Derek M. Gray
Attorney
No matter the level of the offense, domestic violence is always a serious criminal charge. When you are the defendant, there is no such thing as a routine domestic violence charge, no matter how much the prosecutor wants to convict you and move on to the next case.
We treat our clients with the dignity and respect they deserve.
You have the right to defend yourself against the charges and make the prosecutor prove every element. The system may seem like it is stacked against you, but you can hire an experienced lawyer to protect your legal rights.
You should not wait to hire a Winston-Salem domestic violence attorney. Law enforcement may try to speak with you and gather evidence, and you may not know your legal rights. Any moment where you are unrepresented poses a major risk for you.
North Carolina law considers the following to be domestic violence:
Domestic violence can be committed against a number of people. You could be charged with domestic violence when the following people are involved:
Upon conviction, your punishment would largely depend on whether you have been charged with a felony or a misdemeanor. Oftentimes, your lawyer can get involved early in the case and influence the prosecutor’s decision about how to charge you for the alleged offense.
Here are some factors that the prosecutor may consider when deciding how to charge an alleged domestic violence offense:
Here are the potential penalties involved with domestic violence convictions:
A domestic violence conviction has far more ramifications for you beyond possible jail time. Of course, losing your freedom is a very big deal, but a domestic violence conviction may carry the following additional consequences:
There are possible defenses to a domestic violence charge. Domestic violence is a crime that requires intent, meaning that you cannot do it accidentally. Prosecutors must prove every single element of the offense to win a conviction. In addition, they cannot violate your legal rights at any point in the process.
Here are some defenses to domestic violence charges:
Police often err on the side of arresting someone when they are called to the scene of a domestic dispute. They have a limited amount of time to assess the situation and the credibility of the person complaining. Police are often worried that the failure to do something may come back to hurt them in the future, especially if something does happen. Therefore, they may arrest first and ask questions later. Many of the details then end up being sorted out as the prosecutor decides whether and how to charge the defendant.
When you have been charged with domestic violence, you may face a stigma in the legal system. While every individual is equal in the eyes of the law, and you have legal rights, it seems like there is often a rush to convict people accused of domestic violence. However, facts matter in these cases, and you have your own right to have your side of the story heard.
The first thing you need is an attorney who recognizes that everyone deserves a strong legal defense and will handle your case without any judgment. You should hire a Winston-Salem domestic violence attorney early in the process. Otherwise, the criminal justice system can overtake you in a rush to judgment.
If you have been charged with domestic violence, you cannot afford to be without an attorney. An experienced criminal defense lawyer can fight for you to obtain the best legal outcome in your case. They can give you the peace of mind that comes from knowing that there is someone else in your corner when the entire world seems to be against you. The lawyers at Graystar Legal will fight for you and take up your case. Call us today or message us online to set up an appointment to discuss your case with a free case review.
you may be eligible for the First Offender program. This program may help you avoid a conviction and have your charges dismissed and possibly expunged from your record.
The prosecutor’s job is to convict you. Our job is to protect your rights
Yes, if it is repeated and there is an attempt to cause substantial emotional distress.
Depending on who the alleged victim is, you may be sued in the civil process as well. It is independent of the criminal process.
Absolutely. Domestic violence statutes are gender-neutral. Women can be charged with domestic violence for incidents involving other women and men.
Plea negotiations and guilty pleas can happen any time before a verdict.
Here are the areas we serve and the criminal courts where your charges will be heard. The best thing you can do now is speak with a lawyer and get a free consultation.
Did you get arrested? Facing criminal charges? Wondering if you’ll go to jail? Afraid of what happens next? Don’t go alone.