Is Domestic Violence in Raleigh a Federal Offense?

You may have heard the old-school saying, “Don’t make it a federal offense.”  That’s because getting charged and indicted in federal court is a big deal.  Given recent media reports coming out of DOMESTIC VIOLENCE CHARGES IN RALEIGHCharlotte, it’s now legit to ask, “Is Domestic Violence a Federal Offense?”

The even bigger question involves whether DV charges in Raleigh may be subject to such scrutiny by federal prosecutors in Raleigh.

As reported by WSOCTV in Charlotte, the United States Attorney’s Office in the Western District of North Carolina, is giving some domestic violence charges a second look.  By that, we mean the District Attorney’s Office is ordinarily the government agency that prosecutes criminal charges, including DV charges, for state court offenses.

Domestic Violence charges in Raleigh, including allegations of assault on a female, damage to property, harassing phone calls, felony assaults inflicting serious injury, etc., involve both District Court and Superior Court cases.

The “second look,” as proposed by Andrew Murray (the US Attorney in Charlotte), involves whether certain criminal offenses may also qualify for prosecution under the United States Code.

It would be a mistake to assume you cannot be indicted in both state court and federal court.  When applicable, it’s possible to be looking at an indictment involving a federal offense involving a gun or cyber-crimes – John Fanney, Raleigh Criminal Lawyer

Federal Court:  What is a “Federal Offense?”

One way to think about it involves an analogy to paying taxes.  Most people understand “Uncle Sam” wants his tax revenue.  Of course, that’s also true for the tax collector in Raleigh, North Carolina.

In your last tax return, you may recall writing a check to or, hopefully, receiving a refund from the IRS (Internal Revenue Service) and/or the NC Department of Revenue.

As it applies to taxes, there are state income taxes and there are also federal income taxes, both of which are paid from your same paycheck.

It works a bit that way for criminal charges.

There are criminal laws established both under the Common Law of North Carolina and those set forth in the North Carolina General Statutes.  The NC General Assembly is responsible for the laws and criminal procedures as written in Chapter 14, Chapter 15, Chapter 15A, and Chapter 20 of the NC Criminal Laws.

There are also federal criminal laws.  The United States Congress is responsible for “statutory offenses” as set forth under the United States Code.  A violation of the US Code (as annotated) is what Raleigh criminal lawyers may refer to as a “federal offense.”

One would be wise to recognize the fact that the State of North Carolina and the United States Government are considered “separate sovereigns.”  It’s possible, when legally appropriate, to get indicted by both sovereigns.

Legal Issues involving Domestic Violence / Federal Charges

  1. How to choose Criminal Lawyer
  2. What happens after a Domestic Violence arrest?
  3. Restraining Orders
  4. What is a 50B Order?
  5. Tactics in Handling DVPO

Criminal Defense Lawyers in Raleigh:  The Fanney Law Firm

It doesn’t matter if you’ve been charged or indicted for violations of the NC Criminal Laws, allegations relating to Federal Criminal Charges, or both, we’re here to help.

Raleigh criminal lawyer John Fanney is an NC Board Certified Criminal Law Specialist with more than 28 years of practical trial experience helping people with both misdemeanor and felony charges.

I have for years helped people in both state and federal court with criminal charges.  Our goal is to help guide you through the process, explaining the best-case and worst-case scenarios – John Fanney, Wake County Criminal Defense Attorney 

Legal consultations for criminal charges are free of charge at our law office.  Everything you tell us subject to consultation and/or legal representation is subject to what lawyers refer to as the “attorney-client” privilege.

That means we keep secrets.  That’s true even if you decide not to retain our Raleigh law firm for legal assistance.

If you Googled, “Lawyers near me” in Raleigh NC, please give us a ring.  We also help people in surrounding counties including but not limited to Johnston County / Smithfield, Franklin County NC and Harnett County / Lillington.

 

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