Assault on a Female in North Carolina

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 in North Carolina 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, you must have an experienced violent crimes attorney at your side.

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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 McMinn, Fradin, Gray & Logan, 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 works together to formulate your defense strategy and get an outcome you can be pleased with.

Anastasia Tramontozzi represented me in Forsyth County, North Carolina, when I had serious criminal charges pressed against me—specifically, Assault on a Female. I knew right away I needed a lawyer with real experience and a strong track record. After doing extensive research online, I found McMinn, Fradin, Gray & Logan and saw that the firm has over 35 years of experience.

While browsing their website, I came across a video of one of their attorneys, Anastasia Tramontozzi, in which she was sharing her story and explaining her field of expertise in domestic violence cases. That video convinced me to schedule a meeting with her, and I can honestly say that everything I had hoped for—and expected—turned out to be completely true. From the very first consultation, Anastasia was respectful, attentive, and incredibly knowledgeable about every detail of the legal system, the local courthouse here in Forsyth County, and how cases like mine typically unfold. She had an approach that left no course of action unexplored and no question unanswered. It was clear from day one that she is an absolutely amazing lawyer who understands the stakes and knows exactly how to protect her clients.

Throughout the entire process, communication was easy and straightforward. It was never difficult to reach her or get clarity on what was happening. Her responsiveness and professionalism made an extremely stressful time much less nerve-wracking. Ultimately, thanks to her preparation, strategy, and deep expertise, the charges against me were dismissed ENTIRELY ON DAY ONE.

If you are facing serious accusations and need someone who is both skilled and genuinely dedicated to her clients, I cannot recommend Anastasia Tramontozzi highly enough. She exceeded every expectation and made sure I had the best possible outcome.”

T B, Google

When You Need a Vigorous Defense, We Provide

Assault on a female is a Class A1 Misdemeanor under North Carolina law, 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 throughout the state. We understand that not every situation is as straightforward as it seems on the surface.

Some of the questions we ask are:

Are there witnesses, or only “he said/she said?”
Is there physical evidence?
Did the victim suffer bruises or go to the hospital?
Are the allegations connected to a break-up, divorce, or child custody case?
Who started the fight?
Is this an exercise of the Constitutional Right to self-defense/was the force reasonable?
Is the woman otherwise reliable or does she have a history or motive to lie?

The Myth of the 48-Hour Hold

Many people in North Carolina believe that if they are arrested for an assault on a female, they will automatically have to spend 48 hours in jail. This is not necessarily 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, the North Carolina General Assembly passed Senate Bill 171. Initially, it enacted the 48-hour hold as a “cooling off” period. However, 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. The North Carolina Supreme Court attempted to address the issue in State v Thompson. They determined that a defendant has a constitutional right to see the first judge who is available for a bond hearing within 48 hours.

Were Your Rights Respected? Contact a North Carolina Lawyer to Discuss Your Assault on a Female Charge

Their opinion was officially codified in General Statute G.S. 15A-534.1, which states that a judge must set a defendant’s 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)

If you have been accused of committing assault on a female in North Carolina, reach out to our team at McMinn, Fradin, Gray & Logan. We can help you understand the charges against you and craft a defense tailored to your situation.