Criminal Defense of Domestic Violence Including Charges of Assault on a Female
The Experienced Criminal Defense Lawyers of Kurtz & Blum Discuss The Challenges in Defending Against Charges of Domestic Violence
In the brief video above, we tell you what you need to know about how domestic violence is prosecuted in Raleigh, NC. We also ensure you know how we can help you as experienced criminal defense attorneys who have defended against a multitude of cases that allegedly involved some form of domestic violence.
In many counties, federal and local grants have created special “domestic violence” courtrooms. These courtrooms are generally staffed by one or two prosecutors who only prosecute people charged with domestic violence like assault on a female or assault by strangulation. There is usually at least one victim / witness coordinator as well to aid the prosecutor in communicating with witnesses. Domestic violence cases have taken center stage in legislature and punishments have increased over time. Although simple assaults between family members are still considered misdemeanors, when the assault is by strangulation or there is a serious injury and a weapon is used, the case will likely be escalated to felony status.
The Wake County District Attorney’s office has what is known as a “no
drop” policy in regards to domestic violence. That means that the elected district attorney won’t allow
his assistants to drop a case even if the complaining witness wants to
drop the charges. Often, the assistant district attorney
will take a case to trial even if the witness denies or changes his or
her story of what happened. At Kurtz & Blum, PLLC, we
have a lot of experience in dealing with their no drop policies and we
vigorously defend domestic violence cases to protect our clients’ legal
rights. This is a fight we have fought many times before.
Here is a transcript to our domestic violence video:
Seth A. Blum, Partner
If you’ve been charged with domestic violence then you probably already know that even though you might be presumed innocent you likely still had to spend at least one night in jail. It's called a cooling-off period, but it's still jail. There is no other type of criminal charge on the books that requires this kind of mandatory jail time before the accused even gets an opportunity to post bond. That should give you some idea of just how seriously the state of North Carolina takes domestic violence cases.
That's not to say that domestic violence cases are not serious. Often they are very serious. But unfortunately some people have learned how to play the system and sometimes domestic violence accusations are used as weapons to retaliate for hurt feelings or to gain advantage in a divorce.
Howard A. Kurtz, Partner
Unlike other types of cases, there is frequently no evidence other than one person's word and yes, you can be convicted on nothing more than someone else's naked accusation. In fact, even if the accuser tells the prosecutor that they don't want to go forward with the case, in Wake County the District Attorney's Office has what they call a “No Drop” policy. In other words, they won't drop the charges just because an alleged victim wants them dropped.
At Kurtz & Blum we have a tremendous amount of experience helping people charged with domestic violence. If you find yourself in the unfortunate position of having to defend against such charges, call us. We can help. There is no fee for the initial consultation.
Our criminal defense lawyers help people throughout Wake County, North Carolina. We frequently handle offenses arising out of the following cities: Holly Springs, Fuquay-Varina, Wake Forest, Knightdale, Morrisville, Raleigh, Wendell, Apex, Zebulon, Garner, Cary, New Hope and Rolesville.