Knowing what constitutes a violent crime in North Carolina can help those facing criminal charges understand the associated penalties and prepare a strong legal defense. It can be crucial to learn the different types of violent crimes in North Carolina, the typical penalties associated with each, and the potential defense strategies your criminal defense attorney in Gastonia can implement in your case.

Defining Violent Crimes in North Carolina

Violent crimes in North Carolina are offenses in which a person uses or intends to use physical force to cause bodily harm or kill another person. They often involve the use of a deadly weapon. A violent crime can be charged in the context of a domestic violence incident or during the commission of another crime. Violent crimes are some of the most serious offenses under North Carolina law; they are often felonies, especially if the accused is a habitual offender.

The following are examples of violent crimes in North Carolina, per the North Carolina State Bureau of Investigation:

Aggravated Assault

This involves any action against another person that is intended to kill or inflict serious bodily injury on another person with the use of a deadly weapon. In 2023, there were a reported 319.8 assaults per 1,000 persons in the state, which represents over 75% of all violent crimes committed in North Carolina that year.

Robbery

This includes robbery with firearms or other dangerous weapons. It also includes attempted robbery with a dangerous weapon, per G.S. 14‑87. A person can be charged with this violent crime, even if it is an attempted robbery, as long as they are found to have endangered or threatened the life of another. Robbery is the second-most frequent violent crime in North Carolina, with 55.7 reported robberies per 1,000 people in 2023.

Rape

A person charged with first-degree forcible rape in North Carolina is suspected of using or threatening to use a deadly weapon while committing sexual assault against another. North Carolina saw a decrease of 8.1% in the number of forcible rapes from 2022 to 2023.

Murder

First-degree murder involves the killing of another with aggravating factors, including the use of a deadly weapon, lying in wait, inflicting torture, or killing another while attempting to perpetrate another crime. A person can also be accused of first-degree murder if they were convicted of domestic violence against the victim of the crime. In 2021, there were 208 homicides involving domestic violence in North Carolina.

The above do not encompass the entirety of all violent crimes under North Carolina law. However, most violent crimes fall under one of these four categories.

Penalties for Violent Crimes in North Carolina

North Carolina legislation breaks down criminal charges into misdemeanors and felonies. Felonies are the most serious offenses, carrying the most severe penalties. Most violent crimes in North Carolina are charged as felonies. These can lead to significant time in prison:

• Assault with a deadly weapon (GS 14-32(a)) is a Class C felony, which carries a maximum of 231 months in confinement.
• Armed robbery (GS 14-87) can lead to up to 204 months in prison as a Class D felony.
• Forcible rape (GS 14-27.21) is a Class B1 felony, with a potential sentence of life in prison without the possibility of parole.
• As a Class A felony, first-degree murder (GS 14-17) can result in life in prison without the possibility of parole or the death penalty.

Felony cases constituted 18.3% of all pending cases in North Carolina between 2023 and 2024. It is up to a judge to determine the final sentence for a person convicted of a crime. Aggravating factors or mitigating factors can impact the final sentence.

Potential Defenses Against Violent Crime Charges

A felony conviction can not only lead to decades in prison and hefty fines, but having a criminal record can also place significant limitations on a person’s attempts to reintegrate into society following the completion of their sentence. It is therefore critical that you have a robust defense against a violent crime charge.

Each situation is different. Working with a dedicated attorney who can shape a defense strategy to the facts of your case can be the difference between a lengthy sentence and the minimum sentence or an acquittal. Attorneys can use several defense strategies in a violent crime case:

• Self-defense – A defendant can argue that their actions resulted from their attempt at self-defense or to defend another against harm or death.
• False accusation – It may also be possible to demonstrate that an accusation is false if, for example, the alleged incident occurred in the context of a domestic relationship.
• Insufficient evidence – Another possible defense is to show that there is not enough evidence that the accused committed the crime.
• Lack of intent – Convictions for violent crimes are contingent upon proving that the accused had intended to cause bodily harm or death. Creating reasonable doubt with respect to intent can benefit your case in court.

Facing a violent crime charge can feel insurmountable. It is important to leverage all your legal options to get the most optimal result in your case.

FAQs About Violent Crimes in North Carolina

What Is Considered a Violent Crime in NC?

Violent crimes in North Carolina involve the use of force and/or the presence of a deadly weapon. Murder, rape, aggravated assault, and robbery are considered violent crimes. North Carolina law categorizes various offenses under these four crimes. Some can lead to felony charges, which carry severe penalties, the most serious of which is death.

Can Violent Crimes Be Expunged in NC?

A violent crime can be expunged in North Carolina if charges are dismissed or if a judge or jury finds a defendant not guilty of a crime. A person convicted of a violent crime who is over the age of 21 cannot have their record expunged. To request the expunction of your record, file your request with your county’s superior court office. Those who faced charges in Cleveland County should submit their request to the Cleveland County Courthouse.

Can You Drop Simple Assault Charges in NC?

It is up to a North Carolina prosecutor or judge whether a simple assault charge can be dropped. A charge may be dropped if there is not enough evidence to prove that the accused is guilty of a crime. It could also be dropped if there are other mitigating factors, including self-defense. Lack of cooperation from an accuser can also lead to simple assault charges being dropped.

What City Has the Highest Crime Rate in North Carolina?

According to the North Carolina State Bureau of Investigation, Mecklenburg County had the highest total crime rate and the highest violent crime rate in 2023, with 4,259.8 per 100,000 and 649.3 per 100,000, respectively. New Hanover County came second, with 2,865.0 total crimes (including 338.5 violent crimes) per 100,000 people.

Recent crime statistics in Gastonia and Shelby highlight the continued rise in offenses, underscoring the importance of staying informed. If you’re facing charges, understanding how to defend a violent crime charge in Gastonia can be critical to protecting your rights and future.

Our Seasoned Attorneys Provide Strategic Legal Defense

You do not need to face violent crime charges on your own. When you work with the legal defense team at The Schweppe Law Firm, P.A., you can have the backing of a seasoned legal team. We have years of practice in criminal defense and the resources to defend you in court.

Schedule a consultation today to discuss your case with one of our attorneys.