criminal act

Manslaughter Charges in North Carolina

Published on: December 1, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”

Manslaughter charges occur when someone dies due to the negligence of someone else. If you are charged with manslaughter you are facing severe consequences if you are found guilty. Manslaughter is different from murder because of the state of mind of the defendant at the time of commission of the crime. Murder shows intent, malice, or aforethought or extreme disregard for human life. When a person is killed without specific intent to murder, the likely charge will be manslaughter. Because manslaughter charges are considered serious, you will want to fight the case with help from an experienced criminal defense attorney in North Carolina.

Criminal Implications of Charlottesville Car Attack

Published on: August 16, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “How is getting charged with a crime on a college campus different from being charged off campus?”

The incident over the weekend in Charlottesville, VA where neo-Nazis and white supremacists gathered to protest the removal of Confederate statues resulted in the tragic death of a young woman. According to authorities, the woman was a counter protestor and was standing on a street corner with others shouting down the assembled white supremacists. James Alex Fields, Jr. is said to have driven his vehicle onto the sidewalk, striking several counter protestors and killing one.

New Iowa Forfeiture Law Doesn’t Go Far Enough

Published on: May 31, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?”

It’s something relatively few people have experienced (thankfully), but if and when you do, the practice likely comes as a terrible surprise. Police, unbeknownst to many, have the right in many states to stop people and seize assets they believe might have some connection to a criminal act. These seizures can take place without first convicting a person of committing a crime and, in some cases, even without ever charging the person with a crime. The practice likely seems shocking given that it appears to run counter to one of the foundational ideas of the American criminal justice system: that all people should be treated as innocent until proven guilty.

Georgia Court Says Recording “Upskirt” Videos Not A Crime

Published on: August 11, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “I was found not guilty of a charge, buy my record still shows the charge. What is going on?”

Most people would instinctively assume that secretly recording a woman wearing a skirt from below would qualify as some kind of crime. The act is undoubtedly inappropriate, disturbing and invasive. Though these things would appear to indicate criminal activity, a recent appeals court in Georgia confirmed that, at least in that state, taking such “upskirt” videos is not illegal.

Is Genuine Need Ever Justification For Committing Crime? In Italy, Maybe So

Published on: May 17, 2016 | On behalf of Arnold & Smith, PLLC

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 man in Italy found himself in the odd situation of having a conviction overturned not because he didn’t do the crime, but because the court decided he shouldn’t have been punished for it in the first place. The case, oddly similar to the storyline of “Les Miserables”, has garnered substantial attention both in Italy and abroad, with experts debating whether the appellate court was right to throw out the conviction.