This post summarizes published criminal decisions from the North Carolina Court of Appeals released on March 2, 2021. As always, they will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
Brittany Bromell
The “Single Taking” Rule
About a year since the COVID-19 pandemic began, an increasing number of businesses have transitioned to touchless and contactless payments, with the use of cash taking a backseat to debit and credit cards. Not coincidentally, with increased use of financial cards comes increased financial card theft.
Criminal Violations of a DVPO
In North Carolina, victims of domestic violence are protected by both civil and criminal laws. Our state’s Domestic Violence Protective Order (DVPO) laws are in Chapter 50B of the General Statutes. A person seeking relief under Chapter 50B may file a civil action in district court alleging acts of domestic violence and seeking entry of a protective order. If the court enters a DVPO, a violation can have criminal consequences. This post reviews the criminal offenses involving violations of DVPOs.
Beaten, Battered, and Bruised: Multiple Assault Offenses or a Continuing Assault Offense?
Imagine a case of domestic violence in which the perpetrator physically and violently assaults a victim. The perpetrator punches the victim with his fist, grabs the victim by the throat and strangles her, and grabs the nearest object and hits her over the head. The victim suffers a broken jaw, black eye, and a concussion and sustains bruising to the neck.
Assuming each of these acts occurred within a short and continuous time frame, could the perpetrator be charged with multiple counts of assault or only one?
Case Summaries – N.C. Court of Appeals (Nov. 17, 2020)
This post summarizes published opinions issued by the Court of Appeals of North Carolina on November 17, 2020.
A Closer Look at the Elements of Assault by Strangulation
I have been getting several questions lately about the crime of assault by strangulation, a Class H felony under G.S. 14-32.4(b). This crime can be tricky because two of its four elements are not statutorily defined. This post explains those elements in more detail.
Case Summaries – N.C. Supreme Court (August 14, 2020)
This post summarizes opinions issued by the Supreme Court of North Carolina on August 14, 2020.