Violent Crimes

Understanding What Constitutes A Violent Criminal Offense In North Carolina

Unlawful acts that harm others through violence qualify as crimes of violence. However, even the mere threat of harm or violence may also qualify. We offer a vigorous defense amid allegations of:

• Assault: Typically charged based on the severity of injury and intent
• Armed robbery: Considered a felony involving theft with a weapon
• Battery: Falls under the assault umbrella with severity depending on the level of harm
• Carjacking: A serious felony involving the theft of a vehicle by force or intimidation
• Domestic violence: Includes violent offenses within family or intimate relationships
• Kidnapping: Involves the unlawful confinement or abduction of a person
• Homicide: A felony, it covers various degrees of unlawful death, from manslaughter to murder

In North Carolina, where the consequences are severe, the weight of the accusation alone can turn one’s world upside down.

What Are The Possible Penalties For Violent Crimes In North Carolina?

Many violent offenses are felonies. Felony sentences can carry these possible penalties:

Fighting a drunk driving charge might involve many angles such as:

• Lengthy prison sentences
• Steep fines, often approaching tens of thousands
• Strict probation instead of or in addition to imprisonment
• Orders to pay victims financial restitution for their losses

Even if facing misdemeanor charges (simple assault, affray, etc.), you could still face significant consequences, including jail time.

What Should You Do Immediately After Being Charged With A Violent Crime?

If you have been charged with a violent crime, the first step is to remain calm and avoid making statements to law enforcement without an attorney present. Anything you say can be used against you in court. So, politely request legal representation before answering any questions.

Next, contact an experienced violent crimes defense attorney. Your attorney will guide you through the legal process and develop a defense strategy tailored to your situation. Gathering evidence is crucial; write down everything you remember about the incident, including potential witnesses and any relevant details that might support your case.

Finally, follow legal procedures and attend all court dates. Missing even one appearance could negatively affect your case. Your attorney can help negotiate bail or pre-trial release conditions, helping ensure you can continue working on your defense outside of custody.

What Is The Difference Between A Felony And A Misdemeanor Assault Charge?

Misdemeanor assault involves minor injuries or threats that do not result in major harm. These cases may result in penalties such as fines, probation or a short jail sentence.

On the other hand, felony assault involves more serious injuries, the use of a weapon or intent to cause severe harm. Convictions for felony assault can lead to long-term imprisonment, hefty fines and the loss of certain rights, such as the ability to own firearms.

Factors that influence whether an assault is charged as a felony or misdemeanor include the degree of harm caused, the use of a deadly weapon and whether the victim belongs to a protected class, such as law enforcement officers or minors.

Can A Violent Crime Charge In North Carolina Be Reduced Or Dismissed?

Yes, violent crime charges in North Carolina can be reduced or dismissed, but this depends on several factors. At Frasier & Griffin, PLLC, we can carefully analyze your case to identify weaknesses in the prosecution’s evidence or procedural errors that could lead to a dismissal.

Charges may be reduced if the defense can demonstrate mitigating circumstances, such as acting in self-defense or the absence of intent to cause harm. Additionally, plea bargains are common in cases where the evidence is not strong enough to secure a conviction at trial.

Certain diversion programs or rehabilitation efforts might also lead to reduced charges, especially for first-time offenders. However, repeat offenses or cases involving harm are less likely to result in dismissal or reduction.