Common Domestic Offenses in North Carolina

by | Jun 18, 2019 | Blog Posts, NC Criminal Defense

Common domestic offenses include a wide variety of misdemeanor and felony criminal charges. Almost all of these offenses can be non-domestic as well. When one of these common domestic offenses is, in fact, domestic in nature, the class of the offense is not elevated. Additionally, a domestic offense does not carry any greater maximum potential for jail or prison time, as North Carolina uses structured sentencing.

However, in some counties, such as Mecklenburg County, when a crime is a domestic crime, the matter is handled in a specific domestic violence courtroom. Domestic violence courtrooms typically have some special rules, and, short of a trial, it can be difficult to work out a favorable outcome for the defendant.

Further, there may be some variations regarding conditions of bond, if the defendant is arrested. For example, if the defendant and the prosecuting witness live together, the defendant will typically face a 48-hour lock up. Further, there is typically a condition of release that forbids the defendant from going near or communicating with the prosecuting witness.

Below, we have listed some common North Carolina crimes that are often seen in the domestic context. This list is non-exhaustive, and such offenses are only considered domestic in nature if the parties are involved in a current or former domestic relationship (for example, if they are/were dating).

Common domestic offenses in North Carolina

Assault on a female

This is by far one of the most common misdemeanor offenses that we see in North Carolina domestic violence courtrooms. Assault on a female is punished as a Class A1 misdemeanor and is sentenced according to North Carolina’s misdemeanor sentencing guidelines. You can learn more about assault on a female here.

Simple assault

Simple assault is a Class 2 misdemeanor and is sentenced according to North Carolina’s misdemeanor sentencing guidelines. You can learn more about simple assault here.

Assault with a deadly weapon

Assault with a deadly weapon is punished as a Class A1 misdemeanor and is sentenced according to North Carolina’s misdemeanor sentencing guidelines. You can learn more about assault with a deadly weapon here.

Violation of a Domestic Violence Protective Order (DVPO)

Violation of a DVPO, which most people know as a “restraining order” is a Class A1 misdemeanor and is sentenced according to North Carolina’s misdemeanor sentencing guidelines. You can learn more about this domestic offense here.

Communicating threats

Communicating threats is a Class 1 misdemeanor and is sentenced according to North Carolina’s misdemeanor sentencing guidelines. You can learn more about communicating threats here.

Domestic criminal trespass

This domestic crime can be a Class 1 misdemeanor or a Class G felony. Click here to learn more.

Injury to real property and injury to personal property

These crimes can either be a Class 1 or a Class 2 misdemeanor. Click here to learn more.

Stalking

Stalking is punished as a Class A1 misdemeanor and is sentenced according to North Carolina’s misdemeanor sentencing guidelines. You can learn more about stalking here.

Cybercrimes

Cybercrimes include offenses such as cyber stalking and disclosure of private images. Click here to learn more.

False imprisonment

False imprisonment is punished as a Class 1 misdemeanor and is sentenced according to North Carolina’s misdemeanor sentencing guidelines. You can learn more about felonious restraint here.

Secret Peeping

Secret peeping can be a felony or a misdemeanor. It can be a Class 1 or Class A1 misdemeanor, or a Class H or Glass G felony. You can learn more about secret peeping here.

Felonious restraint

Felonious restraint is punished as a Class F felony and is sentenced according to the North Carolina felony sentencing guidelines. You can learn more about felonious restraint here.

Assault by strangulation

Assault by strangulation is punished as a Class H felony and is sentenced according to the North Carolina felony sentencing guidelines. You can learn more about assault by strangulation here.

Forcible rape and forcible sex offense

These are serious felonies that range in from Class B1 felonies to Class C felonies. These crimes are punished according to the North Carolina felony sentencing guidelines. You can learn more about forcible rape and forcible sex offense here.

 

Pretty much any crime can be committed in a domestic capacity. We have just listed some of the common crimes that we see in domestic violence court. If you have been charged with a crime in North Carolina or South Carolina, whether domestic or non-domestic, contact us to speak with a criminal defense attorney.

DISCLAIMER – This forum is intended for general questions and comments about the particular law or topic. Comments are public and are not protected by confidentiality or attorney-client privilege; therefore, they can be used against you in court. Please refrain from revealing your identify or specifics about any actual criminal case. No attorney-client relationship is created in this forum.

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