That’s one reason it’s important to immediately consult with a criminal lawyer to discuss your legal rights and options. The 11 year old tells her teacher, “Daddy hit me yesterday.” In response, the teacher contacts the Department of Social Services, Child Protective Services branch to initiate an inquiry. However, pursuant to both North Carolina and Federal Law, assault on a female is always considered to be a crime of domestic violence. Yes, I slapped her across the face. In general, a misdemeanor assault is a … The rule against Double Jeopardy does not apply to a TRO Temporary Restraining Order (50B Order). As is the case with any Class A1 Misdemeanor, which is the highest-level misdemeanor in North Carolina, penalties may include but are not limited to: Crimes of violence can affect you long-term. If you have been accused of committing assault on a female in Raleigh, it is important to seek legal representation. North Carolina Court Records: criminal case 9102016220945 (ASSAULT ON A FEMALE 14-33(C)(2)) details for Lupton Jamison Gregory NC Court Records The information on this website has been gathered from the state of North Carolina’s database. 1. Christopher Scott Horne, 49, was served a criminal summons Friday afternoon and is now on administrative duty pending the outcome of the case. The State need not present additional proof of the Accused’s age. As such, traditional Common Law defenses remain viable including: Assault on a Female by a Male Person is a very serious criminal charge. The law states you can be charged with a Class A1 misdemeanor if you commit assault, assault or battery, or affray as a male person over the age of 18 years against a female. As such, without more substantial injuries, a conviction for assault would be at best problematic for the prosecutor. The defendant may be charged and possibly convicted of simple assault. Eventually he is taken into custody and a trial is held, where the Defendant pleads not guilty when arraigned on the charge of assault on a female. You may also have to argue against a restraining order/50B protective order, or you may face charges for actions such as interfering with emergency equipment, making harassing phone calls, communicating threats and injury to real or personal property. Assault on a Female. The deadly weapon can range from a gun to a knife or scissors. Assault: Actual assault is when you attempt to attack a person by a show of physical force, or the act proves that an assault is imminent. Criminal Defense for Assault on a Female Cases. Please refrain from sharing confidential information. John has spent more than 27 years of his legal career helping people with serious criminal offenses including domestic violence charges. An impassioned call to the police can lead to significant time in jail, large fines and a lifetime criminal record. Simple assault, assault on female, assault with a deadly weapon or inflicting serious injury, assault by pointing a gun, domestic criminal trespass, and stalking if the defendant and victim had a personal relationship as defined in G.S. It has been more than 20 years and I have not been in trouble except for a couple speeding tickets. North Carolina allows parents to use reasonable force in administering corporal punishment. Federal law imposes a firearms ban for felonies and misdemeanor crimes of domestic violence. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Is my right to purchase a firearm gone? So you’ve been charged with assault. (d) Any person who, in the course of an assault, assault and battery, or affray, inflicts serious injury upon another person, or uses a deadly weapon, in violation of subdivision (c)(1) of this section, on a person with whom the person has a personal relationship, and in the presence of a minor, is guilty of a Class A1 misdemeanor. John and his staff are dedicated to providing effective, compassionate legal services. North Carolina Criminal Law Chapter 14-33 (c) (2) establishes the charge as a Class A1 Misdemeanor … Avvo Rating: 7.7. What you tell our lawyers remains a secret. This is an extremely common charge that can arise in the area of domestic households, as often times verbal arguments between people in a dating or marital relationship can lead to physical confrontations. Assault charges in North Carolina are not specifically defined in the NC Criminal Laws. Simple assault, assault on female, assault with a deadly weapon or inflicting serious injury, assault by pointing a gun, domestic criminal trespass, and stalking if the defendant and victim had a personal relationship as defined in G.S. Touching the victim or physical contact with the person bringing the charges is not required. There is no bruising or other visible injury the next day. North Carolina Criminal Law Chapter 14-33(c)(2) establishes the charge as a Class A1 Misdemeanor Offense. Assault on a Female. The Court issues an Order for Arrest or “OFA” directing law enforcement officials to arrest the Defendant on sight. Please don't hesitate to call us if you have any questions! Waynesville, NC Attorney Robert Gilligan explains the potential consequences and challenges faced when one is charged with Assault on a Female. Misdemeanor Assault – Laws and Penalties in NC. This is important because no matter what your prior criminal record looks like, you can be sentenced to an active term, meaning you can be sent to jail. And judges, when asked to return guns to such defendants under G.S. When a person raises an affirmative defense, instead of denying responsibility for the alleged assault, he alleges further facts that negate his criminal liability. The crime of Assault on a Female under North Carolina Criminal Law 14-33 (c) (2) is a misdemeanor criminal offense characterized by a Simple Assault upon a female person by an adult male. It’s important to immediately consult with a Raleigh Criminal Defense Attorney, even you are only being investigated by the police. North Carolina Court Records: criminal case 5902013236623 (ASSAULT ON A FEMALE 14-33(C)(2)) details for Melgar Louis NC Court Records The information on this website has been gathered from the state of North Carolina’s database. Each case is unique and must be evaluated on its individual Dropping assault on female charges in NC. Message. A simple assault is the most basic type of assault. Unlike a restraining Order, which is a civil matter with the "victim" as a party, a criminal charge is the State versus the defendant. case or situation. However, pursuant to both North Carolina and Federal Law, assault on a female is always considered to be a crime of domestic violence. merits. One charge was dismissed by the Court and the other was a prayer for judgement or PJC. Call John Fanney now to schedule your free legal consultation. Other possible punishments, depending on which county you are charged, can be long and expensive anger management classes as well as supervised probation. This crime can ONLY be committed by a male against a female. Thereafter the DSS “substantiates” a claim for abuse, neglect, or dependency. According to North Carolina statute § 14-33, you can be charged with assault on a female if you’re a “male person at least 18 years of age” who threatens believable imminent physical harm or physically contacts the victim in an offensive manner. What makes the charge significant is that it bumps the charge up from a Class 2 misdemeanor to a Class A1 misdemeanor, which is the highest level of misdemeanor. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. The party was trying to get them off them,female struck first . When a female is assaulted, it is considered a Class A1 misdemeanor that is punishable by a sentence of no more than 150 days imprisonment. Cancel Unsubscribe. Assault on a Female. It is a type of civil lawsuit that seeks to prevent you from contacting and/or assaulting the Plaintiff. What makes the charge significant is that it bumps the charge up from a Class 2 misdemeanor to a Class A1 misdemeanor, which is the highest level of misdemeanor. or viewing does not constitute, an attorney-client relationship. More. Defendant is not arrested for more than two years. The State bears both the burden of proof and burden of production. She’s fine.” Defendant is charged with both Assault on a Female and Assault on a Child Under the Age of 12 and arrested. She used profane language. This information is not intended to create, and receipt Defendant gives a full voluntary statement to the investigating officer, stating, “She’s 11 years old. Battery on the other hand, involves some sort of offensive physical contact. Bears defensive lineman Mario Edwards Jr. was charged with misdemeanor assault on a female following an incident at a hotel in Charlotte the night before the Bears' Week 6 game against the Carolina Panthers. In general, a misdemeanor assault is a Class 1 misdemeanor punishable by up to one year in jail. Normally a Simple Assault, under North Carolina General Statute 14-33, is defined and therefore sentenced as a “Class 2” misdemeanor. Time is often key in presenting an effective defense. Assault on a female is punished as a class A1 misdemeanor. The first element of assault on a female is the assault itself. If the defendant has prior convictions, the sentence can be as long as 60 days. An assault on a female charge is a specific assault crime. Assault with a deadly weapon occurs when a person uses a deadly weapon to commit the assault. There may be within those materials a Complaint and Motion for Domestic Violence Protective Order. For someone with an extensive record the maximum is 150 days. Being charged with assault does not necessarily require that you have put your hands on someone. When the matter comes on for hearing, the Defendant is not present. Domestic violence is not technically a separate criminal charge, but the Courts give special consideration to DV charges in Raleigh, including determining the manner in which bond is set and establishing the terms and conditions for release. Assault on a female does not involve the use of a deadly weapon, and it can only happen if the victim is a female and the perpetrator is a male of 18 years of age or older. - Assault on a female (N.C.G.S 14-33(c)(2)) - Assault a child under the age of 12 (N.C.G.S 14-33(c)(3)) - Assault inflicting serious injury or using a deadly weapon on a person in a personal relationship and in the presence of a minor. In order to prove you guilty of Assault on a Female, the Assistant District Attorney assigned to prosecute the matter must prove the following prima facie elements to the satisfaction of the Finder of Fact. 14-33 Assault on Female | Raleigh Criminal Defense Lawyer. A sporting event fight, for example, would be an affray, not assault. (2) Assaults a female, he being a male person at least 18 years of age; (3) Assaults a child under the age of 12 years; (4) Assaults an officer or employee of the State or any political subdivision of the State, when the officer or employee is discharging or attempting to discharge his official duties; A judge does not have to sentence you to jail time in this instance, and they are also allowed to issue a cost and fine, or sentence you to probation, either supervised or unsupervised. Lawyer's Assistant: Have you talked to a NC lawyer about the gun ownership? Our consultations are free. The second way that a person can be charged is through North Carolina’s private warrant system. Assault on a female sounds exactly like what it is: a male over the age of 18 commits an assault on a female. An Assault is typically seen as very serious violent crimes under North Carolina criminal laws.You do not even have to touch anyone to be charged with and found guilty of assault.When you are facing the possibility of a criminal record or even prison time, you need the … Unlike a restraining Order, which is a civil matter with the "victim" as a party, a criminal charge is the State versus the defendant. The incident may have been the result of uncontrolled anger, a one-time offense, or a slip-up that calls for rehabilitation, but not punishment. Your browser is out of date. North Carolina recognizes multiple different types of assault, including but not limited to: If the defendant and the alleged victim are married, have a child together, have dated, had a sexual relationship, and/or resided with one-another, there are instances where the assaultive behavior may be deemed by the courts “Acts of Domestic Violence.”. Dropping assault on female charges in NC. If you have been served with such paperwork, DO NOT ATTEMPT TO CONTACT the other party. Most of the time, assault and battery, assault, and affray are charged as Class 2 misdemeanors. Assault on a Female in North Carolina. 4.0 stars 33 reviews. Statements you make have the potential to be used against you in court. As stated above they are often reluctant to do so when the "victim" is a woman. Assault, Criminal Defense, Criminal Attorney. I was convicted of assault on a female. Assault charges are serious stuff. Private message. After his arrest and release from jail, the Defendant runs away, thus becoming a fugitive from justice. We serve clients throughout North Carolina including those in the following localities: Wake County including Apex, Cary, Garner, Holly Springs, Morrisville, Raleigh, and Wake Forest; Chatham County including Pittsboro; Durham County including Durham; Franklin County including Louisburg; Harnett County including Lillington; Johnston County including Smithfield; Nash County including Nashville; and Wayne County including Goldsboro. Is my right to purchase a firearm gone? Prior to a jury or judge deciding whether the accused is Innocent or Guilty, the State of North Carolina, through the District Attorney’s Office (the Prosecutor) must prove the prima facie elements of Assault on a Female: Assault a Female; Male Defendant; Defendant 18 Years Old or Older; The age of the victim in NC Assault on Female charges does not matter. Assault on a female allegations are very serious. While the victim is female, the defendant is not a male. Assault with a deadly weapon does not have a limit with … This can translate into a substantial difference in sentencing — for instance, someone who has no prior convictions would … I had two separate charges for assault on a female in 1995. Defendant is held for two days (48 hours) before he is released on a $2,500 secured bond. This would be the charge if you assault someone but it doesn’t fit the criteria to be charged as described above. When it comes to domestic households, this can be a common charge, since often, verbal arguments between people involved in a relationship can result in physical confrontations. You may face a jail sentence and fine and will have a permanent criminal record if you are convicted. Violating a 50B Order is also a Class A1 Misdemeanor. Below, we will describe the difference between the two, along with the penalties for these charges, and defenses that can be used to fight back against them. Our law office helps people in Wake County and the surrounding jurisdictions with complex legal matters involving domestic violence, assault charges, and 50B Orders. Assault on a Female is a Class A1 misdemeanor punishable by a maximum sentence of 150 days in jail. It carries up to 150 days in a jail, depending on the client’s record. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. N.C.G.S. The State may also bring a separate misdemeanor charge for failing to appear in court and answer the charges against him. The charges are connected to a domestic … 14-33 Assault on Female. Christopher Scott Horne, 49, was served a criminal summons Friday afternoon and is now on administrative duty pending the outcome of the case. I had two separate charges for assault on a female in 1995. A show of violence means that someone threatens violence without necessarily acting on it. Assault On A Female, Larceny: Latest Arrests In Cornelius - Cornelius, NC - Cornelius police arrested four people and nabbed 18 for speeding this week. Assault on a Female. § 14-33. North Carolina classifies assault charges into a number of classes based on the circumstance of your arrest. If you have been charged with assault on a female or have questions about a pending charge or recent conviction please contact Jetton & Meredith to set up a consultation with our knowledgeable attorneys. If you have been accused of committing assault on a female in Raleigh, it is important to seek legal representation. A jury may estimate the age of the Defendant by … Even if the alleged “victim” wants to drop the case, once North Carolina gets its hands on it, it will not let it go. This is an extremely common charge that can arise in the area of domestic households, as often times verbal arguments between people in a dating or marital relationship can lead to physical confrontations. Assault on a Female Charges in Raleigh | Raleigh, NC Assault Attorney Sparrow Law Firm. Assault on a female is a Class A1 misdemeanor. Prior results do not guarantee a similar outcome. That means you could be facing up to 150 days in jail if you are convicted. You have a Fifth Amendment right to remain silent. A 33 year old woman “takes a swing” at her coworker, attempting to punch her in the face. *Each case is different and must be evaluated on its individual facts. They are both included under the same general statute in … please update to most recent version. Criminal charges may also be brought with evidence of an attempt to use violence to injure someone. An active term of imprisonment is a very real possibility depending on a series of factors including: In some instances, a Class A1 Misdemeanor carries more consequences than even a low-level (Class H or Class I) felony. When a female is assaulted, it is considered a Class A1 misdemeanor that is punishable by a sentence of no more than 150 days imprisonment. As in any case of assault, a person charged with with assault on a female can raise the affirmative defense of self-defense. As bad as a jail term is, the serious repercussions of a domestic violence conviction last far longer. No. Call Raleigh Criminal Defense Lawyer John Fanney NOW. Due to COVID-19, we are providing FREE consultations via PHONE or VIDEO conferencing for your safety and convenience. Can I still possess a firearm. UNION COUNTY, NC (WBTV) - A Union County Sheriff’s deputy was charged with assault on a female and communicating threats Friday after an investigation conducted by the Sheriff’s Office. 4 attorney answers. I was convicted of assault on a female. The social worker also reports the incident to the Raleigh Police Department. In District Court, the Finder of Fact is the District Court Judge. North Carolina, it turns out, makes “[a]ssault[ing] a female” a class A1 misdemeanor, if the attacker is “a male person at least 18 years of age”; female-on-male, male-on-male, and female-on-female assaults are generally class 2 misdemeanors. The second element is one that is very important and requires that the defendant must be a male who is at least 18 years of age or older. A misdemeanor assault case is more common than a felony assault case. I would like to get a handgun permit but the county sheriff says I can't because of the charges. All assault and battery charges are serious, carrying the potential for long-term consequences including jail, probation, and community service. At Dummit Fradin, we take time to examine all the facts and evidence in your case. The assault on a female charge is probably not the only issue you are dealing with. Do not delay in talking to a lawyer. By Eugene Volokh on October 5, 2011 6:39 pm in Sex Discrimination North Carolina, it turns out, makes “ [a]ssault [ing] a female ” a class A1 misdemeanor, if the attacker is “a male person at least 18 years of age”; female-on-male, male-on-male, and female … The information on this website is for general information purposes only. This would be the charge if you assault someone but it doesn’t fit the criteria to be charged as described above. If the assault on a female charge involves a family member, someone you’ve lived with, someone you’ve had a dating relationship with, etc., they may seek protection from “future acts of domestic violence” by filing a type of lawsuit. Chapter 50B and is commonly referred to by criminal lawyers in Wake County as a “50B Order.” If you have been arrested for assault, make sure to carefully review the paperwork served upon you. Loading... Unsubscribe from Sparrow Law Firm? Assault is not technically the same as battery. Advise law enforcement you are “taking the fifth.” Ask to speak with a criminal lawyer. is not intended to create, and receipt or viewing does not constitute, The crime of assault on a female is a Class A1 misdemeanor, which can include a criminal sentence up to 150 days in jail. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. If no to both of those is there any way I can get my gun rights back? Punishable as a Class A1 misdemeanor, a first time offender with no prior convictions could spend up to 60 days in jail. Assault on a Female charges in North Carolina are set forth in the NC Criminal Laws 14-33(c)(2). *The testimonials listed do not reflect all of the feedback the firm has A jury may estimate the age of the Defendant by observing him in Court. If no to both of those is there any way I can get my gun rights back? Even though North Carolina lawmakers define assault differently from assault and battery, they are charged the same way. It is of merit to know that while these characteristics often describe domestic situations, not all domestic violence assaults can be charged as assault on a female. However, depending on the facts and circumstances in the case, you can face higher felony level charges. It is important to tell your attorney which of these describes your case because it can often change much of the process moving forward. No, the crime of Assault on a Female is a class A1 misdemeanor. 50B-1; Violation of a DVPO; Firearm Consequences 50B-1 ; Violation of a DVPO; Firearm Consequences. Someone commits simple assault if they unlawfully touch someone or perform a show of violence. A simple assault is the most basic type of assault. Do not say anything. There are two ways a person can be charged with assault on a female, the first way is the traditional officer charged case. 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