“Don’t turn it into a federal case.” You’ve may have heard that saying, understanding it means making something more serious than it should be. An indictment and charges in federal court are actually very serious. Media reporting in Charlotte has left some to ask, “Is domestic violence a Federal Offense?”
While that may be the case in Charlotte, it’s reasonable to ask, “Is that true in eastern North Carolina and the OBX too? Will all US Attorney offices in North Carolina start prosecuting federal offenses related to DV charges?”
Local Charlotte TV station WSOCTV reports that Andrew Murray, the United States Attorney appointed by President Trump as the chief prosecutor in the federal court system in the Western District of North Carolina, is considering whether federal charges may also be appropriate in certain circumstances.
Ordinarily, allegations of domestic violence are related to violations of the NC criminal laws for allegations such as assault by strangulation (felony), felony assault inflicting serious bodily injury, simple assault, and assault on a female.
There is technically a wide range of different criminal allegations that may qualify as “domestic violence.” They may include an indictment and arrests for felony and misdemeanor charges.
Ordinarily the District Attorney’s Office prosecutes domestic violence charges for Outer Banks charges. That’s not absolute. There are intances when an indictment for a federal offense is legal under the Constitution – Danny Glover, OBX Criminal Lawyer
Certain cases very may qualify as US Code Violations and therefore can result in prosecution by the US Attorney’s Office in the Eastern District North Carolina
Federal Court vs. State Court – Felony or Misdemeanor – Federal Offense
There are actually two legal systems at work, both operating at the same time under different laws.
The United States Congress has established both civil and criminal laws under the United States Code (U.S.C.). Such laws are subject to the United States Constitution.
The US Constitution is applied to states under the 14th Amendment. Some may be surprised to learn there is a separate, distinct North Carolina Constitution.
It can get pretty complicated. Given the possible consequences of any conviction, we firmly believe it’s a good idea to seek legal representation without delay – Danny Glover
There are also NC Criminal Laws, as implemented by the General Assembly in Raleigh, that are prosecuted by local offices of the District Attorney.
North Carolina also still recognizes a certain number of “Common Law” criminal offenses that originated in Great Brittain. Criminal procedure in court and the criminal statutes (including some motor-vehicle-related offenses) are within Chapter 15, Chapter 15A, Chapter 20, and Chapter 14.
Laws imposed by legislative bodies are referred to as “statutory offenses.”
Double Jeopardy does not necessarily prevent or preclude prosecution by both the United States, through the US Attorneys Offense, and the DA’s Office. The US government and the State of North Carolina are considered “separate sovereigns.”
OBX Domestic Violence Charges – Restraining Orders DVPO
- Restraining Orders
- What is a 50B?
- Assault with a Deadly Weapon Inflicting Serious Injury
- Domestic Violence
- DVPO Complaints
- DVPO Tactics
Criminal Defense Lawyer: Danny Glover Outer Banks Attorney
If you Googled, “Lawyers Near Me” on the Outer Banks, we’re here to help. Danny Glover is an experienced courtroom lawyer and advocate.
Our legal system has become increasingly complex. If you’ve been indicted or arrested for DV charges, call us. We’ll sit down and talk to you about your legal options – Danny Glover, OBX Lawyer
Legal consultations for OBX criminal charges are free of charge. Everything you tell us is considered confidential and otherwise subject to the “attorney-client” privilege.
Call now to schedule an office visit with attorney Danny Glover Jr.