Someone who assaults – either does hit or touch or puts someone in imminent fear of being hit or touched – another person with the intent to kill or inflicting serious injury will be guilty of a Class E felony.
These crimes are usually abbreviated as AWDWISI or AWDWIK.
Here is the state:
§ 14-32. Felonious assault with [...]
North Carolina criminalizes sexual acts between people, even where there is consent, if one person is in a position of power over the other person. For instance, if a victim is a minor in a household of an adult, and the adult has consensual sex with the minor, it may be a Class E [...]
At common law and historically, an accessory before the fact – someone who had the requisite intent and provide some kind of assistance or encouragement in the commission of a crime – was punished less harshly than the principal – the person who actually committed the crime.
So if I helped you get the code to [...]
In North Carolina, you have the right to refuse to take a breathalyzer test. In fact, the person administering the test – the police officer himself or the breathalyzer technician – is required to provide you with a written explanation of your rights.
If you are able to have someone – including an attorney – [...]
Be careful if you ever try to put out the eye of another person. It’s a Class C felony in North Carolina, although it must be malicious. Accidental maimings don’t count under this statute.
Here’s the statute:
§ 14-30. Malicious maiming.
If any person shall, of malice aforethought, unlawfully cut out or disable the tongue or put [...]
Can you profit from your crime in North Carolina? What happens if you commit a crime, and then attempt to profit from it either from collecting on life insurance – for instance, you’ve killed someone and want to collect on the insurance or inheritance – or indirectly.
North Carolina, like all states, prevents people from both [...]
Solicitation is generally the act of trying to encourage another to commit a crime, either on your behalf or for another purpose. In North Carolina, Solicitation is usually punished under structured sentencing with a sentence one class below the class of the crime.
For instance, if the crime itself is a Class C [...]
Historically, suicide – if unsuccessful – was punishable as a crime. Actually, in Europe, a person who committed suicide could be “punished” by being denied a burial in a typical cemetery and by having at least some of his property go to the King.
At common law, in North Carolina, suicide remained a crime. [...]
North Carolina has a number of habitual offender statutes. I’ve written about the habitual felon statute. In addition, there’s a habitual violent felon statute.
This statute operates as a sentencing enhancement to violent felonies. If someone has been convicted of 1 previous violent felony, and is now facing a second violent felony charge, [...]
There’s legal theory, and then there’s legal practice. The two are not the same. Not too long ago I sat through two classes on criminal procedure – your standard 4th, 5th and 6th amendment class on rights against illegal searches and to an attorney before trial and a class affectionately known as “Bail to Jail”…
