Articles in the Crimes and Elements category - Page 39 of 49

The crime of Maintaining a Store, Dwelling, Vehicle, Boat, or Other Place for Use, Storage, or Sale of Controlled Substances is a common one. In fact, AOC statistics show that […]

G.S. 20-138.5(a) provides that “[a] person commits the offense of habitual impaired driving if he or she drives while impaired as defined in G.S. 20-138.1 and has been convicted of […]

Crime against nature is usually an “add on” to other charged sexual assaults, such as forcible or statutory sexual offense and indecent liberties with a child. In this post, I’ll […]

New legislation this year creates a handful of new homicide and assault crimes protecting unborn children. S.L. 2011-60. The term “unborn child” “means a member of the species homo sapiens, […]

Grossly aggravating or just grossly confusing?  When is a DWI defendant driving while revoked for an impaired driving revocation? Several earlier posts (here , here and here) have discussed sentencing […]

If I were to compile guidance for law enforcement officers and judges on “what not to do” in an impaired driving case, I’d be sure to include excerpts from two […]

The last batch of opinions from the court of appeals included a really interesting constructive possession case.The facts of State v. Slaughter, __ N.C. App. __ (2011), are as follows. […]

Reckless driving is among the most commonly charged, and most broadly defined, motor vehicle offenses. Three types of reckless driving, all Class 2 misdemeanors, are defined in G.S. 20-140. First, […]

[Editor’s note: Regular readers will notice two changes to the blog today. One, for the first time, my posts have a byline. Two, a photograph of the author now appears […]

One recurring question I get asked is this: If the Defendant engages in two sex acts in one continuous transaction, how many assaults have occurred? When the acts are vaginal […]