New Bern Attorneys Represent Individuals Accused of Violent Crimes

Accomplished North Carolina lawyers defend clients’ rights

When you’ve been charged with a violent crime, your freedom and reputation are on the line. No matter what led to the accusation, you need an attorney who can push back effectively against police and prosecutors. The Carolina Law Group in New Bern, headed by Tommy Kellis, delivers exceptional criminal defense representation for clients in Craven County and throughout the area. Whether your case involves an allegation of assault, sexual violence or homicide, our North Carolina attorneys have the skill, experience and determination to safeguard your fundamental rights and advocate for a fair result.

Assault, battery and affray counts

The threat or use of physical force can lead to different types of misdemeanor or felony charges under North Carolina law. Misdemeanor offenses include:

• Assault and battery — This occurs when someone inflicts a physical injury on someone else.
• Assault — If someone attempts to strike someone but no contact is made or someone displays force indicating that a battery is imminent, it is an assault.
• Affray — This can be charged if two people voluntarily engage in a fight in a public place.

Someone who is convicted of these Class 2 misdemeanor charges can face 30 days in jail on a first offense. Repeat offenders could be incarcerated for up to 60 days. The maximum fine is $1,000.

In some cases, assault and battery offenses are charged as Class 1 and A1 misdemeanors, which are more serious. Aggravating factors that can lead to more serious counts include:

• An injury severe enough to require medical treatment
• An attack involving use or threat of a deadly weapon
• Physical contact of a sexual nature
• A victim from a group receiving special protection under the law, such as a child or someone who has special protection based on their job, including firefighters and police officers

These Class A1 and Class 1 misdemeanors could lead to a 60-day jail sentence for a first offender. Someone with a prior conviction might be incarcerated for up to 150 days.

Penalty enhancements for domestic violence in North Carolina

Under North Carolina criminal law, penalties in domestic violence cases can be tougher. This means that the defendant has a qualifying relationship with the victim and:

• A serious injury results from the assault, or
• A minor child, who lives with the defendant and has a personal relationship with the defendant, is present during the assault

Individuals who have a qualifying personal relationship include spouses, children, grandchildren, former spouses, people who have lived together as a family, people who have or had a dating relationship and co-parents. A domestic violence allegation turns a Class 2 misdemeanor into a Class A1 offense, so the defendant faces more jail time and a potentially higher fine.

Domestic violence allegations and other charges relating to a physical attack are serious and you should find an accomplished criminal defense attorney to protect your rights. Our firm has achieved favorable results for clients facing all types of assault charges and we are ready to fight for you.

Contact a New Bern criminal defense lawyer if you’ve been charged with a violent crime

The Carolina Law Group in New Bern represents North Carolina clients who have been charged with violent crimes. Our firm serves Craven County and the surrounding area. Call us at 252-672-2059 or contact us online to schedule a consultation.