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Category Archives: Criminal Defense Lawyer Raleigh

North Carolina Lawyer: Punishment Solicitation

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 [...]

North Carolina Criminal Lawyer: The Crime of Suicide

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. [...]

Keeping Quiet: Protect Your Rights

One of the best things you can do when arrested – in addition to calling a top criminal lawyer Raleigh – is to keep your mouth shut. If the police ask you a question, be polite and respectful, but decline to answer.
I’ve talked about this a lot on this website before, but even if you [...]

North Carolina Criminal Lawyer: First Degree Murder

North Carolina has a very traditional conception of first degree murder. First degree murder was historically murder that required malice aforethought and premeditation, that was evidenced by poisoning, lying in wait etc.
In addition, First Degree Murder can be proved if someone, in the course of committing another violent felony – such as robbery or [...]

North Carolina Criminal Lawyer: Sexual Battery

Sexual Battery is one of the harshest misdemeanors on the books in North Carolina. It involves sexual contact done for the purpose of sexual arousal or sexual gratification. The reason why it’s so harsh is because the defendant, if convicted, will need to register as a sex offender.
Here’s the statute:
§ 14-27.5A. Sexual battery.
(a) [...]

North Carolina Criminal Lawyer: Malicious Acid

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 [...]

Greg Taylor & the Innocence Commission

Greg Taylor was convicted in 1993 of killing Jacquetta Thomas in 1991. Now, 17 years after his conviction, his case has gone before a three panel court in Raleigh, convened after the North Carolina Innocence Commission found evidence suggesting that Taylor is innocent of the crime.
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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 [...]

The high cost of imprisoning drug crime offenders

Missouri Chief Justice William Price recently called into question his state’s drug crime policy. Missouri, like North Carolina and all other states, focuses predominately on incarceration and prison to fight the drug war, rather than on treatment and job skills training.
As a result:
“The problem is that we are following a broken strategy [...]