27 April

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Are assault and battery different crimes in North Carolina?

Most of us have seen a crime show where the police arrest a person and say that they are charging him with “assault and battery.” However, even though assault and battery is a very common turn of phrase, many people do not know what assault and battery consist of. Did you know that in some states “assault” and “battery” are two completely separate crimes? The reality is that what “assault and battery” actually is depends on the state that you are in. In the state of North Carolina, assault and battery are not separate crimes. Rather, assault and battery is a...

14 April

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Tragic accident kills two in Johnston County

Posted by Chris Proffitt

in car accidents

Car accidents can have substantial effects on victims and their families. Property damage, insurance trouble and physical injuries can take their toll and cause ongoing problems. Perhaps the most tragic outcome of a car accident is when victims suffer life-altering or fatal injuries. An investigation may provide insight into the circumstances leading up to a collision to bring closure to the victims’ families. Mother and child deceased For one North Carolina family, a recent car accident resulted in the deaths of two of their loved ones. The collision happened in Johnston County during daylight hours. Reports suggested that a dump truck collided with...

08 April

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Is the poor health of truck drivers putting you at risk?

Posted by Chris Proffitt

in car accidents

Tractor-trailers are common on roadways in Asheville and around North Carolina. When approaching or passing one, you must respect the driver’s blind spots. After all, the sheer size of commercial vehicles, which may weigh as much as 80,000 pounds, often makes them deadly in collisions with ordinary cars. Professional truck drivers receive comprehensive training and must carry a special driver’s license. While you may be able to trust truckers to obey the rules of the road, their poor health may put your life in jeopardy. Smoking Even though many truck drivers are perfectly healthy, others have habits that may make them unsafe. According...

02 April

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Study uncovers drug conviction consequences after prison

Posted by Chris Proffitt

in Drug Charges, drug trafficking

A felony conviction can trigger a wide range of federal, state and local restrictions and sanctions that may or may not have anything to do with the actual offense. Many people believe these collateral consequences are not only unnecessary but also harmful to those who have completed their prison sentence and want to re-enter society. The North Carolina Sentencing and Policy Advisory Commission has studied how these indirect penalties have affected those in the state who have criminal convictions on their record. Employment Having a criminal record that anyone can view may be one of the most obstructing of consequences. One study showed...

16 March

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Simple assault vs. aggravated assault

Posted by Chris Proffitt

in assault and battery

If you are facing assault charges, you need to examine the unique aspects of your case. The penalties for assault vary from one situation to the next, depending on a number of factors (such as the extent of a victim’s injury and whether one used weapons). Moreover, it is important to understand key terms, such as aggravated assault and simple assault. Sometimes, assault cases involve major injuries that threaten one’s life, while other assault cases do not involve any bodily harm whatsoever. Unfortunately, some people find themselves wrongly accused of assault even though they were trying to protect themselves from an...

28 February

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Vet charged with embezzlement receives probation

Posted by Chris Proffitt

in criminal defense, White Collar Crimes

An individual who obtained money or services through alleged false pretenses may face an embezzlement charge. A false statement of fact regarding a past, present or future event could result in a felony charge, according to the North Carolina General Assembly. An embezzlement charge generally does not require proof that a defendant violated a position of trust such as employment. He or she may, for example, have provided details of hardship that caused an organization to provide a benefit based on events that did not actually occur. Conviction requires proof of false statement and intent to defraud A prosecutor must provide evidence showing...

14 February

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Brain injuries may bring long-term changes

Posted by Chris Proffitt

in personal injury

Many people may look forward to the day when their loved one experiences a complete recovery from a traumatic brain injury. However, brain injuries may sometimes have long-term effects on people. While many family members may expect their loved ones to recover swiftly, this may not be the case. According to the Centers for Disease Control and Prevention, a brain injury can still affect people several years after their accident. One study reports that after five years, 22% of people did not experience either a positive or a negative change in their condition. Additionally, 30% experienced worse health. The changes that...

05 February

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Understanding North Carolina theft charges

Posted by Chris Proffitt

in criminal defense

You could receive either a misdemeanor or felony for theft and related property crimes in North Carolina. The judge will review the type of stolen goods, their value, and whether you used a weapon or harmed anyone during the theft. If a North Carolina court has charged you with theft, review the crimes in this category and their possible penalties. Larceny This category covers general property theft, charged as a Class H felony for amounts greater than $1,000. You could also receive felony charges for larceny involving breaking and entering (burglary), theft of a firearm, or theft from someone’s pocket, bag or person....

01 February

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Why do some people feel drowsy while driving?

Posted by Chris Proffitt

in car accidents

As a responsible driver, you know that you need to be alert while navigating the roads in North Carolina or any other state. However, there is the chance you will encounter a motorist who is too fatigued to pay attention to you. This may result in a serious auto collision. Why do some people drive while drowsy given the risks? Sometimes a driver does not know that he or she is at risk of falling asleep while behind the wheel. The CDC explains that there are multiple reasons why a person could be too tired to drive safely. Not enough sleep Anyone can...

30 January

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Who is liable if another patron hurts me in a business establishment?

Posted by Chris Proffitt

in personal injury

Liability generally relates directly back to the person who caused you injury or whose negligence caused you injury. If you are in a business establishment and another customer injures you, there might be liability for both that other person and the owner of the business. According to U.S. News and World Report, liability for injuries often ties to intent and what exactly happened in the situation. Owner is liable The owner of the business would be liable if something he or she did or did not do led to the situation under premises liability law. This law maintains that property owners have a...

Author: Chris Proffitt