Accused of Assault on a Female?
Our Defense Attorneys in Winston-Salem,
Greensboro, and High Point Can Help!
Greensboro, and High Point Can Help!
An assault on a female accusation can have
significant and long-term effects on your
future. A conviction can be devastating.
But you do have options.
Contact us today.
Let’s get started on your defense.
Four convenient offices in Winston-Salem, Greensboro, and High Point, NC!
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Assault on a Female or Domestic Violence
What’s the Difference?
A Domestic Violence Protective Order (50B) is a civil order prohibiting contact between two people who have a close relationship, for example, they have lived together, they have a child in common, or they are parent and child. If this order is violated it can, and often does, lead to a criminal charge. Assault on a Female is a criminal charge. The parties involved do not need to have an established relationship of any kind. The male accused must be over the age of 18. That’s the only restriction. Assault on a Female is a charge that very often stems from the violation of a Domestic Violence Protective Order (DVPO). Therefore, the North Carolina court system treats them in a very similar manner.
If convicted:
- You will lose the right to lawfully possess a firearm
- You could face jail time
- The charge can never be expunged from your record.
If you’ve been accused of Assault on a Female, it’s imperative that you have an experienced trial attorney at your side.
Begin Your Free Defense Analysis by Calling: (877) 978-3218
Our Experienced Criminal Defense Attorneys Stand with You
There are two sides to every story. Never is that more important than when you are faced with the accusation of an assault on a female. Because of the recent rise of domestic violence around the country, prosecutors in North Carolina, as well as other States, are reluctant to dismiss or reduce assault on a female charges even when there is evidence showing innocence. Here, at Dummit Fradin, we have handled hundreds of these cases, many ending with dismissals or not-guilty verdicts. Our attorneys know how to navigate the legal system and tell your side. Our Defense Team of attorneys and paralegals work together to formulate your defense strategy and get an outcome you can be pleased with.
When You Need a Vigorous and Stalwart Defense, We Provide
Assault on a female is a Class A1 Misdemeanor under N.C.G.S. § 14-33. If convicted, you could face up to 60 days in jail. If a deadly weapon or strangulation was used during the alleged assault, the charge is elevated to a felony with harsher sentences. Either one of these charges could lessen your ability to keep a stable job, secure loans or housing, or negatively impact a custody battle. We will take time to examine all the facts and evidence surrounding your case. We have over 30 years of experience in criminal cases and have successfully defended thousands of clients in High Point, Greensboro, and Winston-Salem. We understand that not every situation is as straightforward as it seems on the surface.
Some of the questions we ask are:
The Myth of the 48-Hour Hold
Many people believe that if they are arrested with an assault on a female, they will automatically have to spend 48 hours in jail. This is actually not true. In North Carolina you have a constitutional right to go before a judge within those 48 hours.
But, how did this myth start? In 1979 Governor Hunt, formally recognized that domestic violence was a problem and created a task force to tackle the issue. Not long after that the North Carolina General Assembly passed Senate Bill 171, which was codified as N.C.G.S. § 15A-534.1. Initially it enacted the 48 hour hold as a “cooling off” period. But, this was quickly abused and led to defendants just sitting in jail for a full 48 hours or even longer if a judge was unavailable. Because of this the North Carolina Supreme Court attempted to address the issue with State v Thompson. They determined that a defendant has a constitutional right to see the first judge that is available for a bond hearing within a 48 hour period.
The rule comes from G.S. 15A-534.1, which states that a judge must set a defendants pretrial release conditions during the first 48 hours after the offense.
“A defendant may be retained in custody not more than 48 hours from the time of arrest without a determination being made under this section by a judge. If a judge has not acted pursuant to this section within 48 hours of arrest, the magistrate shall act under the provisions of this section.”
Magistrates are frequently tasked with setting the pretrial release conditions. But, their authority doesn’t take effect until the defendant has been in custody for over 48 hours without having seen a judge.
Something to keep in mind, if a judge deems that a defendant needs to “cool down”, they may detain the defendant for a “reasonable period of time”, with proper findings, to allow for it. However, that period of time is after the bond hearing. G.S. 15A-543.1(a)(1)
We’re There for You
There are viable defenses to assault, including self-defense, defense of others, and more. Dummit Fradin’s criminal defense attorneys will vigorously represent you, no matter what the charges. When everyone else is against you, we’re there.
Contact our experienced legal team today to begin addressing your serious legal matter.
Visit One of Our Office Locations
Winston-Salem
Criminal Attorneys
1133 West First Street
Winston-Salem, NC 27101
(336) 485-4907
Winston-Salem
Family Law Attorneys
3400 Healy Drive
Winston-Salem, NC 27103
(336) 962-7221
Greensboro
Criminal, Family, & Immigration Law
328 E. Market Street
Greensboro, NC 27401
(336) 360-5528
High Point
Criminal & Injury Law
820 North Elm Street
High Point, NC 27262
(336) 814-8118
Our service area includes Forsyth County, Guilford County, Surry County, Stokes County, Yadkin County, Davie County, Davidson County, Randolph County, and Alamance County.