North Carolina General Statute § 14-32.5 - Misdemeanor Crime of Domestic Violence

The crime of domestic violence is defined in North Carolina General Statute § 14-32.5. This webpage examines the key elements of criminal law and its implications for those facing charges in Wake County NC.

What is Domestic Violence?

N.C.G.S. § 14-32.5 makes it unlawful to use or attempt to use physical force, or threaten the use of a deadly weapon, against certain individuals with whom the accused (the person facing criminal charges) has a specific relationship.

John Fanney, a seasoned Raleigh criminal defense attorney, explains, "The domestic violence statute in North Carolina encompasses a wide range of actions against family members and romantic partners. It's important to understand that even threats can lead to charges under this law."

Do You Need a Lawyer for Domestic Violence Charges?

This offense is classified as a Class A1 misdemeanor, the most severe misdemeanor category in North Carolina.

The prosecution (the ADA - Assistant District Attorney) must demonstrate that the defendant acted with specific intent against a person with whom they have a qualifying relationship.

Generally, domestic violence may include related criminal allegations of simple assault, assault on a female, communicating threats, assault with a deadly weapon, and felony assault by strangulation.

What Types of Relationships Are Covered Under the DV Law?

The NC criminal law defines the relationships that qualify for criminal charges:

1. Current or former spouses
2. Parents or guardians of the victim
3. Persons sharing a child with the victim
4. Current or former cohabitants in a spousal, parental, or guardian-like capacity
5. Individuals in relationships that are similar to a spouse, parent, or guardian
6. Persons in current or recent former dating relationships

"The breadth of relationships covered by this statute often surprises clients. It's not necessarily limited to married couples or people who live together."

- John Fanney, Wake County Criminal Defense Lawyer

The Dating Relationship Clause

The inclusion of dating relationships is particularly significant. The statute references 18 U.S.C. § 921 for the definition of a "dating relationship," potentially encompassing various types of romantic or intimate associations.

Elements Prosecutors Must Prove

To secure a conviction under North Carolina General Statute § 14-32.5, the prosecution needs to establish:

1. The defendant used, attempted to use physical force, or threatened to use a deadly weapon
2. The action was directed at an individual with whom the defendant has a qualifying relationship
3. The defendant acted with intent

Notably, actual physical contact (assault and battery) isn't necessary for charges under this statute. Attempts or threats can suffice.

Real-World Examples

Consider these hypothetical scenarios to understand how the law might apply:

1. Likely NOT constituting misdemeanor domestic violence: Jane and her husband Tom are arguing about finances. Tom raises his voice and gestures with his hands, but never makes physical contact or threatens Jane with a weapon. While upsetting, Tom's actions likely wouldn't constitute misdemeanor domestic violence under N.C.G.S. § 14-32.5, as there was no use or attempt to use physical force, nor any threat involving a deadly weapon.
2. Likely would be misdemeanor domestic violence: Mark and his ex-girlfriend Sarah run into each other at Alchemy on Glenwood Road in Raleigh. They begin arguing about their past relationship. As the argument escalates, Mark grabs Sarah's arm forcefully and says, "You never shut your mouth. You make me crazy. You really make me want to hurt you." Even though Mark didn't use a weapon, his use of physical force (grabbing Sarah's arm) against a person with whom he had a dating relationship could result in charges under G.S. § 14-32.5.

These examples illustrate the nuances of the law and how specific actions and relationships can determine whether a situation falls under the misdemeanor domestic violence statute in North Carolina.

Potential Legal Defenses

When confronting charges under G.S. § 14-32.5, several defenses may be applicable:

• Self-defense or defense of others
• Lack of specific intent - mens rea
• Challenging the relationship qualification
• Asserting insufficient evidence

Each case presents unique circumstances, necessitating a tailored defense strategy.

Consequences of Conviction

A conviction under this statute can result in:

• Up to 150 days of incarceration, depending on your PRL - Prior Record Level (prior criminal history)
• Court costs and fines
• Participation in Domestic Violence education and treatment programs
• Criminal record affecting future opportunities
• Potential loss of certain firearm rights

Beyond these direct penalties, a conviction may impact child custody arrangements, housing options, employment prospects, and immigration status for non-citizens.

Wake County's Approach to Domestic Violence Cases

Wake County has implemented a specialized Domestic Violence Unit within its court system, handling both civil and criminal cases. This unit aims to provide a coordinated response to domestic violence situations in Raleigh and surrounding areas.

Why You Should Take the Fifth

John Fanney observes, "The dedicated Domestic Violence Unit in Wake County demonstrates our community's commitment to addressing these cases comprehensively. It's crucial for defendants to understand how this specialized approach might affect their case."

Common Misconceptions about DV charges

Misunderstandings about misdemeanor domestic violence charges in Raleigh NC are somewhat common. We think it’s a good idea to understand:

1. The misdemeanor classification doesn't diminish the seriousness of DV criminal charges and the potential long-term consequences of a conviction
2. Legal representation, while not required, is advisable
3. Prosecutors in Wake County, not the alleged victim, decide whether to pursue charges or dismiss the charges. Prosecutors will seek the input of the alleged victim of domestic violence, but the Assistant District Attorney maintains substantial discretion in determining how to proceed in court
4. The NC domestic violence law applies to a wide range of relationships, not just marriages or to parents with a child or children in common
5. Charges can result even without physical contact. Threats of violence are sufficient for criminal charges.

The Role of Legal Representation

Given the complexities of domestic violence cases and their potential consequences, seeking experienced legal counsel is advisable. An attorney with substantial courtroom experience in Wake County can explain your legal options and advocate for your best interests.

Criminal lawyers:

1. Assess the strength of the prosecution's case
2. Identify viable defense strategies
3. Negotiate for reduced charges or alternative resolutions, when possible
4. Provide legal representation in court proceedings and trials, as appropriate
5. Advise you about the potential collateral consequences of a conviction for domestic violence

Concluding Thoughts

In Wake County, charges under North Carolina General Statute § 14-32.5 carry significant weight. The law's complexity, encompassing various relationship qualifications and potentially severe penalties, underscores the importance of experienced legal representation.

John Fanney is a Board Certified Criminal Defense Lawyer with extensive experience in Raleigh's courts. From explaining your rights to crafting a defense strategy tailored to the unique aspects of your criminal charges in Wake County, professional legal counsel can be invaluable in addressing the short-term and long-term implications of domestic violence charges. Call John Fanney now: 919-617-7009

Remember, each case is unique. The specific circumstances surrounding your situation can significantly influence the outcome. If you're facing charges under North Carolina General Statute § 14-32.5 - Misdemeanor Crime of Domestic Violence, don't hesitate to seek professional legal assistance. With more than 30 years of experience handling domestic violence cases in Wake County NC, John Fanney stands ready to help you understand your options and help protect your rights.

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