It is a Class E felony if you, with malice aforethought, throw or cause to be thrown upon another person any acids or alkalis.
Here’s the statute:
§ 14-30.1. Malicious throwing of corrosive acid or alkali.
If any person shall, of malice aforethought, knowingly and willfully throw or cause to be thrown upon another person any corrosive acid [...]
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Category Archives: Apex Criminal Lawyer
North Carolina Criminal Lawyer: Malicious Acid
Miranda Usually Doesn’t Apply in Raleigh Criminal Cases
If you watch police shows on television, often police will forget to read the defendant his rights. Then the lawyers in the show will argue that his “Miranda rights” were violated and he should be let go.
In the real world, defendants rarely benefit from the protections in Miranda. That’s because police usually do read [...]
Obtaining Property by False Pretenses – OPFP
There are several different forms of theft in North Carolina. Larceny is what most people think of as theft: it is the taking of property that is not yours. Robbery is taking of the property from the actual person.
Embezzlement is taking money that’s been entrusted to you and using it for [...]
North Carolina Criminal Lawyer: Assault Inflicting Serious Bodily Injury
A person who assaults another person and, in doing so, inflicts serious bodily injury will be guilty of a Class F felony. Note that the bodily injury can be mental, if it is severe. “Serious bodily injury” is different from and worse than “serious injury”. Serious bodily injury requires proof of some [...]
Where do I go, what do I wear, what do I do when going to Court at the Wake County Courthouse?
Going to court can be a nerve-wracking experience. You have to go through metal detectors. There are sheriffs deputies all around. Judges in black robes. This is true of courts everywhere, including Raleigh, North Carolina’s Wake County Courthouse.
I prepared this special document for my clients to let them know exactly where to go, where to [...]
Wake County is Fortunate, No Sheriff Joe Arpaio Here
Wake County is fortunate not to have Sheriff Joe Arpaio. I used to live in Maricopa County, Arizona, which is Arizona’s most populous county and also home to Phoenix. Maricopa County is huge, about as large as the entire state of New Hampshire.
In the “incorporated” areas – Phoenix, Tempe, Glendale, Scottsdale, Mesa and so on [...]
DWI Stops in Raleigh, Cary and Apex: Phase II Detection
I’ve talked previously about how police officers need to have a reasonable articulable suspicion that a crime is afoot in order to stop a car traveling down North Carolina’s roads – in Raleigh, Cary, Apex, for instance, or in any other part of Wake County.
Assume for a moment that the police officer has a valid [...]
Ways to Challenge a Subpoena
A subpoena is a legal request to either produce a person – for a trial or for a deposition – or to produce documents or other materials to the opposing party so that the other party can have time to examine those documents.
In North Carolina, subpoenas may be issued by an attorney, by a magistrate, [...]
What Constitutes Reasonable Articulable Suspicion to Initiate a DWI Stop?
“Reasonable articulable suspicion” is the standard that an officer must meet in order to stop a vehicle. A officer must have a “reasonable articulable suspicion” that criminal activity is taking place. In this case, that a person is driving while impaired (DWI).
In State v. Battle, the North Carolina Court of Appeals wrote said that a [...]
Criminal Law and the Ubiquity of Video Cameras & Video Cell Phones
Julian Sanchez, a writer for The Cato Institute, has an interesting article on the rise of cell phone cameras in leveling the playing field between police and citizens. While judges will always tell juries not to give police testimony special weight, and instruct jurors to evaluate a police officer’s truthfulness as they would any other [...]
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