In North Carolina, crimes are classified as felonies or misdemeanors depending on their seriousness. Misdemeanors are less serious offenses than felonies. Misdemeanors by Class Misdemeanor offenses in North Carolina are categorized into four categories, with Class A1 being the most serious and Class 3 being the least serious. The maximum penalties and instances of crimes for each class are listed below. Class A1 Examples of Class A1 misdemeanors include: •child abuse •sexual battery •stalking Class A1 misdemeanors carry a maximum sentence of 150 days in jail and a fine [...]

A man who was accused of spiking his wife’s drink with methamphetamines has been found not guilty. According to the District Attorney’s Office, Michael Kirkum was found not guilty of possession with intent to deliver methamphetamines, delivery of methamphetamines, distribution of a food containing a controlled substance and misdemeanor child abuse by a New Hanover County jury last week. The state dismissed a child abuse charge and a resisting a public officer charge. Source: https://www.wect.com/2022/06/21/man-accused-spiking-wifes-drink-with-meth-found-not-guilty/    

One of the most serious traffic offenses that a driver can be charged with in NC is passing a stopped school bus. Many people are not aware that NC General Statutes allow a driver to be charged even if a law enforcement officer does not personally observe the violation. School buses are equipped with recording equipment on both the inside and outside of the bus. The law requires a driver passing a stopped school bus with red lights flashing or stop sign deployed, to stop and not pass the vehicle [...]

What happens when a person conceals merchandise in a store, but does not leave? The difference is Shoplifting or Larceny. Shoplifting is charged when a person takes merchandise, and conceals the merchandise from view. This could be done by hiding the item under clothes or being placed inside a bag. The important thing to remember is that this offense occurs as soon as the item is concealed. The person charged with shoplifting does not have to leave the store or go past the line of cash registers. Once the person [...]

Shut up a. Alcohol is released from the breath. The more you talk, the stronger the smell b. Control the factors you can: Breath & Speech Don’t move a. Field Sobriety Test: should you refuse? Probably i. Always refuse HGN: subjective, partially inadmissible=unreliable, ii. 1 Leg Stand: hold one leg up for approx. 30 seconds, hands at sides iii. Walk & Turn: very difficult, even without alcohol in system iv. Alco-Sensor: portable breath test on the roadside, number not admissible Delay a. Alcohol dissipates from your system at approx. [...]

A schedule 2 drug is one that the State of N.C. believes has a high potential for abuse; currently accepted medical use in the United States, or currently accepted medical use with severe restrictions; and the abuse of the substance may lead to severe psychic or physical dependence. The most common form of Schedule 1 drugs is Heroin. Possession of Sch. 1 drugs are punished as an I felony.  Sale of Sch. 1 is punished as a Class G felony. If you are charged with possession or sale of Schedule 1 [...]

A felony is any crime punishable by more than a year incarceration or more than a $1000 fine.  If you find yourself charged with such a crime, your life could be changed forever.  Beyond the jail time or high fine, a felony conviction can restrict you from many of the rights enjoyed by non-felons such as owning firearms and voting. If you find yourself charged with a felony, how do you pick an attorney to represent you?  First, be sure to pick an attorney who focuses on criminal defense.  There [...]

A Domestic Violence Protective Order (DVPO) or 50-B Order is a civil order preventing a current or former member of a domestic or co-habitant relationship from contacting the other party.  The basis for issuing such an order is that one of the party’s poses a serious threat to the other party and requires such an order to prevent imminent death or serious bodily injury. The process begins when the complaining party goes to the local magistrate or clerk of court and fills out an application for an Ex Parte - [...]

North Carolina General Statute 14-33(c)(2), Assault On A Female is defined as an assault by a male, over the age of 18 years of age and commits an unwanted touching on a female. This crime can ONLY be committed by a male against a female. This crime is punished as a Class A1 Misdemeanor, the highest level of Misdemeanor (punishable by up to 150 days incarceration). If a female assaults a male under the same circumstances, she will be charged with Simple Assault. This crime is punished as a Class [...]

A N.C. man was recently charged with hitting his girlfriend in the head with a television.  Among others, he was charged with Assault With A Deadly Weapon Inflicting Serious Injury.  What about Battery? Can a television be a deadly weapon? First, a deadly weapon does not have to be an object that is inherently dangerous like a gun or knife. A deadly weapon can be any object that is used or has has the potential to cause serious injury. Second, North Carolina does not have a Battery statute. The North [...]