Mooresville Domestic Violence Defense Lawyer

Mooresville Domestic Violence Defense Attorney

Domestic violence is a serious issue for both the victim and the accused in North Carolina. It is critical to understand the impact of a domestic violence charge and how to navigate the legal system. An experienced Mooresville domestic violence defense lawyer can provide guidance and advocacy for an individual who is charged.

Domestic violence is against the law in North Carolina. The North Carolina Coalition Against Domestic Violence reports that there is a domestic violence-related homicide every 5.5 days in the state. The COVID-19 pandemic exacerbated cases of domestic violence, and the request for services has not yet decreased to pre-pandemic levels. The number of people seeking domestic violence services remains 50% higher than in 2018..

Understanding Domestic Violence Relationships in North Carolina

There are specific requirements that must be met to be charged with domestic violence in North Carolina. It is important to note that acts of self-defense are excluded. In order to be charged with domestic violence, a personal relationship must exist between the victim and the accused. This does not only apply to romantic relationships. This relationship threshold is broader and is typically between:

• A current or former spouse
• Individuals of the opposite sex who currently or have lived together
• Parents and children or grandparents and grandchildren
• Current or former household members
• Individuals of the opposite sex who are involved or have been in a dating relationship

Arrest Procedures in North Carolina

There are various provisions that influence how law enforcement officers act in domestic violence cases. An officer may make a warrantless arrest in cases where there is probable cause for any felony, and more stringent rules apply only to certain misdemeanors.

Misdemeanors applicable to a warrantless offense include domestic criminal trespass, simple assault, assault with a deadly weapon, and assault by pointing a gun. Violation of a pretrial condition may also lead to a warrantless arrest regardless of whether the act occurs in or outside an officer’s presence.

A mandatory arrest occurs when an officer has probable cause that an individual is in violation of a protection from abuse order. The officer will take the fingerprints of an individual in all felony cases and in some misdemeanor cases (as noted above). The arresting officer will provide the magistrate with available information regarding the relationship with the alleged victim. The magistrate will enter that information into the court information system.

In Mooresville, domestic violence cases are handled through the Iredell County Courthouse located at 226 Stockton Street, Statesville, North Carolina, 28677.

In North Carolina, an individual accused of domestic violence will be under the jurisdiction of a pretrial condition known as the 48-hour law. The law requires that a judge (instead of a magistrate) set pretrial conditions within 48 hours of an arrest. The judge will consider the individual’s criminal history and may decide to detain the individual for a reasonable amount of time if an immediate release poses a danger to the victim.

Impact on Firearms

The state of North Carolina and federal law impose a firearm ban on an individual involved in a felony or misdemeanor domestic violence case. While a domestic violence protection order is in place, it is against the law for a defendant to be in possession of a firearm.

After the domestic violence protection order expires, it is the right of an individual to request that the firearms surrendered be returned. The court may deny the motion to have the firearms returned if the individual is not allowed to possess firearms under state or federal law. Pending charges for an offense against the individual protected by the domestic violence protection order may also result in the denial of the request.

FAQs

How Much Does a Lawyer Cost for a Domestic Violence Case?

An experienced domestic violence defense lawyer will provide advice and representation so you understand your options and responsibilities. The cost of hiring an attorney will depend on the complexities and difficulty of your case, the attorney’s ability, reputation, and skill, and the amount of labor and time involved. North Carolina state law requires that lawyers not charge a clearly excessive fee or charge a clearly excessive amount for expenses.

How Much Is a Defense Attorney in NC?

Defense attorneys will typically charge an hourly fee, but the cost can vary. Clients may be required to pay a retainer fee, which is money paid upfront to initiate the lawyer-client relationship. A security retainer is used toward future legal services and kept in an escrow account. An advance payment retainer is considered a prepayment for legal services a client has requested. A general retainer is used to reserve the time of an attorney or firm.

How Long Do You Go to Jail for Domestic Violence in NC?

Domestic violence crimes may be charged as misdemeanor or felony offenses. If an individual is convicted of a Class A1 misdemeanor, a maximum period of 150 days, or 60 days for a Class 2 misdemeanor, of incarceration may be imposed. A Class C felony conviction carries a maximum punishment of 231 months. A Class H felony carries a maximum sentence of 39 months. Sentencing will likely depend on the offender’s criminal history and the severity of the crime.

What Is the New Charge of Domestic Violence in NC?

The North Carolina General Assembly passed S.L. 2023-14 (S 20), which defines the misdemeanor crime of domestic violence. The law states that an individual is guilty of a Class A1 misdemeanor if they attempt to or successfully use physical force or threaten to use a deadly weapon against another individual, including a former or current spouse, parent, or guardian of the victim.

Mooresville Domestic Violence Defense Lawyer

If you are facing charges of domestic violence in Iredell County, it can be a stressful situation. Lassiter & Lassiter can provide individualized legal help. Contact our team today to learn how skilled attorneys can provide a clear explanation of your options and guide you through the legal process.