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Assault and Battery Charges in North Carolina

Published on: July 3, 2024 | On behalf of Arnold & Smith, PLLC

Assault and Battery Charges in North Carolina

Assault charges are among the most common types of criminal charges in North Carolina. A conviction of assault charges could result in serious penalties that may include jail time, fines, community service, and more. In North Carolina, there are three main types of crimes that are similar. These include assault, battery, and affray. While these are defined as separate crimes, the penalties if found guilty are basically the same.

Assault – Assault in North Carolina law is defined as “an attempt to injure another by use of force or violence, or an act of force or violence that places another person in reasonable fear of immediate bodily harm.” An assault occurs when someone intends to cause harm to another and not by accident.

Should I Fight a Speeding Ticket in Court?

Published on: June 26, 2024 | On behalf of Arnold & Smith, PLLC

Should I Fight a Speeding Ticket in Court?

Almost everyone receives a speeding warning or ticket at some time in their lives. A speeding ticket is not necessarily a big deal, but in some cases, it can have a lasting impact. Generally, you have the option to simply send in a payment for the ticket or request a hearing. If you pay the ticket, you are admitting guilt, and therefore, you will be assessed a number of points on your driver’s license. If you wish to fight a speeding ticket, it is often helpful to seek guidance from an experienced defense attorney.

What are Points and Why Do They Matter?

What Happens If I Refuse to Take a DWI Test?

Published on: June 26, 2024 | On behalf of Arnold & Smith, PLLC

What Happens If I Refuse to Take a DWI Test?

DWI can happen to almost anyone. You had a few drinks at dinner or have been out with friends and feel that you are not drunk. You get behind the wheel, and suddenly, you are stopped by the police. Although you may have been pulled over for a traffic infraction, the police think you might be impaired and ask you to step out of the car. Now you find that you are being asked to perform field sobriety tests and are asked to take a breathalyzer test.

What is a Breathalyzer Test?

Five Things to Know About DWI in North Carolina

Published on: May 8, 2024 | On behalf of Arnold & Smith, PLLC

Five Things to Know About DWI in North Carolina

Driving while impaired, DWI, is a serious offense and if you are convicted, you could face serious penalties. A DWI conviction can limit your ability to get a job or find an apartment and can increase your car insurance rates. If you are facing a DWI you will want to vigorously defend the charges with help from an experienced DWI attorney. Here are five important things to know about DWI in North Carolina.

The Legal Limit is 0.08% BAC

Is Honking Your Horn Legal in North Carolina?

Published on: May 1, 2024 | On behalf of Arnold & Smith, PLLC

Is Honking Your Horn Legal in North Carolina?

Every vehicle has a built-in horn located on the steering wheel. The horn is needed for emergency situations, but sometimes, honking the horn can cause a problem. With the increase in road rage incidents across the country, it has been noted that using a horn can provoke or incite anger and violence. Some states have made it illegal to honk your horn more than once.

The Law Requires a Working Horn

How Can I Beat DUI Charges in North Carolina?

Published on: April 17, 2024 | On behalf of Arnold & Smith, PLLC

How Can I Beat DUI Charges in North Carolina?

DUI, driving under the influence, is a serious charge. In North Carolina, a blood alcohol concentration (BAC) of 0.08% or higher is considered an impairment for adult drivers of passenger vehicles. The limit for commercial vehicle drivers is 0.04%. If you have been charged with DUI, you will want to take steps to vigorously defend yourself. If found guilty, your sentence could include fines, community service, license suspension, confinement, and more. Many people wonder what strategy they can use to beat DUI charges in North Carolina.

Levels of DWI in North Carolina

What You Need to Know About Probation Violations

Published on: April 10, 2024 | On behalf of Arnold & Smith, PLLC

What You Need to Know About Probation Violations

Probation is often included in the sentencing for many varied crimes in North Carolina. Both misdemeanors and felonies may include some form of probation as part of the sentence. When you are placed on probation it means that you must obey the requirements of the court order. If you violate the terms of your probation, it could be revoked, and you might end up in jail. A knowledgeable criminal defense attorney will help you resolve matters of probation violation.

What is Probation?

Consequences of DUI in North Carolina

Published on: March 20, 2024 | On behalf of Arnold & Smith, PLLC

Consequences of DUI in North Carolina

Driving Under the Influence (DUI) is a serious charge and one that can have a negative impact on your future if you are convicted. In North Carolina, drivers aged 21 and over cannot drive with a blood alcohol concentration of 0.08% or higher or while they are impaired by drugs. Punishments for DUI convictions are generally based on the severity of the situation and whether the driver has had previous offenses. Sentences can include fines, incarceration, probation, and a requirement to attend drug or alcohol classes. You may also face a period of suspension of your driver’s license.

DUI Charges and Penalties

Do I Need an Attorney for a First DWI Charge?

Published on: March 13, 2024 | On behalf of Arnold & Smith, PLLC

Do I Need an Attorney for a First DWI Charge?

In North Carolina, the legal limit for a driver age 21 or older is 0.08% BAC. A driver with a blood alcohol concentration of 0.08% or more is considered impaired. If you are stopped by police and the officer thinks you might have been drinking, they will ask you to do some field sobriety tests and may ask you to take a breath test. You could face DWI charges. Driving while impaired, DWI is a serious charge and one that will negatively impact your life if you are found guilty. You will want to consult with an experienced DWI attorney as soon as possible.

https://youtu.be/2YsaLKA4NMo?si=9SJ85ZyLVQ9vrvqK

Can I Appeal a Criminal Conviction in North Carolina?

Published on: March 6, 2024 | On behalf of Arnold & Smith, PLLC

Can I Appeal a Criminal Conviction in North Carolina?

A state criminal conviction may seem like the worst thing that could have happened, but there may be something you can do about it. A criminal conviction does not necessarily mean that your fight to defend yourself is over. In some cases, you may be able to appeal a criminal conviction in North Carolina. It is helpful to know that there are different rules that may apply to appealing a case in federal court.

Reasons to Appeal a State Conviction