Articles on Crimes and Elements - Page 37 of 49

Misdemeanor death by vehicle is defined in G.S. 20-141.4(a2) as (1) unintentionally causing the death of another person (2) while violating a State law or local ordinance applying to the […]

Now that Christmas is over, Santa’s cases are coming on for trial. He’s accused of multiple counts of burglary. We already know the facts: He entered dwellings at night, using […]

In a post here, I listed my top five indictment errors. The number one error was misstating the victim’s name in an indictment charging larceny or a related crime interfering […]

It’s the end of the year. The criminal justice system is slowing down a little bit for the holidays, but other activity is ramping up. For many parents, making a […]

A caller recently asked me whether it is a crime to use gang signs. First, some background. According to one gang expert, “each gang has their own gang hand signs […]

I wrote recently about how the Justice Reinvestment Act changes North Carolina’s existing habitual felon law (you can read that post here). This post examines a new recidivist offender statute […]

As part of the Justice Reinvestment project, analysts from the Council of State Governments (CSG) looked at how the habitual felon law is used in North Carolina. In general, the […]

I’ve had several questions about BB guns, pellet guns, and airsoft guns, and whether certain criminal offenses can be predicated on the use or possession of such weapons. I’ll try […]

The court of appeals’ recent decision in State v. Pierce, __ N.C. App. __ (October 18, 2011), analyzed whether a defendant could properly be convicted of second degree murder for […]

Suppose that Bob Boyfriend moves in with Gina Girlfriend. Bob lives in Gina’s apartment for several months. He isn’t on the lease and doesn’t pay rent, but he does buy […]