Violent Crimes in North Carolina: Types, Penalties, & Defense Options

If you or a loved one has been arrested or charged with a violent crime, it’s important to familiarize yourself with the types of violent crimes in North Carolina. It can also be helpful to understand the possible defenses and penalties associated with a violent crime conviction. Be sure to consult a Gastonia, NC, violent crimes attorney as soon as possible when you are arrested.

When Should I Hire a Violent Crimes Lawyer?

In North Carolina, a violent crime is defined as using actual force or the threat of force against another person. These are some common violent crime charges you may encounter:

• Aggravated assault is an attack against a person with the intent to cause serious bodily harm, often involving a weapon.
• Assault involves intentionally putting another person in reasonable fear of imminent harm.
• Battery is the realized, unlawful physical contact against another person.
• Domestic violence encompasses abusive acts committed by a person against someone with whom they have a personal relationship.
• Murder refers to an intentional killing with malicious premeditation.
• Manslaughter can refer to either an unintentional killing or an intentional killing without malice aforethought.
• Sexual assault covers various offenses, including rape, but the overall type of crime is defined by non-consensual sexual contact.
• Robbery is the unlawful taking of another’s personal property either by force, through intimidation, or against their will.

In 2023, the overall violent crime rate across North Carolina was 412.8 instances reported per 100,000 people. It’s highly recommended that you hire a violent crimes lawyer to give yourself the strongest defense possible. A defense attorney is qualified to protect your rights and make sure you are treated fairly throughout the criminal court process.

For cities in Gaston County, such as Gastonia, Mount Holly, and Belmont, violent crime cases are most likely to be processed at the county courthouse. The Gaston County Courthouse is located at 325 Dr. Martin Luther King Jr. Way, Gastonia, NC 28052.

Potential Penalties for a Violent Crime Conviction

If convicted of a violent crime, the penalties you could face depend on various factors. The severity of the punishment should ideally match the seriousness of the crime itself. Having an experienced defense attorney can help keep your penalties from being excessive for the offense.

Factors that can influence criminal sentencing for a violent crime include:

• The defendant’s previous criminal history
• The class of the crime
• Whether there are any mitigating or aggravating circumstances

Since there is a range of violent crimes, specific penalties can differ. Generally, punishment includes a prison sentence, with more severe cases ranging from lengthy incarceration to life imprisonment without parole to, potentially, even the death penalty.

Some less severe violent crime convictions may be eligible for probation in place of prison. Penalties also often include hefty fines and any other conditions or restrictions set by the court, such as strict probation requirements.

What Is the Defense Against a Violent Crimes Claim?

There are multiple defense approaches and strategies your violent crime lawyer may use when developing an argument on your behalf. A skilled criminal defense attorney can review the circumstances of your case. Then, they can determine what defense strategies may be most effective before discussing the legal options with you.

Common defenses for a violent crime charge include:

• Providing an alibi for the time the crime was committed
• Asserting that it was a case of mistaken identity
• Claiming that the accusations are false

Your legal counsel may also try to defend against the prosecution’s case by questioning witness testimonials, proving that you acted in self-defense, or demonstrating law enforcement bias.

FAQs About Violent Crimes in North Carolina

What Counts as a Violent Crime in North Carolina?

In North Carolina, any show or threat of force committed by a person against someone else generally counts as a type of violent crime. These charges may apply, no matter of whether the offense involved the use of weapons and whether any actual physical injury was inflicted.

Violent crimes are a category of offenses, including:

• Assault
• Battery
• Rape
• Robbery
• Murder
• Domestic violence

If you have questions about what’s considered a violent crime, consult your defense attorney.

Do I Need a Lawyer for a Violent Crime in NC?

It is not legally required for you to hire a defense lawyer after you’ve been arrested or charged with a violent crime. However, it is highly recommended that you consult experienced legal counsel.

It can be incredibly beneficial to allow a skilled criminal defense professional to represent you against violent crime charges. An attorney has a deep understanding of criminal law and defense strategies, allowing them to more effectively represent you than if you tried representing yourself.

What Are the Penalties for Violent Crime in NC?

The legal penalties for a violent crime in North Carolina typically include fines and an incarceration sentence or a probation program. Some violent offenses may even be punishable by the death penalty. The specific punishment you may face if convicted of a violent crime can vary, depending on several factors.

These include:

• The defendant’s criminal history
• The nature of the crime itself
• Whether another person was seriously harmed or killed
• Whether a weapon was used while committing the offense

Can a Violent Crime Charge Be Dropped in NC?

In North Carolina, it may be possible in some cases for violent crime charges to be dropped, but this is never guaranteed. To find out whether getting the specific charges against you dropped may be a feasible option, consult your defense lawyer.

Generally, violent crime charges may only be dropped in cases where the prosecutor deems it acceptable. Therefore, even if the alleged victim wants to drop the charges, that doesn’t necessarily mean the prosecution will do so.

Speak With a Violent Crimes Defense Attorney

You can trust The Law Firm of Brent D. Ratchford to effectively represent and defend you in your violent crime case. Reach out to our team today to schedule a consultation with a skilled and experienced violent crime defense attorney.