Is Domestic Violence in Durham a Federal Offense?

“Stop making such a fuss. It’s not like it’s a federal offense.” You may have heard that in the past, understanding it relates to making a bigger deal of something than it deserves. But after a recent report by WSOCTV in Charlotte, it’s now reasonable to ask, “Is domestic violence in Durham a Federal offense?”

That’s true because Andrew Murray, the US Attorney in the Western District of North Carolina, has purportedly expressed interest in reviewing domestic violence cases relative to violations of the United States Code (U.S.C.)

Will that be the case in Durham County too, which is considered the “middle district” of the United States federal court system in North Carolina?

While it may come as a surprise to some, there are instances when an alleged “act of domestic violence” may subject the accused to indictment for federal offenses. Obviously, each case is different.

If you’ve been indicted or arrested for criminal charges in Durham, it’s a really good idea to immediately seek legal representation – Cole Williams, Durham Criminal Defense Lawyer

In many, if not most instances, Domestic Violence or “DV” involves state court charges for violations of the NC Criminal Laws.

That may include things like felony assault, assault by strangulation, assault with a deadly weapon inflicting serious injury, and misdemeanor charges such as an assault on a female or communicating threats.

Federal charges and prosecution as a federal offense, carries the potential for longterm consequences, the judgment for which may be more severe than NC state court violations. Take such matters seriously.

Domestic Violence relates to the relationship between the alleged victim and is not necessarily a criminal charge in and of itself.

There are several different violations of the criminal statutes that qualify for special consideration relating to bond and conditions of release if they are deemed domestic violence.

Misdemeanor or Felony: Federal Offense vs State Crimes?

The prosecution in the federal court system relates to violations of the US Code. That’s different than violations of NC state laws, which if they take place in Durham County, are prosecuted by the Office of the District Attorney in Durham.

They are two separate, distinct legal systems. There can be cross-over for the same alleged criminal acts.

The legislative branch responsible for enacting federal criminal charges is the United States Congress. The North Carolina General Assembly establishes state statutory offenses as enumerated under North Carolina General Statutes.

North Carolina, as an original colony of Great Brittain, also still recognizes certain Common Law criminal offenses.

Our systems of justice can be a little complicated, if not confusing. If you have been arrested or charged with any criminal offense, it’s our firm opinion your legal matter deserves careful consideration by an experienced criminal lawyer in Durham – Cole Williams

The constitutional protection against “Double Jeopardy” does not necessarily preclude prosecution for both state criminal law violations and those related to a federal offense under the United States Code.

Domestic Violence Charges in Durham – DVPO Restraining Orders

Criminal Defense Lawyer: Cole Williams – Durham Attorney

If you Googled, “Lawyers Near Me” in Durham, it would be our pleasure to sit down and meet with you to discuss your criminal charges. Cole Williams is an experienced, dedicated courtroom advocate.

Our legal consultations for criminal charges are free of charge. We protect you and your confidences– Cole Williams

Please call now to schedule your complimentary consultation. Legal consultations are subject to “attorney-client privilege,” even if you ultimately decide not to retain our legal services.

We provide legal assistance for matters including assault, assault/battery, assault on female, damage to property (injury to personal property), interfering with emergency communications, and communicating threats.