Articles Tagged with self-defense

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.

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.

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.

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 28th, 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.