Charlotte Violent Crimes Attorney

Defending Violent Crime Charges

North Carolina prohibits a wide-range of violent and harmful behavior, from simple assault to murder.

Because of this, violent crimes vary greatly in the level of the charge and potential penalty. However, whether you are charged with a relatively minor misdemeanor or a serious felony, a conviction can have a profound effect on your life. A conviction for a violent crime can ruin your personal and professional reputation. It may alter your relationship with friends and family members. It puts your education and career on hold. For all of these reasons, you need to take any accusations of committing a violent crime seriously and call a violent crimes attorney immediately.

Why You Shouldn’t Rely on Cooperation Alone

When you are under investigation for a violent crime or you have already been charged, you may think the best thing for you to do is cooperate. You might believe that working with the police or prosecutors is the best way to prove your innocence. In an ideal world, this might be true. In our current legal system, cooperating often gives prosecutors evidence to use against you. Prosecutors will twist your words and manipulate the facts to try and prove you committed the crime, no matter how innocent you are.

Instead of placing yourself at risk when the stakes are so high, you should call a Charlotte criminal attorney from Randall & Stump, PLLC. We are here to protect your rights during a criminal investigation. If charges are filed, we can:

• Work to reduce or dismiss charges
• Conduct an independent investigation
• Gather and review evidence on your behalf
• Build a strong, strategic defense for trial

We have more than 35 years of combined legal experience, and we know what it takes to succeed. Call us today at (980) 237-4579 or use our online form to request an initial case evaluation.

Violent Crime Laws in Charlotte, NC

The North Carolina General Statutes (NCGS) outline a number of violent crimes, from low-level misdemeanors to the most serious felonies. Some of the most common offenses, which our violent crimes lawyers handle, include:

Assault (NCGS 14-28 – 34.10)

North Carolina has merged the offenses of assault and battery. Battery, under the common law, is an offensive or violent touching of another person without their consent, which may or may not cause injury. Common law assault constitutes placing another person in fear of bodily harm or death. North Carolina’s assault offenses encompass both the actual touching and creating fear.

Certain simple assault offenses are misdemeanors, while other assaults, including those involving a deadly weapon or which result in serious injury, are felonies. If you are accused of assault, contact a violent crimes attorney immediately.

Assault on a Female (NCGS 14-33(c)(2))

If you are male and at least 18 years old, and you are accused of assaulting a female, you will be charged with a Class A1 misdemeanor. This is a more serious offense than if you were accused of assaulting another man or if you were a woman.

Battery (NCGS 14-18 – 34.10)

Under the common law, battery encompassed an offensive or harmful touching against another person without their consent. Battery required an actual touching, though it did not require the victim to be injured or have any visible mark as a result. In North Carolina, battery crimes are handled in assault laws, and they may be charged as misdemeanors or felonies. If you are accused of assault and/or battery, contact a violent crime lawyer to discuss your options.

Kidnapping (NCGS 14-39)

You may be charged with kidnapping if you unlawfully confine, restrain, or remove from one place to another, any person without their consent or their parent or guardian’s permission, and you hold that person for ransom or as a hostage, do so to facilitate the commission of a felony, cause that person bodily harm or terrorize them, place them in involuntary or sexual servitude, or intend to traffic the victim.

Depending on the circumstances, you may be charged with kidnapping in the first or second degree, which are charged as Class C and Class E felonies, respectively. If you are ever charged with or accused of kidnapping, call our violent crimes attorneys as soon as possible.

Domestic Violence (NCGS 50B-1)

Under North Carolina law, domestic violence includes the commission of certain offenses against someone you have a personal relationship with. Domestic violence includes attempting or intentionally causing bodily injury; placing the victim or a member of their family in fear of imminent serious bodily injury or continued harassment, or committing a sex crime.

Personal relationships include current and former spouses and current or former sexual and romantic partners; blood relatives; the other parent of your child; and current or former household members. After being accused of domestic violence and charged with a violent crime, the best thing you can do for yourself is to contact a violent crimes lawyer.

Criminal Penalties Upon Conviction

North Carolina’s sentencing guidelines are complicated. It is important to speak with an experienced attorney about the potential penalties, such as fines, incarceration, probation, restitution, community service, counseling, rehabilitation, and more.

Misdemeanor Penalties

If you are convicted of a misdemeanor, the maximum term of incarceration depends on the level of the misdemeanor and your criminal history. For first-time offenses, you face between one and 60 days of incarceration. If you have between one and four prior convictions, you may be incarcerated up to 75 days. For five or more prior convictions, you face up to 150 days of incarceration.

Felony Penalties

Felony convictions are sentenced based on a grid that considers the class of the felony and your prior record level. Key details include:

• Classes of felonies: A, B1, B2, C, D, E, F, G, H, and I
• Prior record levels: I-VI, determined by assigned points based on criminal history
  • 0 points = no prior convictions
  • 18+ points = extensive criminal history

Examples of felony sentencing: 

• Class I felony with Prior Record Level I or II: 4 – 6 months in prison (least serious)
• Class A felony: Death penalty or life imprisonment without parole (most serious, regardless of prior record)

To discuss the specific penalty, you may face according to the criminal justice process, contact our violent crimes lawyers at Randall Law, Criminal Defense Attorneys today.

Fighting Restraining Orders in North Carolina

Another common consequence of being convicted or accused of a violent crime is a restraining order. North Carolina offers a variety of protective orders:

• Domestic Violence Protective Orders (50B Orders)
• Civil No-Contact Orders (50C Orders)
• Civil No-Contact Orders for Victims of Registered Sex Offenders (50D Orders)
• Criminal Protective Orders

Criminal Protective Orders

You may face a criminal protective order, usually a no-contact order when released on bail or as part of your sentence. To fight a criminal restraining order in North Carolina, your attorney must do so during the criminal court process. A no-contact order is commonly used as a requirement to obtain pre-trial release and ordered by the judge determining your conditions of release.

However, an experienced criminal defense lawyer may be able to fight restrictive requirements for bail, such as if the restraining order would affect your ability to see your children.

Civil Restraining Order

You also may face a civil restraining order separate from the criminal proceedings, which is very common in domestic related cases. At Randall Law, Criminal Defense Attorneys, we can represent you in defending against a civil restraining order in addition to defending you against the criminal charges. Contact us today to learn about fighting a restraining order.

Collateral Consequences of a Violent Crime

Even after completing your criminal penalties, a violent crime conviction can have lasting effects on many areas of your life.

Some of the most common collateral consequences include:

• Permanent criminal record: Your conviction will appear on background checks and public records.
• Employment challenges: Certain jobs may be unavailable, and some professions require disclosure of convictions.
• Educational impacts: Convictions may affect eligibility for schools, programs, or financial aid.
• Housing difficulties: Renting a home or obtaining an apartment may be more difficult.
• Financial restrictions: Convictions can affect loan approvals, credit applications, and access to financial aid.
• Child custody and visitation: Convictions may negatively impact parental rights.
• Immigration consequences: Non-citizens may face deportation or other immigration penalties.

Defending Against Violent Crimes

At Randall Law, Criminal Defense Attorneys, we realize that facing violent crime charges are frightening. It can be difficult to think about anything other than the worst case scenario. We are here to thoroughly review your case and provide you with an objective analysis, including the strongest possible defenses.

Some of the defense strategies for violent offenses that may be available include:

• The alleged victim consented to your actions.
• You acted in self-defense or defense of others.
• There has been a mistake of identity.
• The allegations against you are false.
• The prosecution lacks sufficient evidence to prove guilt beyond a reasonable doubt.