Domestic Violence Defense Lawyer in Jacksonville, NC

Defending Clients Charged With Domestic Violence in North Carolina

A domestic violence offense involves two or more persons who have “a personal relationship” as defined by statute. What distinguishes domestic violence cases from other types of charges is not the offense itself but how the prosecutor treats it and the many side effects that can follow a domestic conviction.

How you conduct yourself after your arrest can significantly impact the outcome of your case. It can be very easy to incriminate yourself after an arrest, so enlist the services of our Jacksonville domestic violence attorney at The Trevor J. Avery Law Firm as soon as possible. We can help protect your rights and freedom.

What is the Statute of Limitations for Domestic Violence in North Carolina?

In North Carolina, the statute of limitations for domestic violence offenses can vary depending on the severity of the charge. Here are some common domestic violence charges and their corresponding statutes of limitations:

• Misdemeanor Domestic Violence: The statute of limitations for misdemeanor domestic violence offenses, such as simple assault or communicating threats, is typically two years in North Carolina. This means that charges must generally be brought within two years from the date of the alleged offense.
• Felony Domestic Violence: For felony domestic violence offenses, such as assault by strangulation, assault with a deadly weapon, or serious bodily injury, there is generally no specific statute of limitations in North Carolina. This means that there is no time limit for prosecuting these offenses, and charges can be brought at any time.

What are the Penalties for Domestic Violence in North Carolina?

Getting convicted of a domestic violence offense can have unexpected negative consequences. The court often orders defendants to attend an “abuser treatment program” and place them on probation to monitor their behavior. A domestic violence conviction is more likely to result in a jail sentence than a comparable non-domestic case.

Beyond the sentence imposed by the court, a domestic conviction will trigger provisions of federal law that will restrict your freedom and cost you the right to possess any firearms. This will be particularly damaging to individuals who serve in the military because there is no exception to this for military service.

What Happens When you are Brought to District Court for a Bond Hearing?

If you are brought to District Court for a bond hearing, remember that the court is not there to try your case. Many defendants want to tell the judge what happened or explain the situation. This is an enormous mistake, as what you say will only be used against you.

The judge is only interested in why you can be relied upon to come to court and will not contact the alleged victim until the case is resolved. If you are unsure what to say, remember that you have a right to remain silent.

Get Help from Our Jacksonville Domestic Violence Defense Attorney

For all these reasons, if you have been charged with a domestic violence offense, it is important to consult an attorney before taking any action. An experienced lawyer will speak on your behalf to the prosecutor and can negotiate for you to reach a fair resolution to the case.

Even if there is evidence against you, and although the prosecutor will say that they will not dismiss the charges if the victim wants the case dismissed, it may still be possible to have the charges dropped. If you have been charged with domestic violence, don’t wait to call us. Set up a consultation so we can work to protect your rights and resolve the situation.