29 April

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2 potential defenses to North Carolina assault charges

There are varying degrees of assault charges in North Carolina, and they all risk significant potential penalties. To secure a conviction for assault, the prosecution needs to show, beyond all reasonable doubt, that the defendant committed bodily harm or made a credible threat to commit bodily harm to another person. There are, however, a number of potential defenses to such charges. The following are two assault defenses that warrant further consideration by many defendants who face assault charges. Self-defense One of the most common defenses to assault charges is self-defense. In a nutshell, a self-defense argument claims that a defendant was acting defensively...

14 April

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How can you make divorce better for your kids?

Posted by Chris Proffitt

in Divorce

Most kids will hate the fact that their parents are divorcing. There may be some who realize it is a good thing, perhaps where one parent was violent toward them or their other parent, but generally, kids will be devastated by the thought of their parents splitting up. Your children will almost certainly get over it with time, but there is a lot you can do to increase the likelihood of that and to reduce the suffering they experience. Here are a few to start with: Be nice about each other You may dislike your soon-to-be ex-spouse right now, but they are still...

08 April

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What legal defenses to assault can you use besides self-defense?

Posted by Chris Proffitt

in assault and battery, blog

Arguing self-defense is one of the most common legal defenses to an assault charge. However, there can be other valid reasons for a physical altercation with another person. Understanding these arguments can make a difference in the outcome of the case, especially when self-defense might not be applicable. Defense of others A person may have the right to attack another to protect someone else who appears to be in danger. Like self-defense, this assertion requires reasonable grounds to show that the defended person was at risk of harm. A defendant must also demonstrate that the applied force was necessary to prevent harm to...

14 March

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5 mistakes to avoid during separation in North Carolina

Posted by Chris Proffitt

in Family Law

In North Carolina, the path to divorce begins with a mandatory separation period of at least a year and a day. Here, separation means more than living in different rooms; it demands residing in entirely different locations. This waiting time, while necessary, can sometimes lead to missteps that could affect the outcome of divorce. Although it may be challenging, staying mindful of your actions is essential to set the stage for a smoother divorce process. Rushing into a new relationship It is natural to want someone to lean on during such a difficult time. However, engaging in new, intimate relationships with someone other...

07 March

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Cocaine offenses: How does North Carolina law treat offenders?

Posted by Chris Proffitt

in Drug Charges

Although some cultures use the substance as an anesthetic, cocaine is more infamous for its use as an illegal party drug in the United States. Cocaine induces an intense feeling of euphoria but can be addiction-forming. It also raises the risk of stroke, heart attack and sudden cardiac death in users. North Carolina treats the possession and distribution of cocaine as a serious drug offense. If you’re caught with any amount of the substance, expect to face a litany of penalties. Possession charges Possession of cocaine, even in small amounts, is a punishable offense in North Carolina. Possession of less than half an...

29 February

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Absolute divorce vs. divorce from bed and board

Posted by Chris Proffitt

in Divorce

Separating from or divorcing a former spouse can be overwhelming and draining. There are requirements, paperwork to submit and big decisions to make. It is also essential to consider that not all states have the same divorce laws. For instance, when it comes to divorce and separation, North Carolina laws use the terms absolute divorce and divorce of bed and board. What is an absolute divorce? An absolute divorce ultimately terminates the marriage bond, and couples can file for this type of divorce on the grounds of being separated for a year (or longer) or the other spouse has incurable insanity, and...

13 February

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How aggravating and mitigating circumstances can affect your DWI case

Posted by Chris Proffitt

in DWI/DUI

A criminal charge for driving while intoxicated (DWI) can lead to penalties such as jail time, fines and even the suspension of your driver’s license. But did you know that certain factors surrounding your case can affect the severity of these penalties? When facing a DWI charge in North Carolina, the specific details of your situation can heavily influence the outcome of your case. Recognizing the role of aggravating and mitigating circumstances can help you understand the potential ramifications of your charge. Aggravating circumstances Aggravating factors are elements of your case that can lead to harsher penalties. According to state law, aggravating factors...

10 February

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Is child support in North Carolina a flat fee?

Posted by Chris Proffitt

in Family Law

Child support is an important aspect of family law. It is one way to ensure that children receive financial support from both parents, even after the parents’ separation or divorce. In North Carolina, determining child support involves various factors but is not a flat fee. Calculation methodology Guidelines established by state law determine child support amounts. These guidelines consider factors such as the income of both parents, the number of children requiring support and any special needs or circumstances. Income shares model North Carolina uses an “income shares” model to determine child support payments. This model takes into account the income of both parents to...

29 January

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The legal consequences of pointing a gun in North Carolina

Posted by Chris Proffitt

in Criminal Law

Many individuals legally carry weapons for protection. However, even those with a legal carry permit must be aware that certain actions can cross legal boundaries and potentially result in criminal charges. For instance, in North Carolina, it is a crime to point a gun at someone, whether it is done in jest or not. This is not the only action that the state could consider a crime. Displaying a firearm in a threatening manner in public can also lead to severe penalties, which include fines and jail time. Directing a firearm at a person is a crime Pointing a firearm at another individual,...

18 January

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Understanding shoplifting laws in North Carolina

Posted by Chris Proffitt

in criminal defense, Criminal Law

While shoplifting is a common form of theft, North Carolina treats the offense with considerable seriousness. Apart from the fines and jail time, a shoplifting charge can have a severe, lasting impact on a person’s life, regardless of the value of the goods stolen. Whether you’re a first-time offender or someone who’s been through the system before, knowing the laws and potential penalties for shoplifting is crucial. What constitutes shoplifting? In North Carolina, shoplifting offenses can be prosecuted under two laws: the state’s larceny law or the rules for concealment of merchandise. Generally speaking, the following actions are shopping offenses according to the laws: Concealing...

Author: Chris Proffitt