01 September

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What does assault and battery mean?

You were angry and lost your temper. You overreacted to something and started to shout. You got so upset that you even poked your finger at the chest of the other party and made a few threats. Just the same, you certainly didn’t expect to find yourself in handcuffs facing charges of assault and battery. After all, nobody got hurt, right? You didn’t really intend to hurt anyone. Unfortunately, that’s not how the law may see it. Most people don’t realize that assault and battery have fairly broad definitions. You can be guilty of assault for any actions that put a reasonable person...

31 August

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The process of appealing your criminal conviction

Posted by Chris Proffitt

in criminal defense

Going through the process of participating in court proceedings and ultimately receiving a sentence may leave you feeling unsure of your future. Fortunately, you have the legal right to file an appeal in North Carolina if you disagree with the outcome of your situation. Your awareness of how the appeals process works may help you feel more confident as you prepare to present new evidence and hopefully persuade court officials to rescind your original sentence. Steps to appeal According to the United States Department of Justice, a common misinterpretation of a court appeal is that it allows you a completely new trial. Rather, it is...

17 August

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Is your teenager’s car safe?

Posted by Chris Proffitt

in car accidents

If your son or daughter is like most American tee When examining accidents, researchers discovered that 63% of teens killed in fatal wrecks were in either a small (compact or subcompact) or midsize car. By comparison, only 50.2% of drivers between the ages of 35 and 50 who died in fatal accidents were in smaller vehicles. Size isn’t the only factor that’s driving these stats, however. A vehicle’s age is another factor. Among the teens who were in fatal accidents, 38% were driving a vehicle that was older than a decade. By comparison, teens who were driving cars that were three-years-old or newer only...

12 August

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What is a serious bodily injury?

Posted by Chris Proffitt

in assault and battery

A criminal charge for assault can change depending on the nature of the situation and the injuries sustained. One important factor the prosecutor will consider is if there was a serious bodily injury. According to the UNC North Carolina Criminal Law blog, serious bodily injury is that which causes permanent disfigurement or brings a risk of death. It may also cause extreme pain or permanent loss of a body part or organ. It may also result in a lengthy hospital stay. Interpretation The definition often has different interpretations by juries and courts. For example, a jury found in one case that a rather...

03 August

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What are the signs of PTSD following a car accident?

Posted by Chris Proffitt

in car accidents

A serious car accident can have a wide range of effects on those involved. Physical injuries can cause chronic pain issues or immobility for months or even years after an accident. There are also possible emotional effects in accidents that were particularly serious or that cause severe injuries or loss of life. In this case, many accident victims experience symptoms of post-traumatic stress disorder (PTSD). While PTSD is often associated with combat veterans or people who have been involved in violent crimes and attacks, it can also result from motor vehicle accidents. Being able to recognize the following common signs of PTSD...

24 July

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4 dangers of unsecured or improperly secured loads

Posted by Chris Proffitt

in car accidents

The Asheville area has plenty of lumber yards where homeowners can pick up supplies. If a driver transports large or unsecured loads, though, he or she may be a hazard to other motorists. North Carolina has strict requirements for load sizes and securement. If a motorist does not adhere to these rules, your life may be in danger in one or more of the following four ways. 1. Flying objects Before any driver carries objects, he or she should be certain to secure loads properly. When you are moving down the highway at a fast speed, dislodged objects may fly into your vehicle....

22 July

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Asheville resident dies after being struck by fire truck

Posted by Chris Proffitt

in car accidents

North Carolina pedestrians are often at a higher risk for death when they are involved in motor vehicle accidents. The chance of death is usually extreme when the vehicle involved is a large truck or emergency vehicle, as it was during one accident recently in Asheville that left one woman dead. Cause of accident unclear The Asheville Citizen Times reports that a fire truck struck the female victim when she stepped out into traffic for unknown reasons. A witness claims the female, who was on foot and walking with traffic, seemed to accidentally leave the side of the road and walk into the path...

20 July

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Why is mitigation important to your defense?

Posted by Chris Proffitt

in criminal defense

Whether the evidence against you is overwhelming and you’re convicted at trial or you’ve simply resolved to plead guilty in court, mitigation becomes the next area for your defense attorney to address. A mitigating factor is basically anything that might indicate a reduced level of culpability on your part. It can also be something that shows the court that putting you behind bars for a lengthy period would serve no purpose, either because you’ve already taken steps to rehabilitate yourself or you are no real danger to anyone and not likely to re-offend. While the law in North Carolina does allow the...

09 July

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Do the police always need a search warrant?

Posted by Chris Proffitt

in criminal defense

The 4th Amendment protects you from “unreasonable” searches and seizures by the police. A search may be more reasonable if the police get a search warrant signed by a neutral third party, often a judge. However, every search does not require a warrant. Understanding when a warrant may or may not be necessary can help you understand your rights. Do you have an expectation of privacy? Generally speaking, if you have a reasonable expectation of privacy, the police would likely need a warrant. For example, most people consider their homes to be private. Thus, a warrant is often necessary to search your...

06 July

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5 tips to stay safe on your motorcycle

Posted by Chris Proffitt

in motorcycle accidents

As the summer months continue to roll on, there will likely be more motorcycles on our North Carolina roads. From people trying to get to work, to school or off on a weekend adventure, a motorcycle offers flexibility, excitement and a dependable ride. Unfortunately, motorcycle accidents account for a significant number of injuries and fatalities in the state and across the country. Here are five tips to remember that can keep you and other riders safe. Wear the proper gear: In general, this advice can simply refer to heavy clothing such as long pants and a long-sleeved jacket. It’s also important for riders to...

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