Our Charlotte Domestic Violence Lawyers Can Help You Achieve the Best Possible Result in Your Criminal Case
If you were charged with domestic violence in North Carolina, you could face a lengthy jail or prison sentence and the long-term ramifications of having a permanent criminal record. You must take the charges seriously and fight back—even if you believe you’re guilty. Our experienced Charlotte domestic violence lawyers at Browning & Long, PLLC can develop a solid defense strategy designed to help you get the charges dismissed or a reduced offense with less harsh sentences.
Understanding What Domestic Violence Is in North Carolina
In our state, there’s not one domestic violence crime: several offenses fall under the umbrella of domestic violence when the assault is committed on specific individuals with whom the accused has a personal relationship. For example, you could be charged with a domestic violence misdemeanor or felony offense if you’re accused of assaulting one of these protected individuals:
- Your spouse or former spouse
- A former or current intimate partner, who could be someone you're dating or who you’re residing with as a couple
- Your roommate
- Your child, whether by birth or adoption
- A family member or blood relative
Domestic Violence Charges You Could Face in Mecklenburg County
In our county, there are three common crimes you could be charged with if you’re accused of domestic violence. It’s essential to understand which criminal statute you are being charged under to know what the prosecutor must prove to convict you, possible defenses you can use to fight the charges, and the penalties you face if convicted.
Here are the leading domestic violence offenses our legal team at Browning & Long, PLLC defends on behalf of our clients.
Assault on a Female
Domestic violence can be charged as assault on a female under North Carolina General Statute §14-33(c)(2). It’s a simple assault crime, however, simple assault is not a gender-specific crime.
Assault on a female can only be charged if the victim is a female and the accused is a male who is 18 years old or older. It’s classified as an A1 misdemeanor—the most serious misdemeanor classification in North Carolina. The prosecutor must prove these elements of the criminal offense beyond a reasonable doubt to convict you:
- Assault. What constitutes an assault is defined under common law and can involve your intentional infliction of harm on the victim or the threat of physical damage.
- Intentional. You must have acted deliberately to inflict this harm.
- No excuse. You cannot have had a lawful excuse or defense for assaulting the victim.
- Your age and sex. You must be male and have been 18 years or older when you allegedly assaulted the female.
- Victim's sex. The victim must be a female.
You don’t have to touch the victim or injure them for assault on a female to have been committed.
Domestic Violence Misdemeanor Crime
In the past, domestic violence was also charged as simple assault, a Class 2 misdemeanor. Although this crime has similarities to assault on a female, the accused doesn't have to be a male at least 18 years old, and the victim doesn't have to be a female.
However, the North Carolina legislature recently passed a new domestic violence misdemeanor crime that went into effect December 1, 2023. Under North Carolina General Statute §14-32.5, a person can be convicted of a Class A1 misdemeanor if they use or try to utilize physical force or threaten to use a deadly weapon and the victim is an individual who has a relationship with the accused as defined under this law. You could be charged with this crime if you have one of these relationships with the victim:
- You’re their current or former spouse, guardian, or parent.
- You share a child with them.
- You’re currently cohabitating with or have cohabitated with them as a spouse, guardian, or parent.
- You’re similarly situated as a spouse, parent, or guardian of the victim.
- You’re in a current or former dating relationship with them.
Under this law, you can also be charged with domestic violence if you’re a female or are in a same-sex relationship.
Assault by Strangulation
Another common domestic violence crime you could be charged with in Mecklenburg County is assault by strangulation. This offense is classified as a Class H felony. The elements of this crime under North Carolina General Statute §14-32.4 include the following:
- Assault. You must have overtly acted or attempted to act with force or physical violence against another person.
- Physical injury. You must cause the victim to suffer a physical injury, such as bruises, cuts, or scrapes.
- Strangulation. You must have put your hands around the victim's throat to cause them to lose consciousness or a less violent act, like applying pressure to their throat, to cause them to have difficulty breathing.
