self-defense

What is Self Defense?

Published on: October 18, 2023 | On behalf of Arnold & Smith, PLLC

What is Self Defense?

When you are faced with danger, you want to defend yourself. When you end up seriously hurting or killing the other person as a result, you might be charged with a crime. You may defend the charges with a claim of self-defense. Self-defense is an affirmative defense to a crime. In other words, you do not dispute that the situation occurred, but it happened because you were defending yourself or your property. However, you cannot claim self-defense in every situation. The law provides for the use of force under specific circumstances.

When Can You Use Force?

Defending Against Assault and Battery Charges in North Carolina

Published on: July 13, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “A past conviction is keeping me from finding work. What can I do?”

Defending Against Assault and Battery Charges in North Carolina

Is Self Defense a Valid Defense of a Crime?

Published on: February 9, 2022 | 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 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.

Can I Fight Disorderly Conduct Charges?

Published on: November 3, 2021 | On behalf of Arnold & Smith, PLLC

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

A charge of disorderly conduct is typically a misdemeanor crime that may encompass a variety of actions. The police often may charge disorderly conduct along with other charges in a case. While disorderly conduct may seem like a minor crime, it can still cause you problems and can stay on your record. When you are charged with disorderly conduct you may get released immediately or may be held until your first hearing. You will want to fight disorderly conduct charges with the help of an experienced criminal defense attorney,

Self Defense Laws in North Carolina: A Resource for Residents

Published on: July 21, 2021 | On behalf of Arnold & Smith, PLLC

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?

Is Self-Defense Considered Assault in North Carolina?

Published on: January 27, 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?”

Many North Carolinians mistakenly believe that they have a right to self-defense any time they are attacked or provoked by another individual. While self-defense can be justifiable under certain circumstances, “defending” yourself could still be considered assault 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.

Self-Defense, Intent, and Duty to Retreat in North Carolina

Published on: January 2, 2019 | On behalf of Arnold & Smith, PLLC

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

Being in a situation fearing for your life and/or safety is not a place many people want to be. Anyone who has been in that situation will tell you about the fear and stress that is caused. Everyone reacts to an emergency situation differently, but one of the most common responses is to defend yourself. In the event that criminal charges are brought against someone who was protecting him or herself from a dangerous situation, one would think using the defense of self defense in court would be a given. However, self-defense includes many other issues and each case must be looked at independently.

Defenses to Criminal Domestic Violence Charges

Published on: May 2, 2018 | 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?”

North Carolina prosecutors vigorously prosecute domestic violence cases. This strict approach is in response to the general public’s feeling that abuse among partners is heinous and should not be acceptable. As such, a defendant facing a criminal domestic violence charge needs to be equipped with the best defenses possible. The following are common defenses used in domestic violence cases.

Self-defense argument ineffective as former Raleigh teacher is found guilty of first-degree murder

Published on: October 8, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”

Joanna Madonna was found guilty of first-degree murder on Monday, September 28^th, in what had been a highly publicized trial in the North Carolina capital. The former Wake County schoolteacher and 48-year-old mother was sentenced to life in prison for the Father’s Day murder of her husband Jose Perez. Madonna was convicted of first-degree murder, which means the jury found that Madonna acted maliciously and with premeditation. The jury found that Madonna took her husband, who was a recovering alcoholic with serious health issues, on a drive through northern Wake County, shot and stabbed him, and left him to die in a ditch.