Our Charlotte Criminal Defense Lawyers Explain Domestic Abuse Felony Offenses and How to Protect Your Rights
If someone claims that you committed domestic violence against them, the police and prosecutors will take their allegations very seriously. You’ll most likely be arrested even if the victim changes their mind and no longer wants to press charges against you. Depending on the circumstances, you could be charged with a felony and be sentenced to a lengthy prison sentence if convicted.
If you’re charged with a domestic violence offense, contact the experienced Charlotte domestic violence lawyers at Browning & Long, PLLC, immediately after your arrest. We know that you could have been falsely accused of committing this crime—but even if you’re guilty, there might be some strong defenses we can pursue for you. Either way, by mounting an aggressive defense strategy, we can help you achieve the best outcome in your criminal case.
What’s Defined as Domestic Violence in North Carolina?
In our state, it’s considered domestic violence to commit an act of violence against someone with whom the accused has a personal relationship. You could be charged with domestic violence for doing any of the following:
- Attempting to cause or intentionally causing the victim to suffer bodily harm.
- Causing the victim or one of their family members to be in immediate fear of bodily harm.
- Causing the victim or their family member to be in fear of continued harassment that causes them to experience emotional distress.
- Committing a specified sexual assault, such as first or second-degree rape, statutory rape, or sexual battery.
You would be considered in a personal relationship with the victim in these situations:
- They’re a spouse or former spouse.
- The victim is a current or former partner you lived with or dated.
- You’re related to a child as their parent or grandparent.
- The victim and you share a child in common.
- The victim is a former or current household member.
When Domestic Violence Is a Felony in North Carolina
Two common offenses you could be accused of committing are assault on a female under North Carolina General Statute § 14-33(c)(2) or misdemeanor domestic violence under North Carolina General Statute §14-32.5, a new law that went into effect in December 2023. However, in some situations, domestic violence is charged as a felony in our state.
Felony Assault and Battery
In North Carolina, assault and battery are committed when someone threatens the victim with bodily harm in a way that reasonably puts them in fear. There must be some physical contact for a battery to have been committed.
While assault and battery is often considered a misdemeanor, the charges can be a felony if:
- An assault occurs, and the victim suffers a life-threatening or serious injury that causes chronic health complications. This is charged as a Class F felony.
- Assault and battery would be charged as a Class C felony if the crime involved the intent to kill using a deadly weapon, such as a gun, knife, or blunt object.
Assault by Strangulation
Another common felony domestic violence charge is assault by strangulation under North Carolina General Statute § 14-32.4. It’s classified as a Class H felony. The elements of this crime are as follows:
- Assault. The accused must have harmed another person.
- Physical injury. The victim must have suffered an injury, such as bruising, scrapes, or other injuries.
- Strangulation. The domestic violence must have been committed by strangulation. Under state law, strangulation involves the wrapping of hands around the victim’s throat and they lose consciousness, or a less violent act like applying pressure around the neck that causes them to have difficulty breathing.
Felony Sexual Assault
If the accused commits a sexual assault against someone they’re in a personal relationship with, this is a domestic violence crime. They could be charged with first-degree rape, which is a Class B1 felony, or second-degree rape, which is classified as a Class C felony.
Violation of a Protective Order
If you’re facing domestic violence charges, the victim could obtain a Domestic Violence Protective Order (DVPO)—also referred to as a restraining order—against you. Under a DVPO, you may be prohibited from doing the following:
- Having any contact with the victim or their minor children
- Living in the victim’s home
- Harassing, threatening, or following the victim or their children
- Going to certain prohibited places, such as the children’s school or the victim’s job
A judge could also order you to take specific actions, such as paying child support or providing the victim with a vehicle or suitable housing.
The police could arrest you if you violate the terms of a DVPO. While a first offense would be charged as a misdemeanor, you could face felony charges if you continue to violate the order. For example, you could be arrested for a Class H felony if this is your third or subsequent violation.
Penalties You Could Face If Convicted of a Felony Domestic Violence Offense
The punishments depend on the felony classification of the offense. In addition, North Carolina uses a complicated sentencing system that considers your prior criminal history and aggravating and mitigating factors when determining your sentence.
Here are possible punishments you face:
- Class H felony. Your punishment could include up to 39 months in prison.
- Class F felony. You could be sentenced to up to 41 months in prison.
- Class B1 felony. If you’re convicted of a Class B1 felony, the judge could sentence you to 25 years up to life in prison.
- Class C felony. If this is a first offense conviction, your sentence could include up to 73 months in prison.
6 Ways to Protect Your Rights If Charged With Domestic Violence
You must take the felony domestic violence offenses seriously. Here’s what our criminal defense lawyers recommend:
- Cooperate with the police. If you’re arrested, abide by their requests to avoid escalating the situation into something more dangerous and being charged with other crimes, such as resisting arrest.
- Remain silent. Exercise your right to remain silent and not answer the police officer’s questions except for providing basic information, such as your name and address. You shouldn’t try to explain things to them to convince them you did nothing wrong. Remember: any statements you make can and will be used against you.
- Collect evidence. Gather as much evidence as you can that helps our legal team defend you. Think about witnesses’ contact information, texts and emails with your accuser, and photos and videos of the incident and any injuries you suffered.
- Don’t commit other crimes. It’s critical not to get arrested again if you’re facing domestic violence charges. You would make it harder for us to negotiate a favorable plea bargain for you if this is in your best interests. In addition, a judge could sentence you to harsher punishments if you commit another crime.
- Don’t violate a protective order. If the victim obtains a DVPO, don’t violate any of the terms of the order. It’s crucial that you don’t communicate with the victim or their children if the judge orders you not to have any contact with them.
- Retain an attorney. One of your first steps after being arrested is to consult our domestic violence lawyers at Browning & Long, PLLC. We’ll help you avoid making mistakes that hurt your criminal case, raise all of your defenses, and collect the evidence you need to prove them. We also won’t hesitate to try your case at a jury trial if necessary.
