NC Criminal Law
The UNC School of Government will be hosting a FREE one-hour webinar on self-defense law on May 15, 2024, at 10:30 a.m. Registration is available here. See below for a summary of the topic and additional details about the webinar.
The law of self-defense in North Carolina received a jolt from State v....
Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).