When You Need a Vigorous Defense, We Provide

Assault on a female is a Class A1 Misdemeanor under N.C.G.S. § 14-33. If convicted, you could face up to 60 days in jail. If a deadly weapon or strangulation was used during the alleged assault, the charge is elevated to a felony with harsher sentences. Either one of these charges could lessen your ability to keep a stable job, secure loans or housing, or negatively impact a custody battle. We will take time to examine all the facts and evidence surrounding your case. We have over 30 years of experience in criminal cases and have successfully defended thousands of clients in High Point, Greensboro, and Winston-Salem. We understand that not every situation is as straightforward as it seems on the surface.

Some of the questions we ask are:

The Myth of the 48-Hour Hold

Many people believe that if they are arrested for an assault on a female, they will automatically have to spend 48 hours in jail. This is not necessarily true. In North Carolina, you have a constitutional right to go before a judge within those 48 hours.

But, how did this myth start? In 1979 Governor Hunt, formally recognized that domestic violence was a problem and created a task force to tackle the issue. Not long after, the North Carolina General Assembly passed Senate Bill 171. Initially, it enacted the 48-hour hold as a “cooling off” period. However, this was quickly abused and led to defendants just sitting in jail for a full 48 hours or even longer if a judge was unavailable. The North Carolina Supreme Court attempted to address the issue in State v Thompson. They determined that a defendant has a constitutional right to see the first judge who is available for a bond hearing within 48 hours.

Were Your Rights Respected?

Their opinion was officially codified in General Statute G.S. 15A-534.1, which states that a judge must set a defendant’s pretrial release conditions during the first 48 hours after the offense:

“A defendant may be retained in custody not more than 48 hours from the time of arrest without a determination being made under this section by a judge. If a judge has not acted pursuant to this section within 48 hours of arrest, the magistrate shall act under the provisions of this section.”

Magistrates are frequently tasked with setting the pretrial release conditions. But, their authority doesn’t take effect until the defendant has been in custody for over 48 hours without having seen a judge.

Something to keep in mind: if a judge deems that a defendant needs to “cool down”, they may detain the defendant for a “reasonable period of time”, with proper findings, to allow for it. However, that period of time is after the bond hearing. G.S. 15A-543.1(a)(1)