New Misdemeanor Crime of Domestic Violence

Last month, the North Carolina General Assembly passed S.L. 2023-14 (S 20) which largely covers changes to abortion laws. Within this bill is also a newly defined “misdemeanor crime of domestic violence,” which takes effect for offenses committed on or after December 1, 2023. This post discusses the utility of the new offense and the implications that it may have on a defendant’s gun rights.

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Avoiding Criminal Charges by Not Coming to Court

Not showing up for court is, generally speaking, bad trial strategy.  In criminal court, such behavior can result in such unpleasantness as entry of an order for arrest and the revocation of one’s driver’s license.  In civil court, a defendant’s failure to respond can result in a default judgment for the entire sum claimed by … Read more

Ban on Gun Possession by Defendants Convicted of a “Domestic Violence Misdemeanor”

Federal law makes it illegal for a person to possess a gun after having been “convicted in any court of a misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). A “misdemeanor crime of domestic violence” is a misdemeanor that “has, as an element, the use or attempted use of physical force, or the threatened … Read more