For more than 100 years it has been accepted that finding someone’s fingerprints at the scene of a crime means that they were in fact there. However, according to new research, this may or may not be the case. Per the American Association for the Advancement of Science (AAAS), fingerprint analysis may not be as […]
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Can You Claim Insanity as a Defense to a Criminal Conviction?
When someone has been accused of committing a crime, we often think of a defense as evidence that the person could not have or did not commit it. However, sometimes a defense to a criminal conviction is not that the defendant didn’t commit the act, but rather that he or she cannot be held morally […]
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Breaking and Entering in NC: When Is It a Felony?
The crime of “breaking and entering” is as it sounds: going into someone else’s property (forcibly) without first receiving permission from those who reside there or own the property. But depending upon the type of property and the intent of the crime that was committed, you can be charged with either a misdemeanor or a […]
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What Is False Imprisonment in North Carolina?
While you may think of “imprisoning” someone as locking them in a room, your actions need not be so extreme for you to be guilty of a crime. In North Carolina, the common law crime of false imprisonment is the unlawful restraint of another person. In order to be convicted of false imprisonment, the prosecution […]
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Communicating Violent Threats is a Crime in North Carolina
Free speech is one thing that differentiates the United States from many other countries. Under the Bill of Rights, you are protected permitted and protected to speak your mind. However, not all speech is protected under the First Amendment. There are, in fact, certain types of speech that are illegal. One type of speech that […]
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Reasonable Suspicion for Texting While Driving in North Carolina
While we live very fast-paced lives, often multi-tasking, certain things are illegal to do at the same time. One such thing is texting while driving. When you are operating a motor vehicle, you may not also be on your phone. But how does an officer have reasonable suspicion, known as probable cause, to stop a […]
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Are There Defenses to a Sex Crime Charge?
Sexual assault is a very serious criminal offense. While states vary slightly in how they define it, the elements of the crime remain the same. Sexual assault generally refers to a crime in which someone is subjected to unwanted sexual contact by another. These involuntary sexual interactions usually occur as a result of force or […]
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The Risks of “Catfishing” and Sex Crimes in North Carolina
With the growth of the Internet and specifically social media, it’s extremely easy to connect with people across the world. However, what’s not as easy is knowing to whom you are actually speaking. “Catfishing,” or an interaction in which someone pretends to be someone else, can be extremely disheartening. But what many people fail to […]
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What Does it Mean to ‘Disturb the Peace’ in North Carolina?
You may have heard the phrase “disturbing the peace” in many TV shows or movies. But what does it actually mean? Disturbing the peace is another name for “disorderly conduct.” You can be charged with disorderly conduct if a law enforcement officer believed that your conduct was a disturbance. If you fight the charge and […]
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General vs. Specific Intent Crimes in NC
Sometimes things happen that you didn’t mean to have happened. This sometimes even includes the outcome of criminal actions. While some people want to commit a crime, others want to commit a crime for the purpose of having something happen. This is the difference between general intent and specific intent respectively. Regardless of your full […]
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