North Carolina Criminal Law Updates
No one plans to get arrested for assault charges or spend the night (or more) in jail.
Allegations of assault or “assault and battery” tend to be related to pre-existing tensions, hard feelings, and in some instances, the overconsumption of alcohol.
That’s especially true when charges involve Domestic Violence issues.
Even people with good relationships and long-standing friendships can let emotions and occasional angry feelings get the best of them.
There is no single type of person who gets arrested for assault or the often-related charge of Communicating Threats.
Each case, like the clients themselves, are unique. It’s important to consider the background circumstances – Danny Glover, OBX Criminal Lawyer
What led up to an arrest for assault can play an important role in how to best handle the charges.
Certain cases merit Anger Management classes or treatment, an Alcohol Assessment, and even a letter of apology if appropriate.
Other charges stem from false accusations and an attempt to manipulate the system.
Some alleged “victims” turn out to be, in fact, the aggressor.
Do I need a lawyer for Assault Charges?
Retaining a criminal defense lawyer is not required.
You may serve as your own attorney in North Carolina.
At the same time, if the law got involved, if you or a loved one has been arrested and is facing accusations of domestic violence, Assault on a Female, or a related battery, we think it’s a good idea to have a defense lawyer standing by your side in court.
Assault charges in NC can vary in level and severity.
Going to court by yourself, hoping to offer an apology or explain-away a “bad decision,” puts you at a tremendous disadvantage.
If a Magistrate Judge or Police Officer took the necessary steps to arrest someone or establish Probable Cause to proceed forward, it’s a good idea to exercise your right to an attorney.
Lawyers do more than just defend criminal charges at trial. We help explain the legal system to people accused of crimes, looking for solutions to avoid unnecessary litigation or criminal convictions when possible – Dany Glover
Certain criminal matters are more conducive to negotiating non-trial dispositions.
There may be options for a dismissal of charges including:
- Deferred Disposition or Deferred Prosecution
- Community Service
- Substance Abuse Treatment
- Mental Health Assessment / Treatment
- 15A Conditional Discharge
What happens if the other person started the fight?
Assault charges can be two-sided affairs.
More than one party can be charged and arrested for assault or even an affray, which is the voluntary participation in a fight.
And what may have ordinarily been a misdemeanor assault charge can end with felony charges, if someone suffers serious bodily injury or harm.
With the introduction of a weapon or bad intent, felony charges are not unheard of. If you stand accused of a felony, we recommend you take the 5th and lawyer up – Danny Glover
Defending yourself and possibly the defense of others may serve as a valid defense to assault charges. Those are traditional defenses under the common law.
Escalating a fight, introducing a weapon after being assaulted, may not necessarily serve as a defense.
The NC criminal laws take into consideration the nature, circumstances, and the reasonableness of our actions.
Outer Banks Lawyers who handle Assault Charges
Danny Glover Jr. is a local OBX lawyer who helps people with criminal charges, including both misdemeanor and felony assault charges.
Sometimes that comes in the form of DV – Domestic Violence allegations and a 50B Order. Other matters can involve a fist-fight and too much drinking while on vacation – Danny Glover
The Danny Glover Law Firm is dedicated to thoughtful, compassionate legal representation. We help people get through difficult times.
Our job is not to judge you or mistakes you may have made.
We carefully analyze what led up to the assault charges, looking for ways to limit if not eliminate possible long-term consequences.
That may involve counseling clients to obtain an alcohol or drug assessment, mental health care, or to consider negotiating a plea.
Danny Glover does not charge for legal consultations.
You can call the office, set up an appointment, ask questions free fo charge.
Helping you understand the charges and what you face is an important part of what criminal lawyers do to help people – Danny Glover, OBX Criminal Defense Attorney
Email Danny Glover Jr. at Danny@DannyGloverLawFirm.com
Related Criminal Charges and Legal Information
- DVPO – Outer Banks Domestic Violence Protective Orders
- What is an Indictment?
- What does Waiving Probable Cause mean?
- Does a Criminal Summons require me to come back for court?