Domestic violence charges are among the most serious allegations individuals can face in Wake County, North Carolina. Beyond criminal penalties, these charges often carry lasting personal, professional, and legal consequences.
This guide from our experts the Coolidge Law Firm provides an accessible and comprehensive breakdown of domestic violence laws in North Carolina, including specific statutes, their classifications, and how these laws are applied in Wake County.
What is Domestic Violence?
In North Carolina, domestic violence is defined under N.C.G.S. § 50B-1, which describes domestic violence as the acts that occur between an “aggrieved party” and someone with whom they have a personal relationship. A personal relationship includes spouses, former spouses, co-parents, household members, or individuals in a dating relationship.
Acts Constituting Domestic Violence
- Bodily harm or injury: Attempting to cause or intentionally causing physical harm.
- Fear or emotional distress: Actions that cause fear of imminent serious harm or sustained harassment resulting in substantial emotional distress.
- Sexual offenses: Any acts defined under statutes such as N.C.G.S. §§ 14-27.21 through 14-27.33.
For more on what constitutes domestic violence in Wake County, NC, read the full statute.
Types of Domestic Violence Charges in Wake County
Misdemeanor Domestic Violence Charges
Sexual Battery (Class A1 Misdemeanor)
Statute: N.C.G.S. § 14-27.33
Definition: A person is guilty of sexual battery if they engage in sexual contact for sexual gratification, arousal, or abuse by force and against the victim’s will or with a victim who is mentally incapacitated, disabled, or physically helpless.
Penalties: Up to 150 days in jail, $2,000 in fines, and additional consequences such as registration as a sex offender in some cases.
Stalking and Harassment (Class A1 Misdemeanor)
Statute: N.C.G.S. § 14-277.3A
Definition: Stalking involves willfully harassing or engaging in a course of conduct that causes fear for personal safety or the safety of family, or substantial emotional distress.
Penalties: Up to 150 days in jail, supervised probation, fines, and additional court-ordered penalties. Repeat offenses may escalate to felony charges.
Communicating Threats (Class 1 Misdemeanor)
Statute: N.C.G.S. § 14-277.1
Definition: Making threats to physically injure someone or their property, causing the victim to reasonably believe the threat will be carried out.
Penalties: Up to 120 days in jail, probation, and $1,000 in fines.
Domestic Assault (Class A1 Misdemeanor)
Statute: N.C.G.S. § 14-32.5
Definition: Includes acts of physical force or threats involving spouses, former spouses, co-parents, or individuals in dating relationships.
Penalties: Up to 150 days in jail, $2,000 in fines, and court-mandated interventions.
Assault on a Female (Class A1 Misdemeanor)
Statute: N.C.G.S. § 14-33(c)(2)
Definition: This charge applies when a male over 18 commits an assault on a female.
Penalties: Up to 150 days in jail, $2,000 in fines, probation, and additional conditions like anger management classes.
Violating a Protective Order (Class A1 Misdemeanor)
Statute: N.C.G.S. § 50B-4.1
Definition: Knowingly violating a valid protective order issued under Chapter 50B of the North Carolina General Statutes or other jurisdictions.
Penalties: Up to 150 days in jail, $2,000 in fines, and other court-ordered programs or probation.
Felony Domestic Violence Charges
Rape (Class B1 Felony)
Statute: N.C.G.S. § 14-27.21
First-degree forcible rape occurs when an individual engage in vaginal intercourse with another person by force and against their will while either threatening to use or displaying a deadly weapon, inflicting serious personal injury on the victim or another person, or being aided or abetted by one or more persons. According to the statute, “a person may be prosecuted under this Article whether or not the victim is the person’s legal spouse at the time of the commission of the alleged rape or sexual offense”.
Penalties: This offense is a Class B1 felony, meaning convictions carry significant prison sentences of 144 months in prison, to life without parole. The exact sentence depends on factors like whether or not the individual has committed any previous offenses. Wake County prosecutors often take an aggressive stance on such cases, aligning with broader efforts to combat domestic and sexual violence.
Felony Sexual Offense (Class B1 Felony)
Statute: N.C.G.S. § 14-27.26
Similar to first-degree rape, felony sexual offenses are those which involve a sexual act (not limited to intercourse) conducted by force and against the will of another person while using a weapon, causing serious harm, or being aided by another party. Just as with first-degree rape, this charge can be brought against someone whether or not the two parties are married.
Penalties: This offense is also a Class B1 felony, punishable by 144 months to life in prison. Cases in Wake County may face enhanced scrutiny, with specialized units often handling these sensitive matters.
Assault by Inflicting Serious Bodily Injury/Strangulation (Class F Felony/Class H Felony)
Statute: N.C.G.S. § 14-32.4
An assault that inflicts serious bodily injury is any that leads to risk of death, permanent disfigurement, coma, or prolonged extreme pain. This is classified as a Class F Felony. Assault by strangulation is defined as intentionally inflicting physical injury by applying pressure to another person’s neck or throat. This charge is a Class H felony, reflecting the potential for significant harm, including risk of death or long-term injury.
Penalties: A conviction of an assault inflicting serious bodily injury, a Class F felony, is punishable by a prison sentence of 10 to 41 months. An assault involving strangulation, a Class H Felony, will result in a sentence of 3 to 25 months in prison.
Assault With a Deadly Weapon or Intent to Kill
Statute: N.C.G.S. § 14-32
This statute encompasses multiple forms of assault involving deadly weapons, including:
- Assault with intent to kill and serious injury (Class C felony)
- Assault with a deadly weapon causing serious injury (Class E felony).
- Assault with intent to kill (Class E felony)
- Assault on emergency workers (Class D felony)
Penalties: The severity of the charge depends on the circumstances, including the level of injury inflicted and intent. A Class E felony results in 15 to 63 months in prison; a Class D felony is punishable by 38 to 160 months; and a Class C felony will get 44 to 182 months. In Wake County, assaults involving weapons in domestic settings are often met with strict legal action.
Other Felony Domestic Violence Charges
Certain misdemeanor domestic violence charges in North Carolina can escalate to felony offenses under specific circumstances.
Repeated Domestic Violence Offenses
According to N.C.G.S. § 14-33.2, if a person is convicted of two or more prior assaults within 15 years and then commits a subsequent misdemeanor assault, the charge may be elevated to a Class H felony. This statute applies to both general assault and domestic violence cases, particularly when the victim is a family member or intimate partner.
Violation of a Protective Order
N.C.G.S. § 50B-4.1 states that violating a protective order issued under Chapter 50B of the General Statutes can result in a felony charge if:
- The violation involves committing an assault, stalking, or threatening the life of the protected person.
- The offender has a history of prior convictions for violating protective orders.
Elevated violations may result in a Class H or Class G felony, depending on the circumstances.
Stalking
According to N.C.G.S. § 14‑277.3A, A defendant who engages in stalking after a prior conviction for the same offense commits a Class F felony. Additionally, if the stalking occurs while a court order is in effect prohibiting such behavior toward the victim, the offense is classified as a Class H felony.
Aggravating Factors in Assault
Assaults committed under aggravating circumstances, such as the use of a deadly weapon or intent to kill, may be elevated from misdemeanors to felonies, as detailed in N.C.G.S. § 14-32.
Punishments for Domestic Violence Charges in Wake County, NC
The prosecution of domestic violence charges in Wake County may reflect the policies and priorities of District Attorney Lorrin Freeman. Freeman, a prominent figure in North Carolina’s legal community, has served on the North Carolina Domestic Violence Commission and prioritizes holding offenders accountable while addressing the root causes of abuse.
Wake County Prosecution Philosophy
- Stricter Sentencing Recommendations: Freeman has supported the use of habitual offender laws and enhanced sentencing for repeat offenders.
- Focus on Prevention: Wake County’s approach includes connecting offenders and victims to community resources to reduce recidivism and support rehabilitation.
- Protective Order Enforcement: Violations of protective orders are pursued aggressively, especially when linked to physical violence or threats.
Understanding local prosecutorial tendencies can help those involved in domestic violence cases anticipate potential outcomes. At The Coolidge Law Firm, our attorneys understand the legal and prosecutorial landscape of Wake County, and can help you navigate the ins and outs.
Domestic Violence Resources in Wake County, NC
Victims and families affected by domestic violence in Wake County have access to several resources:
Interact of Wake County
A nonprofit offering emergency shelter, counseling, and legal advocacy for victims of domestic violence and sexual assault.
Website: Interact of Wake County
24-hour crisis line: (919) 828-7740
Wake County District Attorney’s Office
Offers victim advocacy services and assists with protective order applications.
Contact: (919) 792-5000
North Carolina Coalition Against Domestic Violence (NCCADV)
Provides statewide resources and connections to local services.
Website: NCCADV
FAQs: Domestic Violence in Wake County, NC
How to Get a Restraining Order in Wake County, NC?
Victims of domestic violence can apply for a Domestic Violence Protective Order (DVPO) by visiting the Wake County Clerk of Court’s Office. Steps include:
- Filing a petition under N.C.G.S. Chapter 50B.
- Providing evidence of abuse or threats.
- Attending a hearing where a judge determines whether to issue the order.
For assistance, Interact of Wake County offers legal advocacy.
What is the Rate of Domestic Violence in North Carolina?
North Carolina consistently reports high rates of domestic violence. According to the North Carolina Coalition Against Domestic Violence, more than 35% of women and over 30% of men will experience domestic violence.
What is the Abuse Cycle?
The cycle of abuse describes recurring phases in abusive relationships:
- Tension Building: Increased strain and minor incidents of abuse.
- Incident: The abuser commits overt acts of physical, emotional, or sexual violence.
- Reconciliation: The abuser apologizes or promises change.
- Calm: A temporary lull before the tension rebuilds.
Understanding this cycle can help victims recognize patterns and seek intervention.
What is Clare’s Law in NC?
Clare’s Law allows individuals to request information about a partner’s history of domestic violence or abuse. Named after Clare Wood, a UK domestic violence victim, this law was adopted in North Carolina to empower individuals with knowledge to make informed decisions in relationships.
Facing Domestic Violence Charges in Wake County
If you are facing domestic violence charges, understanding the specific statutes and the local legal landscape is critical. Each case is unique, and consulting an experienced attorney familiar with Wake County’s approach can help navigate the complexities of these charges.
Contact our domestic violence attorneys at Coolidge Law Firm today by calling (919)239-8448 or fill out the form below!
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