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What We DoIn the State of North Carolina in 2013, according to the North Carolina Department of Justice, there were 108 domestic violence related murders, comprised of 62 female victims and 46 male victims. Wake County is one of the state-leaders in terms of domestic violence related murders; the county contributed to 8 of the 108 murders. Consequently, North Carolina takes domestic violence very seriously, and because of the chaos surrounding domestic violence, as well as the increased possibility of passion-fueled anger and drug or alcohol involvement, police approach these situations very carefully and often detain one or both parties.
As a prominent Raleigh domestic violence lawyer, Dewey P. Brinkley has defended both men and women charged with domestic violence, and since founding the Law Office of Dewey P. Brinkley in 2005, Attorney Brinkley has discovered that no domestic violence case carries a simple definition.
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To give you an idea of how seriously North Carolina and Raleigh considers domestic violence cases, it is important to note that even if you’re presumed innocent at the scene of the crime, you may be asked to spend a night in jail for a “cooling off” period. This is the only situation in North Carolina law where you can receive mandatory jail time before the ability to post bond. Furthermore, because of the emotional toll involved with these cases, determining the truth behind domestic violence generally depends on one party’s word versus the other’s.
You can find the legal definition of domestic violence in North Carolina under § 50B-1 of the North Carolina General Assembly. In short, domestic violence means that one party has committed an act against an aggrieved party or upon a minor child (or a child in the custody of the aggrieved party), and these acts can include:
In Raleigh, as well as many other cities across North Carolina, there are many problems involved with domestic violence cases. For example, most domestic violence cases involve heavily fighting couples that require police intervention, and in these cases, there is frequently no evidence other than a person’s words. What’s more, a criminal conviction for domestic violence can arise solely from an accusation. Because the Wake County District Attorney Office upholds a No Drop policy, the court cannot drop the charges even if the alleged victim recants the domestic violence allegations.
For those charged with domestic violence, there needs to be a personal relationship between the two parties. The requirements for a personal relationship include:
In these cases, the court determines the personal relationship, calls witnesses, and investigates police reports and proceedings. The alleged victim can also call for protective orders if they fear the possibility of becoming a victim of domestic violence. If ultimately charged with assault in a domestic violence case, the defendant could receive anywhere from 30 days in jail to several years in prison. Raleigh domestic violence attorney Dewey P. Brinkley has successfully defended many alleged offenders. From analyzing the case and investigating police reports to aggressively representing you in court, the Law Office of Dewey P. Brinkley diligently protects your rights and guides you through the domestic violence proceedings.
Because of the heavy emotional toll as well as the over-reliance on testimony, as well as a myriad of other factors, it is important to contact an experienced Raleigh domestic violence attorney immediately after your arrest of if your partner is filing for a protective order on the basis of possible domestic violence. In addition to giving you an honest outlook on your case, attorney Dewey P. Brinkley ensures extensive investigation into the relationship, the police and court proceedings, and every factor revolving your case. In other words, no stones will be left unturned. You can head to Dewey P. Brinkley’s office in downtown Raleigh at 16 W. Martin Street, or contact the law office at (919) 832-0307 for a free consultation.
Certified Criminal Law Specialist by North Carolina State Bar.
Tried over 250 criminal cases in local courts.
Knows prosecution strategies from time as Assistant District Attorney.
Direct, responsive service from start to finish by Brinkley himself.
4.9-star client reviews praise professionalism and case outcomes.
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Before founding our Criminal Defense Law Firm in Raleigh, Attorney Dewey P. Brinkley worked for almost three years in the Wake County District Attorney’s office, gaining in-depth experience handling domestic violence, misdemeanors and juvenile court offenses.
As a Raleigh Criminal Defense Lawyer, he handles serious felony charges, including armed robbery and attempted murder, as well as DWI, traffic tickets and violations and misdemeanors. Whatever charge you face, we can help.