Assault on a female in North Carolina is one of the most severe misdemeanor offenses in the state and can result in serious consequences. If a restraining order is issued against you, violating its terms can result in further legal consequences, compounding the difficulties you may already be facing. Additionally, in some cases, domestic violence allegations can be linked to other charges, such as driving while impaired (DWI), further complicating your legal situation.
If you're facing domestic violence charges, it's crucial to work with an experienced attorney who understands the complexities of the legal system in North Carolina. Having the right legal representation can make a significant difference in navigating these serious charges, ensuring that your rights are protected and that you have the best chance at a favorable outcome.
Arlind Kastrati Law in Graham, NC, is a dedicated criminal and assault lawyer who can thoroughly investigate the situation and create a strong defense on your behalf.
Three major elements must be met for an individual to be charged with assault on a female in NC. First, the fact that an assault occurred, is the same criteria for a simple assault charge. The other two elements are what make an assault on a female different:
A simple assault is a class 2 misdemeanor in NC, depending on the severity of the assault. The consequences for this charge may include:
Other penalties might also be included in the sentence, including:
Other penalties might also be included in the sentence, including:
Related: Can You Lose Your Driver’s License for Underage Drinking in North Carolina in 2025?
Assault on females is categorized as a Class A1 misdemeanor, which is the most severe misdemeanor offense in the state with a maximum punishment of up to 150 days in jail. The punishment may vary based on severity and other factors.
Additionally, some misdemeanors are eligible for expunction from your record after a certain time, however, assault charges are specifically excluded by the statute governing expunctions. If you receive an assault conviction it could remain on your record forever.
Call our office to see how we can help build a defense for your case.
If you are facing assault or assault on a female charge, you should hire an experienced criminal defense lawyer for your case. These charges can result in severe consequences and a permanent record, which is why Arlind Kastrati Law can help you in forming a strong defense and ensuring you get the best result. Give us a call to discuss your case.
A domestic violence attorney in Alamance County, NC, can guide you through the legal aspects of your case, ensuring you understand your rights. They assist in preparing your case, including gathering evidence and documentation. In court, they will represent you, advocating on your behalf and managing interactions with witnesses and opposing counsel. They can help secure protective orders to keep you safe from the abuser. Additionally, they offer crisis management support by connecting you to necessary resources like safe housing and counseling. In Alamance County, NC, a skilled attorney will be familiar with local resources and legal procedures to best support your case.
In Alamance County, NC, common defenses against domestic violence charges include arguing self-defense, where the accused must prove they were protecting themselves from imminent harm with reasonable force. Another defense is false accusations, where the defendant claims the charges are based on incorrect information or malicious intent. Lack of proof can also be a defense if the evidence presented by the prosecution is insufficient or unreliable. An alibi may be used to show the defendant was not present at the crime scene. Lastly, although less common, consent may be argued in specific circumstances where the acts were mutually agreed upon, though this is rare in domestic violence cases.
A domestic violence conviction in Alamance County, NC, carries significant consequences including criminal penalties like jail time, fines, and probation. Courts may also issue protective orders that limit the defendant's interaction with the victim, and violating these orders can result in additional penalties. Such a conviction can lead to the loss of certain civil rights, including the right to possess firearms. It can profoundly impact child custody and visitation rights, often resulting in restrictions to protect the child’s welfare. Lastly, a conviction can harm one’s reputation, affect employment prospects, and lead to social stigma, affecting the individual long-term.
A Domestic Violence Protective Order, often called a 50B order, is a civil court order that can impose no-contact terms and other protections. You can apply for emergency orders and then seek a full order after a court hearing. A DVPO does not replace any criminal charges that may be pending from the same incident. Violating a DVPO can lead to arrest and additional criminal consequences. Courts may require surrender of firearms as part of the order when statutory findings are made. The Judicial Branch explains how to obtain a protection order, and firearm surrender is governed by G.S. 50B-3.1.
In many domestic violence charges, a judge rather than a magistrate must set conditions of release during the first 48 hours after arrest. If a judge is not available within that time, a magistrate may set release conditions after the 48 hour period. Judges commonly impose no-contact provisions and other restrictions tailored to safety and court attendance. The statute governing this process is G.S. 15A-534.1. Understanding this timing helps you plan for first appearance and bond decisions. The UNC School of Government provides a clear overview of how the rule works in practice.
When certain findings are made, a DVPO requires surrender of firearms, ammunition, and permits to the sheriff. Courts may also set procedures for storage during the life of the order. After the order expires and related criminal charges are resolved, a person can petition for the return of lawfully possessed firearms if they are otherwise eligible. Failure to comply with surrender or unlawful possession can lead to new criminal charges. The statute details timelines and return processes. UNC School of Government guidance and G.S. 50B-3.1 explain these rules.
To get legal assistance for a domestic violence case in Alamance County, NC, you can start by contacting a local attorney who specializes in such cases, such as those at Kastrati Law. Domestic violence support organizations in the area can also connect you to legal resources and provide additional support. Our attorneys offer free initial consultations, allowing you to explore your legal options without immediate financial commitment. Our experienced domestic violence attorneys are here to provide the support and representation you need. Please contact us to schedule a consultation and discuss your case in detail.
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