North Carolina Criminal Defense Attorneys

habitual misdemeanor assault NC

Habitual Misdemeanor Assault: When Minor Offenses Trigger Felony Enhancements in NC

Repeated misdemeanor assault charges in North Carolina can lead to consequences that extend far beyond standard misdemeanor penalties. Under state law, certain prior assault convictions may be used to elevate a new misdemeanor assault charge to a felony, even when the new allegation involves limited injury or low-level conduct. This legal mechanism is known as […]

social media 50B violation NC

Digital Harassment: Can Liking a Facebook Post Violate a North Carolina 50B Order?

In North Carolina, a 50B domestic violence protective order restricts more than physical proximity or direct communication. Courts interpret these orders broadly, and a social media 50B violation NC allegation may arise from online behavior that appears minimal, including liking or reacting to a Facebook post. What matters is whether the conduct functions as contact […]

warrant scope suppression drug NC

Scope of the Warrant: Suppressing Drug Evidence Found Outside the Permitted Search Area in NC

Search warrants in North Carolina authorize law enforcement to search only specific places for specific items. When officers locate drugs outside those limits, the legality of the search becomes a central issue. Questions involving warrant scope suppression drug NC often arise when evidence is discovered in areas not clearly permitted by the warrant, such as […]

prior record level DV NC

Prior Record Levels: How a Past Domestic Violence Conviction Impacts Future NC Sentencing

Criminal sentencing involves more than the charge currently before the court. Judges are required to evaluate a defendant’s criminal history using a structured sentencing system that assigns point values to prior convictions. These points determine a person’s prior record level, which directly affects sentencing ranges a court may impose. A past domestic violence conviction can […]

bond revocation NC felony

Bond Revocation: The Consequences of Violating Release Conditions in Pending NC Felonies

Bond revocation in a pending North Carolina felony case occurs when a court determines that a defendant has failed to follow the conditions of pretrial release. When this happens, the court may revoke bond entirely, order immediate arrest, or impose more restrictive conditions. In a bond revocation NC felony situation, the consequences can be swift […]

toxicologist testimony sex crimes NC

The Role of Toxicologists: Explaining Blackouts vs. Pass-Outs in NC Sexual Offense Trials

Memory loss and intoxication frequently become central issues in North Carolina sexual offense trials. When alcohol or drugs are involved, courts often rely on expert testimony to clarify whether a person experienced a blackout, a pass out, or another form of impairment. Toxicologists play a critical role in explaining how substances affect consciousness, memory formation, […]

medical record objections assault NC

Authentication & Hearsay: Objecting to Medical Records in North Carolina Assault Trials

Medical records are often introduced in North Carolina assault trials to support claims about injuries, treatment decisions, and the timing of medical care. Whether those records may be presented to a judge or jury depends on evidentiary rules governing authentication and hearsay. Courts must determine if medical documentation is properly identified before it may be […]

mistake of fact larceny NC

Mistake of Fact: Can You Be Charged with Larceny in NC If You Thought the Item Was Yours?

A person can still be charged with larceny in North Carolina even if they believed the item was theirs. The charge depends on whether the State can prove criminal intent at the time of the taking. In mistake of fact larceny NC situations, courts focus on whether the defendant knowingly took property belonging to another […]

ex parte 50B protective order NC

What Evidence Justifies an Ex Parte 50B Protective Order Without a Hearing in NC?

Courts may issue a domestic violence protective order on an ex parte basis when written evidence presented to the court demonstrates an immediate need for protection before a hearing can be held. At this stage, judges rely entirely on sworn statements and supporting materials to determine whether temporary relief is justified without hearing from the […]

DWI insurance points NC

Insurance Points: How a North Carolina DWI Conviction Impacts Premiums and Coverage

A conviction for driving while impaired in North Carolina has a direct impact on auto insurance premiums and coverage. Under state insurance regulations, a DWI triggers the assignment of insurance points that insurers must apply when calculating rates. These points are assessed through North Carolina’s Safe Driver Incentive Plan and result in mandatory percentage-based premium […]