Facing Domestic Violence Charges in Buncombe County? Here’s What You Need to Know
Facing domestic violence charges in Buncombe County can be overwhelming, with serious legal implications that require careful navigation through the justice system. Here’s a breakdown of what to expect and how the process unfolds.
What Constitutes Domestic Violence?
In North Carolina, domestic violence includes any form of assault, harassment, or threatening behavior against a spouse, partner, family member, or someone you share a household with. These charges are taken very seriously and can range from misdemeanors to felonies, depending on the severity of the allegations and whether a weapon was involved or injuries occurred.
The Legal Process for Domestic Violence Charges
Once charges are filed, several steps follow:
- Arrest: In many domestic violence cases, law enforcement may arrest the accused without a warrant if there is probable cause to believe an assault occurred.
- Protective Orders: The alleged victim can request a domestic violence protective order (DVPO), often called a restraining order, which may prohibit the accused from contacting or coming near the victim.
- First Appearance and Bond Hearing: After the arrest, the accused will be taken before a judge, where bond and release conditions will be set. In some cases, a no-contact order will be imposed.
- Trial: If the case goes to trial, the prosecution must prove the charges beyond a reasonable doubt. Your attorney may explore defenses such as false allegations, self-defense, or lack of evidence.
Potential Penalties
Penalties for domestic violence convictions can vary widely depending on the severity of the charges and the circumstances of the case. Convictions may lead to fines, probation, and community service. More serious cases can result in mandatory counseling or participation in anger management programs. In cases where injuries occurred or weapons were involved, jail time may be imposed, ranging from several months to multiple years. Additionally, domestic violence convictions can have far-reaching consequences, impacting child custody arrangements, employment opportunities, and the ability to secure housing or professional licenses.
The Difference Specialized Counsel Can Make
When facing domestic violence charges, having an experienced, board-certified specialist like Attorney Thomas Amburgey on your side can significantly affect the outcome of your case. A specialized attorney, such as Mr. Amburgey, has undergone rigorous training and demonstrated exceptional skill in the field of criminal law. With his deep knowledge and specialized experience, he can craft tailored defense strategies that less experienced attorneys might overlook. His understanding of domestic violence laws, procedural nuances, and courtroom tactics can make a crucial difference, potentially leading to reduced charges, alternative sentencing, or even a dismissal of the case.
Trust Thomas Amburgey with Your Domestic Violence Defense
Attorney Thomas Amburgey, a Board Certified Specialist in State Criminal Law, has extensive experience defending clients facing domestic violence charges in Buncombe County. Recognized by Best Lawyers in America, North Carolina Super Lawyers, and the Legal Elite, Attorney Amburgey is committed to providing expert representation to protect your rights. With his office located in the historic Jackson Building in downtown Asheville, Thomas Amburgey offers dedicated legal defense that you can rely on.
The articles on this blog are accurate as of their date of publication and are intended to provide general information about the status of the law and commonly accepted practices in North Carolina.
These articles should not be considered legal advice.
For personalized guidance, we recommend consulting with a qualified attorney.
Felony Crimes and Misdemeanors
Thomas Amburgey is a criminal defense lawyer that represents people in a wide and inclusive range of felony and misdemeanor accusations and charges. If you have been accused of a crime, no matter how small you believe it to be, call Thomas today and begin protecting your rights under the Constitution.
Homicide & Capital Crime
Murder is one of the most serious crimes to be accused of and, if convicted, is accompanied by a life sentence, possibly without parole. Some examples of murder charges are:
- Voluntary Manslaughter
- Involuntary Manslaughter
- Vehicular Homicide
- Second-Degree Murder
- First-Degree Murder
Weapons Offenses
Thomas Amburgey’s extensive trial experience as a prosecutor allows him to intimately understand the weaknesses of the state’s case, where their positions lie, and how to best communicate with the DA. He knows the courtroom. Through more than seventy jury trials, he’s gained an innate understanding of what is most important for putting you in the position to win.
- felon in possession of a firearm
- violation of conceal/carry laws
- assault with a deadly weapon
- illegal sale of weapons
DUI / DWI
North Carolina law enforcement does not take DWI/DUI matters lightly and has some of the most stringent sentencing structures in the Country. If you are found to be legally intoxicated on a North Carolina highway, we firmly recommend that you seek a defense lawyer with particular experience with North Carolina DWI/DUI charges. As a former prosecutor, criminal defense attorney Thomas Amburgey is exceptionally knowledgeable of the State Court systems and the DWI/DUI process.
Violent Crimes: Assault, Battery, Domestic Violence
- Assault and Battery
- Assault with Intent to Kill
- Assault with a Deadly Weapon
- Domestic Violence
- Hate Crimes
- Sexual Assault, Rape
- Manslaughter
- Murder/Homicide
- Robbery and Burglary (Breaking and Entering)
- Vehicular Manslaughter
- Violation of Domestic Protective Order (Restraining Order)
- Weapons Crimes
Larceny: Theft, Burglary, Shoplifting
- Concealment of merchandise in a store
- Felony larceny of motor vehicle parts
- Larceny of gasoline at a service station
- Receiving or possessing stolen goods
- Removal of a shopping cart from store premises
Sex Crimes: Child Abuse, Child Pornography, Rape
- Abuse and Sexual Assault
- Indecent exposure, lewd and lascivious conduct
- Indecent liberties with a juvenile
- Internet Sex Crimes
- Molestation
- Pimping, pandering, and prostitution
- Rape and Date Rape
- Sexual Harassment
- Statutory rape (sex with a minor)
Probation Violations
- Failing to report to a probation officer
- Missing curfew
- Testing positive for alcohol or drugs
- Failing to pay fines or restitution
- New charges
Student Offenses
- Assault
- Disorderly conduct
- DWI and DWI under 21
- Fake ID possession
- Underage possession of alcohol
- Possession of marijuana with intent to distribute or for personal use
- Possession of a Controlled Substance
- Prescription Drug Charges
- Sexual assault or battery
DRUG & SUBSTANCE OFFENSES
A drug crime conviction can impose some of the harshest penalties available, including hefty fines, seizure of property, and possible imprisonment. If you are faced with any type of drug crime, you need an experienced criminal defense attorney to help you navigate the complex drug laws of North Carolina.
White-Collar Crime
Common white-collar crimes include:
- Fraud
- Embezzlement
- Money Laundering
- Forgery
If you suspect that you are the subject of a criminal, corporate, or governmental investigation, seek the assistance of an experienced criminal lawyer to help you.
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