disappointed by the response of local police to previous break-ins at his home. His girlfriend, Janelle Pflager, allegedly told neighbors that Kaarma set out to bait an intruder and catch one himself. Prosecutors argued that Kaarma wanted to do more than catch a burglar; they said he was intent on “luring an intruder into his garage” in order to harm the person. On the night of Dede’s shooting, Kaarma had left the garage door partially open with a purse visible inside.

Kaarma argued at trial that he feared for his life and could not tell whether the intruder was armed or not at the time he fired the shot. His lawyers also pointed out that Kaarma had been on edge after his garage was burglarized at least once in the weeks before the shooting.