A criminal domestic violence charge, otherwise known as a CDV charge in Charlotte, NC, is a serious allegation. If you are facing an allegation of criminal domestic violence in North Carolina, you likely have a lot of questions about your rights regarding the charges. These cases can be complex, but this complexity can grow should your partner change their story regarding the allegation.
Sometimes, the partner will recant their allegation entirely, and the accused will still be facing the CDV charges in Charlotte, North Carolina. If this describes your situation, reach out for domestic violence protection at Remington & Dixon serving Charlotte, NC right away. Our attorneys will be able to explain the particulars of your case, the nature of the charges you are facing, and the legal reasons why the case against you may not change, even if your partner recants.
Criminal Domestic Violence (CDV) Charges in Charlotte, North Carolina
North Carolina state law defines a criminal domestic violence charge as the use of physical harm against another member of the household. This can include a spouse or partner, but can also include former spouses, former partners, the other parent of a child, or anyone else you may be currently or previously living with.
The legal rationale behind a CDV charge is rather simple, but the legal processes surrounding them are frequently unclear and difficult. A CDV charge in Charlotte, NC, for instance, could be a minor offense or a felony, depending upon the circumstances, and the penalties for conviction range from being as mild as a term of probation or as serious as 150 or more days in jail. The way that your charges are processed will depend upon the nature of your relationship with the victim, the severity of the allegations against you, your history (if any) of violence, and other factors.
If a current or former partner has made allegations of domestic violence against you, the repercussions are potentially devastating, including restraining orders, mandatory psychiatric treatments, and of course, the possibility of a criminal conviction on your record. For these reasons, it is very important that you work with an experienced domestic violence attorney in Charlotte, NC to ensure that you receive a fair and favorable outcome — particularly if your partner has recanted.
What Constitutes Recanting a Statement in a CDV Charge?
When the alleged victim of criminal domestic violence in North Carolina changes their story, this is considered recanting. However, even if your partner has recanted their allegation against you, you may find yourself still facing CDV charges and jail time. By working with a domestic violence lawyer in Charlotte, NC, these stories can lead to an additional investigation to uncover the truth behind the initial complaint. By noting that your partner has changed their story, your lawyer can initiate a line of questioning that will allow you to clearly explain your version of events, potentially clearing your name.
Recanting doesn’t always mean that your partner takes back their claim – even changing some of the details of the alleged incident can be considered recanting. Anyone recanting a statement, even if this person is not the alleged victim, can affect the charges against you. By working with a CDV lawyer in North Carolina like the staff at Remington & Dixon, you can be sure to have the best possible outcome.
Recanting Statements and Their Effect on Your CDV Charges in Charlotte, NC
The initial report is the version of the event that has the largest weight in the CDV charges against you, and if this version of events ever changes, the extent of those changes will determine the effect this has on the charges you are facing. No matter what the nature of the initial report, the police in Charlotte, NC are obligated to investigate those allegations to the full extent the law allows. Because of all of the factors at work in a CDV charge in Charlotte, a change to the story may not change the weight of other evidence against you and thus may only have a minimal effect on your charges. This is especially true if evidence such as medical records, video, or other such items support the initial report.
Reach Out to a Lawyer to Discuss Your CDV Charge in Charlotte, North Carolina
If you are facing a CDV charge in Charlotte, NC, it is vital that you work with an experienced Charlotte family law attorney like the staff at Remington & Dixon in Charlotte. Our lawyers will make sure that you are given a fair trial, a fair investigation, and if the allegations against you are a misrepresentation of the facts, your lawyers will leave no stone unturned to prove that this is the case. Don’t face charges as serious as criminal domestic violence alone — consult an experienced charlotte divorce attorney at Remington & Dixon today.
Brandon double-majored in Political Science and Criminal Justice at the University of North Carolina at Charlotte. He earned his Juris Doctor from Barry University School of Law in Orlando, Florida. Throughout his career, Brandon has received numerous awards and recognition from his peers and agencies that rate attorneys. A few of these awards are from The National Trial Lawyers: Top 100 Trial Lawyer in 2014, The National Trial Lawyers: Top 40 Under 40 in 2014, Nation’s Top One Percent: National Association of Distinguished Counsel in 2015, Super Lawyers: Rising Stars in 2018 and 2019, and North Carolina Business Magazine: Legal Elite in 2019, among others.