This page was written, edited, reviewed & approved by Justin C. Olsinski following our comprehensive editorial guidelines. Justin C. Olsinski, the Founding Partner, has 16+ years of legal experience as an attorney.
A violent crime in North Carolina is any criminal offense that involves the use of force, a weapon, or a threat of force against another person. These charges range from misdemeanor simple assault to Class A felonies like first-degree murder, and they carry some of the harshest penalties in the state’s criminal code under North Carolina’s Structured Sentencing Act (N.C. Gen. Stat. § 15A-1340.10 et seq.). A felony conviction can mean years or even decades in prison, permanent firearm restrictions, and a criminal record that follows you for the rest of your life. The criminal defense attorneys at the Olsinski Law Firm represent clients charged with violent crimes throughout Charlotte, Mecklenburg County, and the greater Charlotte metropolitan area.
North Carolina does not have a single statute that defines “violent crime.” Instead, the term covers a broad group of offenses that share one feature: the use or threat of physical force against another person. Some are misdemeanors. Many are felonies. The most serious fall into Class B1 or Class A categories, which carry the longest prison terms in the state.
Common violent crime charges our Charlotte criminal defense team handles include:
A threat alone can be enough to support a charge. Under N.C. Gen. Stat. § 14-277.1, communicating a threat is a Class 1 misdemeanor even if the person making the threat never touched anyone. That is why many people are surprised to learn they are facing a violent crime charge when no physical contact occurred.
North Carolina does not define assault by statute. Instead, courts apply the common-law rule: an assault is either an attempt to commit a battery, or a show of force that gives the victim a reasonable fear of immediate bodily harm. This means a person can be charged with assault without ever making physical contact. The penalty depends on the class of assault and any aggravating factors, such as use of a weapon, the status of the victim, or the severity of the injury.
The penalties depend on the class of offense and the defendant’s prior record level under N.C. Gen. Stat. § 15A-1340.14. North Carolina uses a structured sentencing grid that gives judges a set range of punishment for each combination of offense class and prior record. For violent felonies, the ranges are severe.
A Class A felony, such as first-degree murder, carries a sentence of life in prison without parole or, in some cases, the death penalty. Class B1 felonies, which include first-degree forcible rape and first-degree kidnapping with serious injury, can carry sentences ranging from about 12 years to life. Class C, D, and E felonies, including voluntary manslaughter and many aggravated assault charges, can carry sentences from roughly three years up to more than 20 years depending on the record level.
Beyond prison time, a conviction can lead to:
A violent crime conviction in North Carolina stays on your criminal record permanently unless it qualifies for expungement, and most violent felony convictions do not qualify. Under N.C. Gen. Stat. § 15A-145.5, many assault and felony offenses are specifically excluded from expungement, even after decades. A charge that is dismissed or results in a not-guilty verdict, however, can typically be expunged. The Olsinski Law Firm handles both violent crime defense and expungement matters for clients in Mecklenburg County.
If you have been arrested or charged with a violent crime in Charlotte, do not wait to get a lawyer involved. Early representation can shape the course of the case, from bond arguments to how evidence is preserved. Call our Charlotte office at 704-405-2580 for a free consultation. We are available 24/7.
Every violent crime case has defenses. The right one depends on what the evidence shows, what statements were made to police, and the specific charge filed. A strong defense can lead to a dismissal, a reduced charge, a favorable plea, or a not-guilty verdict at trial.
Self-defense. Under N.C. Gen. Stat. § 14-51.3, a person is justified in using force, including deadly force, when they reasonably believe it is necessary to prevent imminent death or serious bodily harm. North Carolina also has a “stand your ground” provision, meaning there is generally no duty to retreat from a place the person has a lawful right to be.
Defense of others. The same rules apply when a person uses force to protect a third party from imminent harm.
Defense of home, workplace, or vehicle. N.C. Gen. Stat. § 14-51.2 creates a legal presumption that a person who uses deadly force against an intruder in their home, workplace, or occupied vehicle had a reasonable fear of imminent harm.
Lack of intent. Many violent crimes require the prosecution to prove a specific mental state. If the alleged conduct was an accident, or if the defendant did not intend the result, that can defeat the charge or reduce it to a lesser offense.
Mistaken identity. Eyewitness identification is often unreliable, especially in high-stress situations. A careful review of video evidence, phone records, and witness statements can show that the wrong person was arrested.
Insufficient evidence. The prosecution must prove every element of the offense beyond a reasonable doubt. If key witnesses are not credible, if forensic evidence is weak, or if the state cannot place the defendant at the scene, the case can fall apart.
Constitutional violations. If police conducted an illegal search, took a statement in violation of Miranda, or used an unduly suggestive lineup, the evidence may be suppressed. Suppression of key evidence often leads to a dismissal.
Most felony violent crime cases in Charlotte begin in Mecklenburg County District Court for a first appearance and probable cause hearing, then move to Mecklenburg County Superior Court once a grand jury returns an indictment. Misdemeanor violent crimes, such as simple assault and communicating threats, stay in District Court unless appealed.
The process generally includes:
Certain violent offenses, particularly those involving a firearm, drugs, or interstate conduct, can also be charged in federal court in the U.S. District Court for the Western District of North Carolina. Our firm’s founding partner, Justin C. Olsinski, Esq., is admitted to practice in the Western, Middle, and Eastern Districts of North Carolina and has tried federal cases in Charlotte and Asheville.
Founded in 2011, the Olsinski Law Firm has built its criminal defense practice on taking the hardest cases to trial, not just negotiating pleas. Justin C. Olsinski, Esq. has handled defenses in Class B1 first-degree sex offense cases, federal charges under 18 U.S.C. § 2423, trafficking cases, and kidnapping and habitual felon matters. He has tried cases in Mecklenburg, Cabarrus, Gaston, Iredell, Rowan, Johnston, Pitt, and Montgomery counties, and in the U.S. District Court for the Western District of North Carolina. He is a member of the North Carolina Advocates for Justice and has been recognized as a Super Lawyer and among the Top 100 Trial Lawyers by the National Trial Lawyers.
Partner Salena J. Davis focuses on criminal defense, DUI/DWI, and white collar matters, and works alongside Justin on complex violent crime cases. Together, the Olsinski criminal defense team brings the courtroom experience and preparation that serious charges require.
Many violent crime cases also have side effects that cross into other practice areas. A domestic violence charge can trigger a custody fight. An alleged assault during a car accident can lead to both criminal charges and a civil injury claim. Because the Olsinski Law Firm handles criminal defense, personal injury, and family law under one roof, clients whose cases cross practice areas receive coordinated representation without juggling multiple firms.
A violent misdemeanor in North Carolina carries a maximum sentence of 150 days in jail, while a violent felony can carry years to life in prison. Misdemeanor violent offenses include simple assault, simple affray, and communicating threats. Felony violent offenses include assault with a deadly weapon with intent to kill, kidnapping, robbery with a dangerous weapon, voluntary manslaughter, and murder. The classification affects which court hears the case and what sentence a conviction can bring.
Generally, no. Under N.C. Gen. Stat. § 14-51.4, the self-defense justification is not available to a person who provoked the use of force against themselves, unless that person then clearly tried to withdraw from the fight and communicated that to the other person. North Carolina self-defense law is fact-specific, and even a client who threw the first punch may have defenses available depending on how the encounter escalated.
Most violent crime cases in Mecklenburg County are heard at the Mecklenburg County Courthouse at 832 East Fourth Street in Charlotte. Felony cases are tried in Superior Court after grand jury indictment, while misdemeanor violent offenses are handled in District Court. Federal violent crime charges from the Charlotte area are prosecuted in the Charles R. Jonas Federal Building, which houses the U.S. District Court for the Western District of North Carolina.
No. Under both the Fifth Amendment and Article I, Section 23 of the North Carolina Constitution, you have the right to remain silent and the right to an attorney. You should tell officers clearly that you are invoking both rights and then stop talking. Anything you say can be used against you, and even truthful statements can be misunderstood or taken out of context. Call a lawyer before answering questions.
Legal fees for violent crime defense depend on the seriousness of the charge, whether the case is in state or federal court, and how far the case is expected to go through the process. The Olsinski Law Firm discusses fees during the initial consultation and provides clear written fee agreements. Consultations for criminal defense matters are free.
You can reach our Charlotte criminal defense team 24/7 by calling 704-405-2580. You can also call our Concord office at 704-918-4747 or use our online contact form. The Olsinski Law Firm handles violent crime cases throughout Mecklenburg County, Cabarrus County, and the surrounding region.
A violent crime charge is not a situation to face alone. The sooner you have a defense lawyer reviewing the evidence and protecting your rights, the more options you have. The criminal defense attorneys at the Olsinski Law Firm, part of Olsinski Injury, Family & Criminal Lawyers, represent clients charged with assault, manslaughter, kidnapping, murder, and other violent offenses throughout Charlotte and Mecklenburg County.
Call our Charlotte office at 704-405-2580 for a free consultation, or reach us through our contact form. We are available 24/7.
Mr. Olsinski founded his criminal defense practice in Charlotte, NC, in January 2010. He has successfully defended cases ranging from B1 Felony First Degree Sex Offenses/First Degree Murder to Misdemeanor marijuana charges.
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