Representing Accused Individuals Facing Violent Crime Charges in North Carolina

If you’ve been charged with a violent crime, securing an experienced attorney is critical. At Dummit Fradin, we understand the overwhelming challenges you face when accused of a violent crime such as assault, robbery, or certain firearm charges. Our team is well-versed in North Carolina law and ready to aggressively defend your case. Our mission is to mitigate, or, where possible, eliminate, the legal consequences associated with violent crime charges. If you’re facing charges  consult with an experienced Dummit Fradin Criminal defense attorney before speaking to law enforcement.

How We Build Your Defense

Once you share details about your violent crime charges and the evidence against you, our team will assess the potential legal consequences and begin developing a strong defense strategy. We have a deep understanding of the statutory elements the state must prove to obtain a conviction for a violent crime, and we tailor our approach to protect your rights and future. At Dummit Fradin, we have extensive experience defending individuals across North Carolina accused of violent crimes, including assault, robbery, and other serious offenses. If you’ve been arrested in North Carolina, contact us immediately to discuss your case.

Dummit Fradin: Vigorous Defense Against Violent Crime Charges

From domestic violence to bar fights, violent crime charges like assault or robbery demand proactive representation and deep knowledge of North Carolina’s justice system. You’ve come to the right place.

The specifics of your violent crime case will shape our defense strategy. We thoroughly review police records, conduct independent investigations, and evaluate key factors: Are there witnesses, or is it a “he said/she said” situation? Is there physical evidence? Did the victim sustain bruises or require hospitalization? Are the violent crime allegations tied to a break-up, divorce, or child custody dispute? Who initiated the altercation? Who contacted the police? Was alcohol a factor?

Common Defenses for Violent Crime Charges

We explore all possible defenses, including self-defense, defense of others, or mistaken identity. Our team meticulously analyzes the circumstances of your case to determine if these defenses apply. We may also challenge the credibility of witnesses by exposing inconsistencies in their statements or biases that undermine their reliability. Additionally, we scrutinize the legality of evidence collection, such as whether police followed proper procedures during searches or arrests, to suppress unlawfully obtained evidence.

Dummit Fradin’s criminal defense attorneys will vigorously represent you, no matter what the charges:

Understanding Violent Crime in North Carolina

Our attorneys stay informed on these trends to anticipate prosecutorial strategies and build stronger defenses, whether you’re in Winston-Salem, Greensboro, or a rural county.

Navigating North Carolina’s Judicial System

North Carolina’s criminal justice process is complex, with 43 prosecutorial districts and a unified General Court of Justice. Here’s what to expect:

1. Arrest and First Appearance: After an arrest, you’ll be brought before a magistrate, typically within hours, who will inform you of the charges, set bail or bond conditions based on factors like flight risk and the severity of the offense, and advise you of your constitutional rights, including the right to an attorney. If you cannot afford one, a public defender may be appointed. Our attorneys can intervene early to argue for reasonable bail or release on your own recognizance, ensuring you’re not unfairly detained.
2. Probable Cause Hearing: For felony charges, a probable cause hearing is held in District Court, usually within 15 days of arrest, to determine if sufficient evidence exists to move the case forward to Superior Court. The prosecution presents evidence, and we aggressively challenge weak or unreliable evidence to seek dismissal or reduction of charges. For misdemeanors, this step is typically bypassed, and the case proceeds directly to trial.
3. Trial: Misdemeanor cases are handled in District Court, often before a judge, while felony cases are tried in Superior Court, where a jury trial is common unless waived. Our team prepares a comprehensive defense, including cross-examining witnesses, presenting exculpatory evidence, and filing motions to exclude improper evidence. We tailor our trial strategy to the specifics of your case, whether it’s a bench trial or a jury trial, to maximize your chances of a favorable outcome.
4. Sentencing: If convicted, sentencing follows North Carolina’s Structured Sentencing guidelines, which dictate penalties based on the crime’s severity (e.g., Class A felony to Class I felony for violent crimes) and your prior criminal record. Judges consider aggravating or mitigating factors, such as the extent of injury or your role in the offense. We advocate for leniency, presenting compelling mitigating evidence, and explore alternatives like probation or community service when appropriate to minimize penalties.

Our team guides you through each step, from challenging evidence to negotiating with District Attorneys. We meticulously analyze case details, explore legal defenses like self-defense or lack of intent, and work to suppress unreliable evidence. Whether advocating for reduced charges, pursuing acquittals, or preparing impactful courtroom strategies, our attorneys provide clear communication and relentless support to navigate the complexities of North Carolina’s judicial system, ensuring your rights are protected at every stage.

Why Choose Dummit Fradin?

With decades of experience, our attorneys have successfully defended clients across the Piedmont Triad, from Greensboro’s urban courts to rural Surry County. We’ve secured reduced charges, acquittals, and fair plea deals. Our approach is:

• Client-Focused: We listen to your story and tailor our defense to your needs.
• Strategic: We challenge weak evidence, question witnesses, and explore every legal avenue.
• Responsive: We prioritize prompt communication and are available for consultations during business hours, with flexible scheduling for urgent post-arrest needs.

“…he was able to DISMISS a felony and get it expunged less than 5 months.” – Kathy C.

Understanding Violent Crime Statutes in North Carolina

Violent crimes in North Carolina are governed by a comprehensive set of statutes that outline offenses, penalties, and legal defenses. This section explores key general statutes related to assaults, robbery, kidnapping, rape and sex offenses, domestic violence, and habitual felon laws, providing insight into the state’s criminal justice framework.

Assaults: From Misdemeanors to Felonies

Assault offenses in North Carolina range from minor acts of violence to severe attacks involving deadly weapons. The state’s statutes, found in Article 8, address various forms of assault with corresponding penalties.

• Misdemeanor Assault (G.S. 14-33): This includes simple assault, assault on a female (if the defendant is male and over 18), and assault on a child under 12. These are classified as Class A1 or Class 2 misdemeanors, carrying penalties of up to 60–150 days in jail, depending on the offense and prior convictions.

• Felonious Assault with a Deadly Weapon (G.S. 14-32): More serious assaults involve deadly weapons or serious injury. Assault with a deadly weapon with intent to kill and inflict serious injury is a Class C felony, punishable by 44–182 months in prison. If serious injury occurs without intent to kill, it’s a Class E felony with 15–63 months imprisonment. Assault with a deadly weapon alone is also a Class E felony.

• Discharging a Firearm into Occupied Property (G.S. 14-34.1): Intentionally or recklessly firing into an occupied building or vehicle is a Class E felony, escalating to a Class D felony if serious injury results.

• Misdemeanor Crime of Domestic Violence (G.S. 14-32.5): This statute covers physical force or threats with a deadly weapon against a current/former spouse, cohabitant, or dating partner. It’s a Class A1 misdemeanor, with up to 150 days in jail, and aligns with federal law to restrict firearm possession under 18 U.S.C. § 922(g)(9).

Rape and Sex Offenses: Severe Penalties for Sexual Violence

Articles 7A and 7B outline statutes for rape and other sex offenses, with penalties reflecting the severity of these crimes.

• First-Degree Forcible Rape (G.S. 14-27.21): This involves vaginal intercourse by force, with a deadly weapon, in concert with others, or causing serious injury. It’s a Class B1 felony, punishable by 144 months to life without parole.

• Second-Degree Forcible Rape (G.S. 14-27.22): Forcible rape without aggravating factors is a Class C felony, with 231 months imprisonment.

• Forcible Sexual Offenses (G.S. 14-27.26, 14-27.27): These involve sexual acts other than vaginal intercourse. First-degree is a Class B1 felony, and second-degree is a Class C felony.

• Sexual Battery (G.S. 14-27.33): Sexual contact by force or for arousal without consent is a Class A1 misdemeanor, with up to 150 days in jail.

Domestic Violence: Protective Measures and Penalties

Domestic violence is addressed through specific statutes and protective orders, ensuring victim safety and accountability.

• Domestic Violence Protective Orders (G.S. 50B-1 et seq.): Victims can seek civil protective orders under Chapter 50B. Violating a protective order (G.S. 50B-4.1) is a Class A1 misdemeanor (up to 150 days in jail) or a Class H felony for repeat offenses or use of a deadly weapon (up to 39  months).

• Stalking (G.S. 14-277.3A): Willful conduct causing fear, including in domestic contexts, is a Class A1 misdemeanor. Violating a court order elevates it to a Class F felony.

Habitual and Violent Felon Laws: Enhanced Sentencing

North Carolina imposes harsher penalties for repeat offenders through habitual felon statutes.

• Habitual Felons (G.S. 14-7.1 et seq.): A person with three prior felony convictions faces sentencing as a Class C felony for any subsequent felony.

• Violent Habitual Felons (G.S. 14-7.7 et seq.): Two prior violent felony convictions (e.g., rape, robbery) result in life imprisonment without parole for a third violent felony.

Additional Context: Sentencing, Defenses, and Federal Implications

• Felony and Misdemeanor Classifications: Felonies range from Class A (most severe) to Class I (least severe), while misdemeanors are classified as A1, 1, 2, or 3. Sentencing depends on the offense class and prior record level, per G.S. 15A-1340.17. Courts may impose prison time, probation, or community punishment, with aggravated sentences possible for egregious crimes.

• Self-Defense: G.S. 14-51.3 permits force, including deadly force, without a duty to retreat if necessary to prevent imminent harm. The Castle Doctrine (G.S. 14-51.2) allows deadly force to protect one’s home, vehicle, or workplace under specific conditions. Self-defense claims require supporting evidence.

• Federal Firearm Bans: Convictions under statutes like G.S. 14-32.5 trigger federal firearm restrictions under 18 U.S.C. § 922(g)(9), aligning with cases like United States v. Vinson (2015).

• Gang-Related Violence: The North Carolina Criminal Gang Suppression Act (G.S. 14-50.16A et seq.) enhances penalties for gang-related crimes, such as intimidation or retaliation.

Key Takeaways for Navigating North Carolina’s Violent Crime Laws

North Carolina’s violent crime statutes provide a structured approach to addressing offenses like assault, robbery, kidnapping, sexual violence, and domestic abuse. By understanding these laws, individuals can better navigate the legal system, whether as victims, defendants, or advocates. For more details, consult the North Carolina General Statutes or seek legal counsel with one of our Criminal Defense Attorneys to ensure accurate application of these laws.

Contact Dummit Fradin Today

If you or a loved one are facing violent crime charges in North Carolina, don’t face the legal system alone. The experienced criminal defense attorneys at Dummit Fradin are here to provide aggressive, personalized representation to protect your rights and fight for the best possible outcome. Time is critical—call us now for a free initial consultation at (877) 978-3218 or contact us through our online form to schedule an appointment.

Let us start building your defense today!