Misdemeanor crime of domestic violence, domestic violence charge, crime of domestic violence, crime of domestic violence nc, crime of domestic violence in nc

Misdemeanor Crime of Domestic Violence

Table of Contents

Understanding Misdemeanor Crime of Domestic Violence

Misdemeanor crime of domestic violence charges is a serious offense that the North Carolina legislature created in 2023. The goal of this statute was to level the playing filed between men and women. Interesting to note, North Carolina has long had an Assault on a Female charge but never had a statute for Assault on a Male. So, typically if a domestic assault took place and it was a woman assaulting a man the charge was Simple Assault which is a Class 2 Misdemeanor. The problem with this is it’s two whole classes lower than the assault on a female charge which is an A1 Misdemeanor. The level of punishment for those crimes was significant, so the NC Legislature then created the Misdemeanor Crime of Domestic Violence Charge in NC.

The goal of this statute was that it made an assault on a male in a domestic situation equal to assault on a female. In North Carolina, these charges can arise from any form of assault, threat, or harassment between family members, spouses, or intimate partners. Understanding the nuances of these charges and obtaining skilled legal representation is crucial for protecting your rights and future.

Misdemeanor Crime of Domestic Violence in North Carolina

N.C.G.S. § 14-32.5 – Misdemeanor Crime of Domestic Violence

Under N.C.G.S. § 14-32.5, the misdemeanor crime of domestic violence is defined as any act of domestic violence committed by an individual against a family member or intimate partner. This statute provides the legal framework for prosecuting domestic violence cases in North Carolina and outlines the necessary elements for conviction. Let’s look at the domestic violence statute together:

Offense and Punishment – A person is guilty of a Class A1 misdemeanor if that person uses or attempts to use physical force, or threatens the use of a deadly weapon, against another person and the person who commits the offense is:

(1)  A current or former spouse, parent, or guardian of the victim.
(2)  A person with whom the victim shares a child in common.
(3)  A person who is cohabitating with or has cohabitated with the victim as a

spouse, parent, or guardian.
(4)  A person similarly situated to a spouse, parent, or guardian of the victim.
(5)  A person who has a current or recent former dating relationship with the victim.
Definition. – For purposes of this section, the term “dating relationship” is as defined in 18 U.S.C. § 921. (2023‐14, s. 8.3(a).)

Dating Relationship Statute from 18 U.S.C. § 921

  1. The term “dating relationship” means a relationship between individuals who have or have recently had a continuing serious relationship of a romantic or intimate nature.
  2. Whether a relationship constitutes a dating relationship under subparagraph (1) shall be determined based on consideration of—(i)the length of the relationship;
    1. the nature of the relationship; and
    2. the frequency and type of interaction between the individuals involved in the relationship.
  3. A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a dating relationship under subparagraph (1).

Elements of the Crime

To secure a conviction for misdemeanor crime of domestic violence under N.C.G.S. § 14-32.5, the state must prove certain elements beyond a reasonable doubt. These elements typically include:

Relationship between the Parties

The alleged offender and victim must be in a qualifying relationship, such as current or former spouses, cohabitants, family members, or individuals in a dating relationship.

Intentional Act

The state must demonstrate that the defendant intentionally inflicted physical injury, attempted to cause harm, or threatened to use a deadly weapon against the victim.

The dilemma with the misdemeanor crime of domestic violence statute in North Carolina is it’s very broad. When you get into the area of attempting to use force or threatening the use of a deadly weapon falling under the confines of domestic violence, it makes it where this charge can apply in a lot of circumstances.

Physical Injury or Threat

There must be evidence of physical injury, an attempt to cause physical injury, or a credible threat of use of a deadly weapon.

Domestic Violence Charges in North Carolina

Crime Level Maximum Punishment
Misdemeanor Crime of Domestic Violence Class A1 Misdemeanor 150 days in jail, fine, probation
Assault on a Female Class A1 Misdemeanor 150 days in jail, fine, probation
Simple Assault Class 2 Misdemeanor 60 days in jail, fine, probation
Assault by Strangulation Class H Felony 39 months in prison

Penalties for Misdemeanor Crime of Domestic Violence

The penalties for a misdemeanor domestic violence conviction can vary depending on the specifics of the case and the defendant’s prior criminal record. Possible consequences include:

Jail Time

Up to 150 days in Jail. This is dependent on your prior record level, which is North Carolina stems from the number of prior convictions you have.

Fines

A judge can give a fine for misdemeanor crime of domestic violence but our domestic violence lawyers find fines in these situations to be unusual, however, it’s important to note that a judge can provide a fine.

Probation

Supervised or unsupervised probation are both possible if convicted of misdemeanor crime of domestic violence in North Carolina.

Mandatory Counseling

Participation in domestic violence intervention programs which can often last at least a year.

Restraining Orders

Limitations on contact with the victim. In a lot of these domestic violence situations most will seek out a restraining order or a domestic violence protective order which is also referred to as a 50B. To learn more about 50B’s we encourage you to look at our 50B page.

Defending Against Domestic Violence Charges

Defending against domestic violence charges requires a strategic approach. Common defenses include:

Self-Defense

In many domestic violence cases, the accused may claim self-defense. To successfully use this defense, the defendant must prove that they had a reasonable belief that they were in imminent danger of harm and used a reasonable amount of force to protect themselves. Evidence such as injuries sustained by the defendant, witness statements, and prior incidents of aggression by the alleged victim can support this defense.

False Accusations

Unfortunately, false accusations of domestic violence can occur, often in the context of contentious divorces or custody battles. To defend against false accusations, the defense must present evidence that undermines the credibility of the accuser, such as inconsistent statements, motives for lying, or alibis that prove the defendant could not have committed the alleged acts.

Lack of Evidence

The burden of proof in a criminal case is on the prosecution, which must prove the defendant’s guilt beyond a reasonable doubt. If the evidence against the defendant is weak or insufficient, the defense can argue that the prosecution has not met its burden. This can include questioning the reliability of witness testimony, the authenticity of physical evidence, or highlighting the absence of corroborating evidence.

Violation of Legal Procedures

A strong defense can also be built on procedural errors made by law enforcement or the prosecution. This can include improper arrest procedures, failure to read Miranda rights, unlawful searches and seizures, or mishandling of evidence. If the defense can demonstrate that the defendant’s rights were violated, it may lead to the exclusion of evidence or even dismissal of charges.

Our experienced attorneys at Garrett, Walker, Aycoth & Olson are dedicated to providing a robust defense to protect your rights and achieve the best possible outcome.

Reviews from Our Clients

At Garrett, Walker, Aycoth & Olson, Attorneys at Law we pride ourselves on the positive impact we have made on our clients’ lives. Here are a few reviews highlighting our work on assault and domestic violence cases:

  • John D.: “The team at Garrett, Walker, Aycoth & Olson was phenomenal. They handled my assault case with professionalism and dedication, resulting in a favorable outcome.” – Read more reviews
  • Jane S.: “I was falsely accused of domestic violence, and the attorneys here worked tirelessly to prove my innocence. I am grateful for their expertise and support throughout the process.” – Read more reviews
  • Mark R.: “Facing domestic violence charges was a daunting experience, but Garrett, Walker, Aycoth & Olson provided exceptional legal representation that led to the dismissal of my case.” – Read more reviews

Frequently Asked Questions

What constitutes domestic violence in North Carolina?

Domestic violence includes physical harm, threats, and harassment between family members, spouses, or intimate partners.

Does misdemeanor crime of domestic violence result in a domestic hold?

Yes. This means that the magistrate once initially arrested will not be able to just release you. They will hold you until you’re able to go in front of a judge. This is termed as a domestic hold.

Can a domestic violence charge be dropped?

Yes, charges can be dropped, but it requires a thorough legal process and typically only happens after the case has been set for trial in Greensboro, NC. In Guilford County, NC, the District Attorneys Office has a zero tolerance policy for domestic violence cases and will put the case before the judge regardless of the circumstances.

What should I do if I am falsely accused of domestic violence?

Contact an attorney immediately. Collect any evidence that supports your innocence and avoid any contact with the accuser.

How can a lawyer help with my domestic violence case?

A criminal defense attorney can provide legal advice, represent you in court, negotiate with the prosecution, and work to have charges reduced or dismissed. Our assault lawyers have helped clients just like you with your assault case and have been able to win these charges at a trial before both judge and jury.

Will a domestic violence conviction affect my future?

Yes, a conviction can impact your employment, housing, and personal relationships. It’s essential to have a strong legal defense to minimize these effects.

Contact Garrett, Walker, Aycoth & Olson

If you are facing domestic violence charges, don’t hesitate to seek legal assistance. Contact Garrett, Walker, Aycoth & Olson today for a confidential consultation.

336-379-0539

317 S. Greene St, Greensboro, NC 27401

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