Domestic abuse is regrettably all too widespread in North Carolina. As a result, domestic abuse charges in North Carolina are taken seriously by the state’s laws. If you’ve been charged with domestic abuse, you might not realize you’re facing a host of life-altering consequences. It’s critical to understand how North Carolina’s domestic violence laws work if you want to avoid the harshest punishments. Continue reading if you or someone you know is facing domestic violence charges to learn more about what you’re up against.
In North Carolina, what is considered domestic violence?
Domestic violence occurs when an assault happens between a perpetrator and a person with whom they have a personal relationship, according to North Carolina law. When a minor kid of a person with whom the perpetrator has a personal relationship is assaulted, it is considered domestic violence.
Domestic abuse can take the form of any of the following acts:
- Intentionally harming or attempting to cause bodily harm
- Instilling in the victim or a member of their family the dread of immediate bodily injury or harassment, as well as emotional suffering
- Rape in the first or second degree
- With a youngster, there is a sexual offense.
- Rape is a crime that is punishable by law.
- Battery on a woman
Domestic violence is not a crime in and of itself. It can instead be charged with a number of different charges. Simple assault, assault on a female, assault with a dangerous weapon, and assault by strangling are all examples.
Domestic violence offenses are frequently charged as misdemeanors. Domestic abuse can become a crime in more serious circumstances, such as several of those stated above.
The Different Charges and Penalties to Be Aware Of
We’ll explain down some of the most prevalent domestic violence punishments and charges for you so you can better understand them. Then we’ll talk about the unique conditions that a judge can impose at a sentencing hearing.
The term “simple assault” refers to a person who is assaulted without their consent. It is the least serious of the domestic violence offenses. Under common law, simple assault is defined.
“Overt act or attempt” and “attack by show of violence” are the two categories of actions that constitute simple assault.
An overt act or attempt occurs when the culprit does or seeks to do something that causes another person to fear bodily harm. Even if the victim is not physically harmed, it is considered a simple assault.
The crime of simple assault is classified as a Class 2 misdemeanor. A Class 2 misdemeanor can result in up to 30 days in jail (first offense) or up to 60 days in jail (second offense) (second or subsequent conviction).
Assault on a Female
Female Assault is a crime that occurs when a man assaults a woman.
When a male of 18 years or older performs one of two things to a female of any age, it is called assault on a female. Threatening bodily harm or engaging in offensive physical contact are examples of these two activities.
Assault against a female is a Class A1 misdemeanor in North Carolina, making it the most serious sort of misdemeanor infraction.
If convicted, the penalty is 60 days in prison (first offense) and up to 150 days in prison (second offense) (second or subsequent conviction).
Assault with a Deadly Weapon
Assault with a deadly weapon might be categorized as a misdemeanor or a felony depending on the circumstances. If the perpetrator employs a dangerous weapon while committing assault or assault and battery, the incident might be categorized as a Class A1 misdemeanor. The consequences for this offense would be similar to those for assault on a female. When the perpetrator assaults the victim with the aim to kill or gravely hurt them, assault with a deadly weapon becomes a felony offense. It’s a Class E felony if there’s an intent to kill or serious injure.
It’s a Class C felony if there’s an intent to kill and there’s a significant injury. A Class E felony carries a jail sentence of 15 to 31 months. A Class C felony can result in a sentence ranging from 44 to 98 months in prison. The assault with a deadly weapon statute does not define what constitutes a deadly weapon, although it can encompass any object capable of killing another person. A deadly weapon is a gun, a knife, or any blunt item.
Similarly, any thing that is used to kill someone is deemed a dangerous weapon, even if it isn’t commonly thought of as such. When anything is used to murder someone, it is classified as a lethal weapon.
Assault by strangling is another offense related to domestic violence. To be convicted of assault by strangulation, the attacker must have physically injured the victim while strangling them. Assault by strangulation is a felony classified as Class H. It carries a punishment of four to twenty-five months in jail.
Domestic Violence Penalties and Laws
When a felony is classified as domestic violence, the judge may impose additional probation conditions. Any of the following circumstances could be present. These might be as simple as completing a drug rehabilitation program. It may also include a requirement that the defendant refrain from drug and alcohol consumption while being monitored to ensure that he or she does so.
The judge may even order that the offender be placed under house arrest and only leave the residence to go to work or school. The defendant may also be ordered to receive medical or psychological treatment by the judge. It’s also possible that the defendant’s sentencing includes a requirement that they remain in a treatment facility.
The judge may also order the offender to attend or remain in a facility that provides probationers with rehab, counseling, training, or therapy.