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 [...]
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Tag Archive: Criminal Lawyer Raleigh
North Carolina Lawyer: Punishment Solicitation
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. [...]
North Carolina Criminal Lawyer: Violent Habitual Felon
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, [...]
When the Prosecutor Controls the Calendar
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”…
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 [...]
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 Problem with Bail in the U.S. and Raleigh, NC
National Public Radio (NPR) has a great series on the problem of bail in the United States. The United States is one of the only industrialized countries that as a bail bond system. This is a system whereby private people – bail bondsman – serve as, in effect, policemen on behalf of the [...]
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