When disputes between individuals turn violent, people may contact emergency authorities. The individuals involved in an altercation, witnesses, concerned neighbors or medical professionals may involve the authorities.
Police officers may then arrest one or more of the parties involved in the incident. Those accused of threatening or intentionally injuring others could face assault charges. However, the state might also choose to pursue domestic violence charges in specific scenarios.
What separates assault from domestic violence under North Carolina state statutes?
The relationship between the people involved determines the charge
The primary consideration when determining whether an act of violence was an assault or domestic violence is the relationship between the people involved. Domestic violence has a very restrictive definition in North Carolina.
Domestic violence statutes specifically apply to people who currently have or previously had a romantic relationship with one another. Allegations of domestic violence can arise during disputes between current or former spouses, people who dated and those who share children with one another.
A simple assault charge is usually a Class B misdemeanor, unless there are complicating factors. Domestic violence charges, on the other hand, are often Class A misdemeanor offenses.
For both offenses, the use of a weapon or severe injuries can increase the severity of the charges and the potential penalties. Domestic violence charges tend to carry more social stigma than simple assault charges. Additionally, they can have repercussions for an individual’s Second Amendment rights.
Reviewing what led to domestic violence accusations can help a defendant respond in a manner that does not endanger their freedom, reputation or rights.