The Gross Law Group

Email Us:   |  321 North Front St., Wilmington, NC 28401

October 2018

A N.C. man was recently charged with hitting his girlfriend in the head with a television.  Among others, he was charged with Assault With A Deadly Weapon Inflicting Serious Injury.  What about Battery? Can a television be a deadly weapon? First, a deadly weapon does not have to be an object that is inherently dangerous like a gun or knife. A deadly weapon can be any object that is used or has has the potential to cause serious injury. Second, North Carolina does not have a Battery statute. The North Carolina General Statutes that cover Assault are N.C.G.S. 14-32 and N.C.G.S 14-33.

I was arrested for Resisting a Public Officer….. What does that mean?   N.C.G.S. § 14-223 Resist, Delay, or Obstructing (ROD) an Officer in the performance of their duties is a Misdemeanor charge that police officers use whenever they are hindered in doing their job.  It is a very general charge that can cover a wide range of behavior.  Anything from lying to an officer about your name to physically resisting arrest can be charged under this statute. A common place to receive a charge like this is in downtown Wilmington after the bars close.  Combining alcohol and testosterone has a tendency to

Underage consumption of alcohol or underage possession of alcohol can be charged to any person who is under the age of 21 and has alcohol in their system. This charge commonly occurs when underage people drink before they go out to the bars.  There are many bars in Wilmington which allow people under the age of 21 into the bar.  A common practice is to “pre-game” at home by drinking before going to the bars. Once they get to the bar and present their identification, if they appear intoxicated, many of the bouncers will notify law enforcement.  Simply smelling of alcohol is