A defendant’s simultaneous possession of multiple guns will generally support only one conviction for possession of a firearm by a felon. In State v. Phelps, No. COA25-934 (June 3, 2026), the State argued that multiple convictions were warranted because the evidence showed that one of the guns found in a cache at the defendant’s home had been in his possession earlier at a different...
NC Criminal Law
on Tuesday, August 11th, 2026
#NCPROTIP
Displaying 11 - 15 of 60
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.
Evidence of the victim’s character may be introduced in two circumstances: First, the defendant may introduce evidence of a “pertinent trait” of the victim’s character. G.S. 8C-404(a)(2). The most common example is evidence of the victim’s violent character, offered when the defendant is claiming self-defense. Second, in homicide cases, the state may offer evidence of the victim’s character trait for “peacefulness” to rebut a claim by the defense that the victim was the first aggressor.
If the elements of the offense were committed in more than one county, each county in which an element of the crime was committed has concurrent venue. See G.S. 15A-132(a).
A criminal charge contained in a pleading must be sufficiently definite to identify the offense, enable the defendant to prepare his or her defense, bar a subsequent prosecution for the same offense, and enable the court to impose judgment.
- ‹ Previous
- 3 of 12
- Next ›