Assault on a female
Assault on a Female is a Class A1 misdemeanor. A person guilty of this offense: 1. is a male 2. at least 18 years old and 3. commits an assault 4. on a female |
This charge is often taken out by a wife or girlfriend in connection with a DVPO. Sometimes the police arrive at the scene and charge the man simply because he is the man and the woman appears to have marks or injuries. The police are even known to charge a man even if the woman does not want to press charges- the reverse almost never happens. Any charge is in the hands of the District Attorney once brought. The alleged “victim” can’t simply drop the charge once the parties have reconciled. Only the State can drop the charge. The State is often reluctant to drop criminal charges fearing the “victim” will end up dead next time and the news media will blame the District Attorney for failure to prosecute. (It does happen!)
A domestic violence charge can tear a family apart and keep a man in jail over the weekend as magistrates often don’t have the authority to set a bond in any amount. Never plead guilty to any charge involving violence such as assault on a female as convictions involving violence can generally never be expunged in North Carolina. If you or a family member has been charged give us a call to learn your rights.
You do have options:
1. Complete the New Options for Violent Actions class (NOVA) in exchange for a dismissal.
2. Asserting Self-Defense as a complete defense.
3. A plea deal to a lesser charge or a prayer for judgment continued (AKA a "PJC").
4. A motion to expunge any criminal charges once the case is dismissed or a finding of not guilty.
A domestic violence charge can tear a family apart and keep a man in jail over the weekend as magistrates often don’t have the authority to set a bond in any amount. Never plead guilty to any charge involving violence such as assault on a female as convictions involving violence can generally never be expunged in North Carolina. If you or a family member has been charged give us a call to learn your rights.
You do have options:
1. Complete the New Options for Violent Actions class (NOVA) in exchange for a dismissal.
2. Asserting Self-Defense as a complete defense.
3. A plea deal to a lesser charge or a prayer for judgment continued (AKA a "PJC").
4. A motion to expunge any criminal charges once the case is dismissed or a finding of not guilty.
Dropping assault on female charges in NC
Unlike a restraining Order, which is a civil matter with the "victim" as a party, a criminal charge is the State versus the defendant. This means the State decides whether or not to drop any charges. As stated above they are usually very reluctant to do so, especially if the "victim" is a woman. It is best practice for the woman to hire her own lawyer to assert her 5th amendment right to not testify if she wishes to drop charges. Failure to do so may result in her being subpoenaed to Court and forced to testify.