North Carolina Criminal Law Updates

Raleigh Assault Charges: What is an “Assault?”

November 2, 2021 | Fanney Law Office, PLLC

If you have assault charges in Raleigh, the allegations may involve simple assault or assault on a female or even assault with deadly weapon inflicting serious injury. Each of those types of criminal matters are comprised of “essential elements.”

In order to prove someone guilty, the prosecutor must present evidence indicating the accused, the Defendant charged with criminal wrongdoing, is guilty of the underlying crime of criminal assault.

While that may seem straightforward enough, if not obvious, the criminal laws as established by the General Assembly do not specifically define what is an assault in the State of North Carolina.

I have a clean record

September 25, 2021 | Fanney Law Office, PLLC

For whatever reason, people nowadays seem to think not having a prior record entitles them to an automatic dismissal. While there may be options available to avoid a conviction if you have a clean record, you should not assume your charges will be dismissed as a matter of course.

That also applies to being a nice person or politeness during the process. Dismissals are by no means automatic. A dismissal of charges certainly is not guaranteed.

If you face criminal charges in Raleigh, whether the accusations involve a felony or misdemeanor, we think it’s a good idea to consult with an experienced lawyer. Going into court alone, hoping for the best possible scenario, a dismissal, can carry consequences.

Shooting into Occupied Vehicle in Raleigh

August 29, 2021 | Fanney Law Office, PLLC

The incidences of road rage and allegations of shooting into occupied vehicles have increased substantially in Raleigh and throughout North Carolina.

Discharging a firearm or “barreled weapon,” as is described in North Carolina General Statute Chapter 14-34.1, is a felony criminal charge. That NC Criminal Law is interpreted by Courts in NC to be broadly interpreted.

The law against shooting into buildings and vehicles, when they are “occupied,” includes several different types of conveyances, buildings, structures, equipment, devices, and enclosures.

Confessions to a spouse in North Carolina

July 1, 2021 | Fanney Law Office, PLLC

Everyone seems to have a passing familiarity with the attorney-client privilege and the secret nature of communications between someone facing allegations of criminal charges and their defense lawyer.

That protection of confidentiality encourages the defendant, the person accused of a crime, to be honest with their lawyer. Honesty with legal counsel helps avoid surprises and affords a path towards reliable legal advice in any given circumstance.

There is no question under the NC criminal laws that what you confide to your criminal lawyer is confidential and privileged information. It’s an important aspect to the defense of criminal charges, whether it’s for a felony or a misdemeanor – John Fanney, Raleigh Criminal Defense Attorney

Search Warrants – Detain Occupants of Premises

February 13, 2021 | Fanney Law Office, PLLC

Warrants to Search either persons or property, consistent with the 4^th Amendment, must be predicated on Probable Cause.

Some limited authority exists for law enforcement to temporarily detain occupants of the premises to be searched subject to the warrant.

Such detainment must be limited to the area where an occupant may pose a real threat to the efficient and safe execution of the search warrant.

Self-Defense Issues in North Carolina

January 21, 2021 | Fanney Law Office, PLLC

The laws regarding self-defense can be intricate, requiring careful consideration of the use of force, the amount of force, and reasonableness.

A defendant determined to have been the aggressor in an affray or fight may regain the right of self-defense (right to use force, including deadly force) when placed in imminent danger of serious bodily harm or death.

In that event, the legal inquiry would look into whether the aggressor had the reasonable opportunity to retreat.

Hearsay Evidence – Present Sense Impression

December 12, 2020 | Fanney Law Office, PLLC

In layperson’s terms, “hearsay” is an out-of-court statement, made by a declarant (witness) who is not testifying in court, that is used to prove the truth or accuracy of the matter asserted.

What is hearsay, and the many exceptions to the evidentiary rule about hearsay, is subject to a fair amount of confusion and therefore disagreement during a trial.

Very experienced criminal defense lawyers, prosecutors, and judges argue over hearsay and evidence issues. It can be a confusing area of law – John Fanney, Criminal Lawyer Raleigh NC

What is Reasonable Suspicion for Texting While Driving?

November 15, 2020 | Fanney Law Office, PLLC

The legal basis to stop a vehicle often involves an analysis of reasonable suspicion or probable cause in North Carolina and may include “texting.”

DWI defense lawyers, attorneys who handle drug charges in Raleigh, and even prosecutors are careful to analyze the alleged reasons law enforcement officers turn on the blue lights.

Texting while driving is illegal in North Carolina.

Will my case be continued?

April 10, 2020 | Fanney Law Office, PLLC

Attorneys in Raleigh and throughout North Carolina are deemed “essential personnel.”

Indeed, criminal defense lawyers as officers of the court are essential to the administration of justice and day-to-day operations.

The Wake County Courthouse remains open for certain types of pressing legal matters, including things like bond hearings, Chapter 50B Protective Orders, and what might otherwise be deemed “emergency-type” hearings for criminal charges.

Should I go to court if I’m sick?

March 9, 2020 | Fanney Law Office, PLLC

It’s hard to ignore all the media reports about the Corona Virus and COVID-19.

This time of year criminal lawyers in Raleigh are used to dealing with seasonal flu outbreaks.

Frankly, juggling schedules and calendars is just part of the job. If clients have questions about whether to come to court, we recommend they call the office – John Fanney, Raleigh Defense Attorney