North Carolina Criminal Law Blog

In State v. Schalow (Dec. 20, 2016), the trial court’s error in declaring a mistrial led to a successful claim of double jeopardy by the defendant and allowed him to […]

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If a person writes a check and the check bounces, is that enough to charge the person with the misdemeanor offense of writing a worthless check? What about if the […]

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A recent Court of Appeals opinion turned on a point of law that sometimes trips up folks in sexual assault cases: When a juvenile is alleged to have committed a […]

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Protests are breaking out all over. This weekend, protesters gathered at RDU to oppose President Trump’s travel ban. Last weekend, participants in Women’s Marches took to the streets of Washington […]

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Reversing the Court of Appeals, the NC Supreme Court recently held, in State v. Floyd, that attempted assault is a crime in North Carolina.

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Author’s Note: The North Carolina Supreme Court reversed the court of appeals decision in State v. Brice, which is discussed in the body of this post.  You can read about […]

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I recently had occasion to think about the relationship between shoplifting and larceny.

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Several years ago, the Sixth Circuit noted the “timeless question whether “spitting a ‘lugie’ towards someone, by itself, constitutes an ‘assault.’” United States v. Gagnon, 553 F.3d 1021 (6th Cir. […]

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It’s election season, and friends and family have asked me a few questions about crimes associated with voting. I’m not an expert on election laws – here at the School […]

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Today’s post is a return to the Sentencing Whiteboard, this time to explain active sentences for aggravated level one DWI. As Shea and I have discussed in earlier posts (here, here, […]

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