29 March

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Assault and battery in North Carolina may lead to prison time

Assault and battery are often lumped together when an individual is charged with a crime, but they are two separate legal terms. In some states, assault and battery are two separate charges and in other states they are lumped together into a single charge. In North Carolina, there are three different types of misdemeanor assault and battery charges with which an individual can be charged. Assault is typically defined as the act of threatening or attempting to harm another individual. Most states require that the act be willful in order to for it to be considered assault. Dangerous behavior is considered...

12 March

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Tougher policing leads to surge in young arrests

Posted by Chris Proffitt

in criminal defense

A study released recently by the RAND Corporation reveals that the number of young people arrested has surged in recent years, and the researchers behind the study say that more aggressive techniques adopted by law enforcement agencies in North Carolina and around the country are largely responsible. The nonprofit think tank observed a rise in arrests among all demographic groups over the last three decades with particularly steep increases among women and white men. After studying data on thousands of families compiled by the Panel Study of Income Dynamics over several decades, the researchers concluded that an American currently between...

26 February

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Study finds opioids linked with some 2-car crashes

Posted by Chris Proffitt

in car accidents

Drivers who caused deadly two-vehicle accidents in North Carolina and around the country were much more likely to test positive for opioid prescription painkillers than drivers who did not cause the crash, according to a study. The research was published in JAMA Network Open in February. For the study, researchers examined crash data from 18,321 fatal two-vehicle accidents in the Fatality Analysis Reporting System, which is compiled by a division of the National Highway Traffic Safety Administration. They found that “failure to keep in lane” was the most common cause of the accidents, accounting for 7,535 of the crashes studied....

13 February

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Why embezzlement is more frequent at small businesses

Posted by Chris Proffitt

in criminal defense, White Collar Crimes

Embezzlement can rock a company to its core. Often, the largest sums of money stolen from companies are taken by those in positions of authority. When a company loses money at the hands of its leaders, not only are investors and board members affected but rank-and-file employees quickly lose faith in the company as well. The effect can be much more traumatizing at a small company. That’s why a recent study was so shocking: It found that more than 80 percent of embezzlement thefts occurred at companies with fewer than 150 employees, and nearly 50 percent occurred at companies with fewer...

12 February

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Drug trafficking convictions come with hefty sentences

Posted by Chris Proffitt

in drug trafficking

The effect of a drug trafficking conviction can be particularly significant for people in North Carolina. It may not be immediately clear where the line is drawn between possession, distribution and trafficking charges. While some may think that people need to be involved in moving massive quantities of drugs or cross-border smuggling to face trafficking charges, this is not necessarily the case. Trafficking charges can relate to all types of controlled substances, from marijuana to synthetic cannabinoid products to MDMA, methamphetamine or cocaine. People convicted of drug trafficking are not sentenced using North Carolina’s regular grid. Instead, they face higher, expanded...

30 January

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Riskier ways of using phones raise driver distraction levels

Posted by Chris Proffitt

in car accidents

Distracted driving is a widespread issue in North Carolina, and phone use is one of the largest factors. However, some ways of using a handheld phone are riskier than others. The Insurance Institute for Highway Safety just released a study comparing observational survey data from 2014 and 2018. It found that while distracted driving rates have not drastically changed, the level of distraction is getting worse. The observational surveys focused on drivers in four Northern Virginia communities as they approached or stopped at red lights. Drivers were 57 percent more likely to use their phones for activities besides talking such...

15 January

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Most cases tried in America involve misdemeanors

Posted by Chris Proffitt

in criminal defense

According to data from the FBI, cases involving misdemeanor charges account for 80 percent of criminal dockets in America. There are about 13 million misdemeanor cases annually in North Carolina and throughout the country. Such a large caseload may result in individuals not getting the outcomes that they may deserve. This is because public defenders may lack the time and other resources to give a defendant the zealous defense to which he or she is entitled. There tends to be a racial element at play when it comes to how cases are resolved. White Americans charged with a misdemeanor are 75...

03 January

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Some truck drivers dangerously fighting fatigue with stimulants

Posted by Chris Proffitt

in personal injury

Because of the massive weight of trucks, victims of accidents involving these vehicles in North Carolina are often drivers of smaller vehicles, pedestrians, cyclists or other individuals who may be in the path of a collision. An increasing number of drivers are on long hauls at all hours of the day and night. This in and of itself presents possible hazard risks. An added danger is driver fatigue related to efforts to meet tight deadlines and delivery obligations. According to available statistics, it’s long-haul trips of 51 miles or more that account for the bulk of trucking accidents. The risk of...

21 December

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Several North Carolina residents sentenced in heroin ring

Posted by Chris Proffitt

in drug trafficking

On December 17, several North Carolina residents were sentenced for their participation in a heroin and marijuana ring operating out of Craven County. The defendants were arrested following a multi-year investigation by federal, state and local authorities. According to the United States Attorney’s Office, the investigation focused on a drug trafficking ring run by two New Bern men, ages 34 and 36. The men had apparently been ordering large amounts of heroin from New York and having is transported down to North Carolina for several years. The heroin was then distributed for sale to multiple mid- and low-level drug dealers in...

17 December

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How can underage drinking affect your child?

Posted by Chris Proffitt

in criminal defense, DWI/DUI

North Carolina is strict on underage drinking compared to some states. If your child is charged with underage drinking, you may be wondering what could happen and how might it affect your child’s future. You don’t want one mistake to ruin your child’s future. Here are a few facts you should know about underage drinking: The law. No one under 21 years of age can possess, purchase or attempt to purchase alcohol. Violations are a class 1 misdemeanor. The Department of Motor Vehicles can revoke someone’s driver’s license, if convicted. Prosecutors may increase possession charges to a class 3 misdemeanor...

Author: Chris Proffitt