If you have been arrested or accused of domestic violence, you are facing severe consequences–including jail or prison time, large fines, and damage to your reputation and your name. With your freedom and future on the line, you need an aggressive domestic assault lawyer in Raleigh to act on your behalf.
At Sandman, Finn, and Fitzhugh, we bring over 50 years of combined legal experience to our clients. Not only are we well-versed in North Carolina domestic assault laws and will work tirelessly to provide you with innovative legal solutions, but we also have experience as prosecuting attorneys. This gives us the unique ability and viewpoint to create your legal strategy.
Domestic Violence Defined
According to the United States Department of Justice, “domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”
North Carolina does not define specific crimes of domestic violence. Instead, state law defines domestic violence as acts or threats of harm committed against someone in a current or former “personal relationship.” It can be charged under several criminal offenses such as simple assault, assault on a female, assault with a deadly weapon, and assault by strangulation.
In North Carolina, the term “personal relationship” is defined as two people who are:
- Current or former spouses, household members, dating partners, or co-residents;
- Parents of the same child, or
- Related as parent and child (including persons acting as a parent to a minor child) or as grandparents and grandchildren.
Domestic Violence Charges in North Carolina
Domestic violence can involve a variety of different charges, from mental and verbal abuse to physical or sexual violence. If convicted of domestic violence, you could not only face criminal penalties but also be prevented from returning to your home or seeing your children.
The most common domestic violence offenses include:
- Bodily harm and attempted bodily harm
- Sex offenses such as rape and sexual battery
- Threats of imminent bodily harm or continued harassment that cause substantial emotional distress
Penalties for Domestic Violence Crimes in North Carolina
Here are some examples of common criminal charges and penalties for domestic violence crimes.
Misdemeanor Domestic Violence Crimes
If you have used or attempted to use physical force or have threatened someone using a deadly weapon, you will be charged with a Class A1 misdemeanor, which carries 150 days in jail and a fine.
Simple assault and battery in North Carolina is the charge when someone is accused of causing a minor injury. This is a Class 2 misdemeanor that can carry 60 days in jail and is the least severe battery charge.
Domestic Assault and Battery
In North Carolina, there are several general assault crimes, ranging from misdemeanor to serious felonies depending on the harm inflicted, the risk of harm involved, or the use of a deadly weapon. A few of the assault crimes that are typical in domestic assaults include:
- Strangulation – Strangulation carries a Class H felony if the strangulation results in physical injuries. The maximum penalty for a Class H felony is three years of prison time.
- Assault in the presence of a child – Domestic assaults that involve serious injuries or a deadly weapon that are committed in the presence of a child carry a mandatory supervised probation for the first conviction. Subsequent convictions result in mandatory jail sentences of not less than 30 days.
- Felony assaults – Assaults involving deadly weapons with an intent to kill or inflict serious harm carry Class C, D, and E felony charges. The maximum prison sentence for these felonies ranges from 7 to 19 years. Class C is the most serious.
Civil Penalties Related to Domestic Assault and Battery
While the criminal court system does not specifically recognize domestic violence separately from other crimes, domestic crimes can lead to civil court orders that can negatively affect your life. These actions can include:
- A protective order also called a “restraining order” can prevent you from accessing your belongings or seeing your children.
- Removing custody or ending visitation of your children.
- Civil lawsuits in which the alleged victim may attempt to recover medical expenses or claim pain and suffering.
- A prohibition under Federal Law from possession of a gun.
Benefits of Hiring a Raleigh Domestic Violence Attorney
Crimes of domestic violence not only come with heavy criminal and civil penalties, but the long-term damage is severe. Being convicted of assault and battery, especially in a domestic violence situation, can follow you around for the rest of your life, affecting your ability to find work, rent apartments, or get assistance.
That’s why you need to work with a criminal defense attorney who is experienced in domestic violence cases as soon as you are accused or charged with the crime. At Sandman, Finn, and Fitzhugh, we bring over 60 years of combined legal experience to our clients. In addition to experience in criminal defense, we also worked as criminal prosecutors, so we have a unique perspective and insight, giving us the ability to better serve our clients. We can work to provide you with the counsel to make the right decisions as well as fight on your behalf with a comprehensive legal defense strategy.
Schedule a Free Consultation with a Raleigh Domestic Violence Lawyers
Every domestic violence case is different and requires representation from an experienced attorney. Sandman, Finn, and Fitzhugh, as a firm, has 50 years of combined experience representing a wide variety of violent crime cases, including domestic assault. We understand exactly how much is at stake when you are facing charges of this nature and have a thorough understanding of the law. You can rely on us to investigate your case thoroughly and determine the most effective defense strategy to employ for your case.
Don’t face domestic assault charges alone – call us at ((919) 845-6688 or fill out the contact form to request your free consultation.