26 March

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What are some defenses to an assault charge?

You get arrested and find yourself facing an assault charge. You’re worried about spending time behind bars and the impact that a conviction could have on your future. It might make it more difficult for you to get a job, for example. As such, you want to know what defenses you may have. This is going to vary from case to case, depending on the specific details. Here are a few examples of potential defenses that may be applicable. Mistaken identity You may be able to deny that you were even involved in the altercation. Maybe a witness incorrectly identified you or said...

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...

21 December

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Safecracking is a separate, punishable offense from burglary

Posted by Chris Proffitt

in Criminal Law

The crime of burglary is a multifaceted offense. It’s one part of the offense to break or enter a building without permission, but the other key factor is the offender’s intent to commit any felony or larceny once inside. A person charged with burglary will face several other related charges depending on the circumstances of their offense. One potential criminal charge they might face is safecracking. What exactly is this criminal charge and what are the penalties for conviction? Tampering or removing a safe is safecracking According to state law, a person commits the offense of safecracking if they unlawfully open, enter or...

16 October

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What is an unwitting drug mule?

Posted by Chris Proffitt

in Criminal Law, drug trafficking

To minimize their risks, drug traffickers often resort to inventive methods to smuggle substances across the border. While drug mules allow them to transport drugs in small quantities, traffickers also manipulate or scam unsuspecting individuals to do the same. Unfortunately, even unwitting drug mules may face serious legal consequences if caught. No one is safe An unwitting drug mule can be anyone who unknowingly transports illicit drugs across borders or nations. Drug traffickers use whatever means necessary to reduce suspicion and minimize their risks as they smuggle illegal drugs across countries. A part of that is using various scams and tricks to...

21 June

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An arrest is not a conviction

Posted by Chris Proffitt

in criminal defense, Criminal Law

A law enforcement officer can arrest an individual if they have reason to believe that person committed an offense. The officer arrests a suspect. The suspect is not yet a criminal. It is an allegation of wrongful conduct that may not necessarily have merit. In North Carolina, an arrest is only the third step in a criminal conviction. Only the court can convict a person. Only the court decides if a person is guilty of committing a crime. Individuals arrested for criminal behavior have the legal right to defend themselves against such accusations. How does a criminal conviction happen? In a criminal...

21 June

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Money mule scam: Don’t share your bank account

Posted by Chris Proffitt

in Criminal Law

Living these days can be extra expensive, and it does not help that very few jobs are available. People are searching the internet for side hustles or easy employment to get by. But that is precisely how these scammers target people into becoming unwitting money mules. What is an unwitting money mule? Criminals who acquire money illegally need a way to launder or hide where it came from. Criminals use a money mule to move the money on their behalf into another account, whether the mule’s or someone else’s. The criminal mastermind often pays the mule a small sum for the job. However,...

16 September

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What are the five levels of misdemeanor DWI in NC?

Posted by Chris Proffitt

in criminal defense, Criminal Law

If a law enforcement officer stops you for drinking and driving in North Carolina, the state may charge you with one of five levels of a misdemeanor DWI. The levels are increasingly severe and have corresponding punishments. It is important that you understand the various levels of DWI charges so you can anticipate not only what to expect but also, how to defend yourself. The North Carolina Department of Public Safety explains the five levels of DWI charges you may receive in the Tar Heel State. Level V A level V DWI is the least severe type of DWI charge you may receive...