Shelby Domestic Violence Defense Lawyer

Home /  Shelby Domestic Violence Defense Lawyer

Shelby Domestic Violence Defense Attorney

Domestic violence and related charges are serious crimes in North Carolina.. Knowing what to do when the police show up at your door and place you under arrest is important, as is retaining a Shelby domestic violence criminal defense attorney to help with your case.

At The Schweppe Law Firm, P.A., we have experience representing clients during the initial law enforcement investigation, plea negotiations, and trial. We can represent you in court and pursue every option to obtain the best outcome possible.

The Schweppe Law Firm, P.A.: Your Shelby Domestic Violence Criminal Defense Attorneys

At The Schweppe Law Firm, P.A., we believe that building relationships within our community is just as important as providing top-notch legal services. That’s why we prioritize delivering the personalized, attentive approach you’d expect from a small firm, while also leveraging our extensive expertise and resources to achieve exceptional results. Our goal is to create a seamless and stress-free experience for our clients, every step of the way.

We take a personalized approach to each client’s case, carefully evaluating every detail and crafting a customized legal strategy that is uniquely tailored to their individual needs and circumstances. Our unwavering commitment to excellence and personalized service means that our clients can trust that their case is being handled with the utmost care and attention to detail. We’ll work tirelessly to achieve the best possible outcome, always striving to exceed expectations and deliver exceptional results.

What Is Domestic Violence, and How Does North Carolina Prosecute These Crimes?

North Carolina is a unique state in that it does not have any part of the criminal code that outlines a policy on domestic violence. The state only defines domestic violence in the context of a civil claim for a victim seeking a protective order.

Domestic violence crimes in Shelby cover a variety of offenses:

  • Assault: Assault comes in many forms, sometimes including verbal threats and other times involving a deadly weapon. Using a weapon or inflicting a serious injury will incur harsher penalties. North Carolina also has a specific law for Assault on a Female, which is a Class A1 misdemeanor.
  • Stalking: Following or harassing someone when they want you to stop constitutes stalking. Stalking does not have to be physically skulking around to follow someone; it just involves taking actions that make the victim fear for their safety or the safety of someone else.
  • Violation of a Domestic Violence Protective Order: If a judge grants a protective order to a victim, the person named in the DVPO must stay away from the victim. If someone willingly violates a DVPO, the state may choose to charge them with a Class A1 misdemeanor.
  • Sex Crimes: Sexual abuse, sexual assault, and rape can all be aspects of a domestic violence case.
  • Communicating Threats: This covers all forms of communication where one person makes another person fear for their safety. It could include threats against a victim or threats to harm a victim’s loved ones or property. These communications could be verbal or written.
  • Strangulation: Strangulation falls into the category of assault, but it is also often involved in domestic violence cases. Strangulation a victim is classified as a felony in North Carolina.

Almost all these crimes involve non-domestic violence circumstances. This causes confusion when determining whether a charge should be classified as domestic violence.

Domestic violence occurs between individuals who have a “domestic” relationship. The obvious example is two spouses, but the definition is broader than just a married couple. Domestic violence includes people who are living together in a romantic relationship but are not married. It also includes the relationship between parent and child, grandparents and grandchildren, and other close familial relations.

Domestic violence does not have a gender or sex tied to it. Anyone can commit domestic violence against another person if they have a relationship that qualifies.

What Are the Penalties Associated With Domestic Violence Crimes?

Because domestic violence covers several crimes, the punishments will vary greatly from case to case. Your Shelby domestic violence attorney can give you a better understanding of the punishments you face if the court finds you guilty. However, there are a few common punishments that those facing domestic violence charges may face. Some of these penalties include:

  • Jail Time: Since many domestic violence crimes are also considered “violent crimes,” they will carry the risk of jail time. Severe assault charges can lead to incarceration for a long period, while other defendants may see a few months in jail for a misdemeanor.
  • Fines: Every criminal charge carries the risk of a fine as part of or all of the punishment.
  • Probation and Community Service: A judge may sentence you to complete supervised probation. During probation, any violations will send you back to court, where you would face the original active jail sentence imposed by the Judge.
  • Mandatory Counseling: If drugs or alcohol were involved in the crime, a judge may order a guilty party to attend counseling to help with their substance abuse issues. A defendant may also have to attend anger management classes after a conviction.

What Should I Do After the Police Arrest Me?

The most important thing to do after an arrest is to remain calm. While it is a stressful experience, you should not overreact.

While arresting you, the police should read your Miranda rights. These rights inform you that you have the right to remain silent and have legal representation. It is highly recommended that you invoke both of these rights.

While it is tempting to try explaining your side of the story to the police, little good can come from these statements. The police are not your friends in these scenarios, and they will try to extract a confession or any other piece of incriminating evidence from what you say while under arrest. You should refuse to speak with the police until your criminal defense attorney is present.

Conferring With Your Lawyer

It’s essential to be forthcoming with your attorney regarding all details of your case, regardless of how detrimental they may be to your defense. By capitalizing on the attorney-client privilege and providing your attorney with a comprehensive account of the situation, they can craft a compelling defense strategy and guide you through the complexities of the legal system with assuredness.

Do I Need a Lawyer When I’m Facing a Domestic Violence Charge in Cleveland County?

Having a lawyer on your side can significantly increase the likelihood of avoiding severe legal penalties and a criminal record for domestic violence charges. This is important because a conviction for these charges can have long-lasting and far-reaching consequences. Many defenses for domestic violence cases are intricate and challenging to prove, and attempting to do so without legal expertise is like trying to build a house without blueprints. Therefore, it’s critical to have an experienced attorney assist with crafting a defense.

Emotions run high in domestic violence cases, and the personal connections often involved make it even more challenging for defendants to make rational decisions. A skilled and compassionate lawyer can provide an objective perspective and help you navigate the legal system. The opportunity to negotiate a plea bargain is also a significant benefit of having legal representation. This agreement between the defendant and the prosecutor can result in reduced charges and a lighter sentence. While a plea bargain might result in a conviction, it can often be a more favorable outcome than going to trial. However, it’s important to remember that this option should only be pursued if the lawyer believes it is in the best interest of the client.

The Schweppe Law Firm, P.A.: Shelby Criminal Defense Attorneys with Experience

Domestic violence charges are a serious matter with far-reaching consequences. A conviction for a related offense can have a lasting impact on an individual’s life. Timely and aggressive defense is critical.

At The Schweppe Law Firm, P.A., we have extensive experience helping clients mount effective legal defenses and rebuild their lives after an arrest. If you are facing domestic violence charges in Shelby, North Carolina, it is imperative that you act swiftly and seek professional counsel. Our team is committed to providing you with the support and guidance you need during this challenging time. Don’t hesitate to reach out to us for assistance.

Zero % Interest Payment Plans Available. As well as Military, First Responders, Government Worker’s and Educator’s Discounts Available.