Do “fighting words” still matter under North Carolina’s assault law? That question sounds old-fashioned, but it goes straight to a real-life issue in modern practice. Can insulting, baiting, or humiliating language still matter if an argument turns physical? American jurisprudence historically recognized the phrase “fighting words,” yet North Carolina assault…
N.C.G.S. § 20-141.4(a3) governs the offense of felony serious injury by vehicle in North Carolina. This statute establishes a specific three-part evidentiary framework that the State must prove beyond a reasonable doubt. To secure a conviction, the prosecution must demonstrate that the defendant unintentionally caused serious injury to another person,…
If you hold a Concealed Handgun Permit in North Carolina, or plan to apply for one, you should understand a practical reality. A DWI charge, substance use concerns, or related findings can create real exposure for revoking your permit status, even though the legal mechanisms are not automatic. Gun rights…
The United States Supreme Court’s pending review of the federal firearm ban for unlawful drug users presents a deceptively simple question with potentially wide consequences. At issue is whether Congress may prohibit firearm possession by someone classified as an unlawful user of a controlled substance, even when that person is…
The 0.3% Dilemma | NC Marijuana Laws vs. Second Amendment Rights In North Carolina, the legal distinction between a state-regulated commodity and a federal felony is 0.3% Delta-9 THC. As the U.S. Supreme Court prepares to rule on the constitutionality of firearm bans for cannabis users, North Carolinians face a…
If someone you care about has been arrested and taken to the Mecklenburg County Jail, the first question is simple and urgent. When can they get out? For violent felonies, the answer is now governed by Iryna’s Law (Session Law 2025-93), which took effect in December 2025. Bond decisions in…
Felony death by vehicle in North Carolina is a felony criminal charge, not an aggravated traffic offense. Under N.C.G.S. § 20-141.4(a1), the State must prove beyond a reasonable doubt that the driver was impaired under G.S. § 20-138.1 or § 20-138.2 and that the impaired driving was a proximate cause…
Misdemeanor death by vehicle in North Carolina is a criminal charge, not a traffic ticket. Under N.C.G.S. 20-141.4(a2), the State must prove beyond a reasonable doubt that a specific traffic law was violated and that the violation was a proximate cause of another person’s death. The charge does not require…
Let me start by saying this. I love lawyers. I am one. I am a former president of the North Carolina Advocates for Justice (NCAJ), an association of criminal defense, personal injury, and family law lawyers. Some of my best friends are lawyers. The profession as a whole is comprised…
The Sixth Amendment of the United States Constitution guarantees defendants charged with a crime the right to legal counsel. The North Carolina State Constitution reinforces that protection in Article I, Section 23 Declaration of Rights. A lot of folks facing a criminal allegation assume that legal right is absolute. As…