Archives by Tag ' North Carolina Law '
Assault on a female in North Carolina is a Class A1 misdemeanor under N.C. Gen. Stat. § 14-33(c)(2) — the most serious misdemeanor classification the state has. It carries up to 150 days in jail, but the jail time is not the part of this charge that changes lives. The collateral consequences — what happens […]
A false domestic violence accusation can lead to an arrest, a protective order, and criminal charges before you ever get to tell your side of the story. In North Carolina, the legal system is built to move quickly once an accusation is made. It often moves before any independent investigation takes place — and before […]
After a domestic violence arrest in North Carolina, you can be held in jail for up to 48 hours before a judge sets the conditions of your release. That hold is longer than what applies to most other criminal charges, and it is usually the first thing that catches people off guard. It is also […]
Self-defense is a legally recognized defense to domestic violence charges in North Carolina. When it’s proven, it results in a complete acquittal. In fact, North Carolina law explicitly excludes acts of self-defense from the definition of domestic violence under N.C. Gen. Stat. § 50B-1. The legislature didn’t leave that to interpretation. It wrote self-defense out […]
Domestic violence charges can be dropped in North Carolina, but not the way most people expect. The person who files the complaint — the alleged victim — does not have the power to make the charges go away. Once the State brings charges, the decision to dismiss, reduce, or prosecute belongs to the district attorney’s […]
Former assistant district attorney
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