Inchoate Offenses Flashcards
Under North Carolina law, the crime of solicitation is graded as follows
(3)
- Grade it two classes below the felony solicited for the solicitor
- Unless it is a misdemeanor, then it is a misdemeanor (e.g. assault or obstruction of justice~only cases)
North Carolina Attempt Requirements
3
- there must be more than mere preparation
- the act must have some proximity to the offense
- have to intend that the crime is carried out
Attempted involuntary manslaughter in N.C.?
You can have involuntary manslaughter because you intended to kill
Attempted second-degree murder in N.C.?
none, any attempted murder must be first degree murder
If you attempt murder in N.C. it will be
attempted 1st degree murder
What is required for conspiracy?
Shaking hands with co-conspirator; reaching an agreement
≠overt act
An “accessory after the fact” is:
knowingly assist another to escape after the committing of a crime
An “accessory after the fact” is not:
an accomplice, only guilty of being an accessory after the fact
An accomplice is guilty of?
the underlying offense
Possession occurs when?
∆ has dominion or control
In regards to shared habitation or spaces, all the people with control over that shared space will be found in constructive possession over the item(s) if
something is found must consider totality of circumstances
-to find constructive possession of controlled substances must who other incriminating circumstances