30 April

Sticky

What is the charge of criminal use of laser device?

Laser pointers are a fun way to play with a cat, but did you know they can also be harmful? In fact, you could end up with a criminal charge if you do the wrong thing with one. The North Carolina General Assembly explains you might face a charge of criminal use of laser device if you intentionally use one on a law enforcement officer or in some other situations. The crime Criminal use of laser device is an infraction, which is less serious than other charges. If you intentionally point one at a law enforcement officer or if you point it in...

29 September

0 Comments

Sticky

What is simple affray?

Posted by Chris Proffitt

in assault and battery

In North Carolina, the law merges assault, which is the threat of bodily harm, and battery, which is unlawful bodily contact, into a single crime. The same law that defines and imposes penalties for assault and battery also covers a similar offense, simple affray. Simple affray is a specific type of assault and battery. According to the University of North Carolina, there are three things that the state must prove to obtain a conviction on a charge of simple affray. A fight A charge of simple affray pertains to a fight between at least two people. The law defines a fight as either...

27 April

0 Comments

Sticky

Are assault and battery different crimes in North Carolina?

Posted by Chris Proffitt

in assault and battery

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...

16 March

0 Comments

Sticky

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...

07 December

0 Comments

Sticky

Facing possible assault charges? Here’s how to help yourself

Posted by Chris Proffitt

in assault and battery

You’re not a violent person, and you never expected to end up in a physical altercation with your roommate, neighbor or some stranger at a bar — but it happened. Now, the police are involved and you’re worried you may end up facing charges (even if the other guy started things). Four things you can do to help yourself after a fight The thought of being arrested and charged with assault can make people panic, so take a deep breath and remember these tips: Do not talk to the police. You have an absolute right to remain silent, and you should exercise that right. Don’t be fooled...

12 October

0 Comments

Sticky

Can you legally defend yourself using violence in North Carolina?

Posted by Chris Proffitt

in assault and battery

There’s an old saying that “violence begets violence.” For the most part, that’s true — especially when someone is put into a position where they feel like they have no choice but to aggressively defend themselves against harm by another. But do you actually have the right to violently attack someone in your own defense? In some states, people have a legal duty to retreat in the face of a threat whenever possible — and North Carolina was once like that, as well. Now, however, North Carolina has “Stand Your Ground” laws on the books. Those laws greatly broaden the right of...

01 September

0 Comments

Sticky

What does assault and battery mean?

Posted by Chris Proffitt

in assault and battery

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...

12 August

0 Comments

Sticky

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...

29 May

0 Comments

Sticky

Standoff and stabbing in Asheville raises questions

Posted by Chris Proffitt

in assault and battery

Crimes of passion can get the better of anyone—hence the name. If someone gets heated, they may act irrationally. This does not excuse the results, especially when lethal intent combines with deadly force. A standoff in Asheville shows how a situation can devolve after an inciting incident, as well as what questions go unanswered in the fallout. An early morning barricade According to WHNS Fox Carolina, authorities cleared surrounding apartments after responding to a stabbing. A man and woman surrendered to the police after five hours of negotiation with the Asheville crisis teams. Authorities took the man into custody on charges of assault with a...

05 February

0 Comments

Sticky

Do assault and battery always involve injury?

Posted by Chris Proffitt

in assault and battery

Assault and battery can be confusing legal terms. Because authorities often charge both at the same time, many people use the two words interchangeably, but they actually refer to two separate crimes. If you had a confrontation with someone who suffered no injury as a result, you may feel surprised at finding yourself charged with assault and/or battery. However, neither assault nor battery requires an injury to result in criminal charges. According to the National Paralegal College, an assault is either a threatening action that puts the alleged victim in fear of imminent harm or else an attempt at physical contact...