# Violent Crimes Attorney in Franklin, NC ## Violent Crimes Attorney in Franklin, NC A Violent Charge Is Not a Conviction. We Make the State Prove It. [Free Consultation](https://blakepoolelaw.com/contact-us) - The Law Offices of Blake A. Poole - / - Criminal Defense Attorney - /franklin-nc-criminal-defense-attorney - Franklin Violent Crimes Lawyers ## Recent Case Results [View More Cases](https://blakepoolelaw.com/cases) ## Violent Crimes We Defend in Macon County Violent charges cover a wide range of conduct, and the exact charge drives everything that follows, from the penalty to the odds of a felony record. These are the cases we handle most often in Western North Carolina. - ### Simple Assault and Battery - Even a minor scuffle can bring a simple assault charge under [N.C.G.S. § 14-33](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-33.html), a Class 2 misdemeanor. It may sound minor, but a conviction still creates a criminal record, and the charge can escalate quickly if someone claims an injury or falls into a protected category. - ### Assault with a Deadly Weapon - Combine a deadly weapon with serious injury or intent to kill, and the charge becomes a felony under [§ 14-32](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-32.html). At the top end, AWDW with intent to kill inflicting serious injury is a Class C felony. At the top end, assault with a deadly weapon with intent to kill, inflicting serious injury, is a Class C felony carrying many years in prison. What counts as a deadly weapon is often broader than people expect and frequently open to challenge. - ### Assault by Strangulation - Choking or strangling someone during an altercation is charged on its own under [N.C.G.S. § 14-32.4](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-32.4.html) as a Class H felony. The State must prove the strangulation caused a physical injury, and that is often where these cases are won or lost. These allegations often arise in heated domestic disputes and can hinge on medical evidence we examine closely. - ### Domestic Violence Assault - Assault charges tied to a partner or family member carry extra weight, from no-contact orders to lasting effects on custody and gun rights. Many begin as an assault on a female under [N.C.G.S. § 14-33](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-33.html), and exaggerated or false claims are not unusual in the middle of a breakup or custody fight. - ### Common Law Robbery and Armed Robbery - Taking property from someone by force or fear is common law robbery, a Class G felony, and it is indeed treated as a violent crime. Add a weapon, and it becomes robbery with a dangerous weapon under [N.C.G.S. § 14-87](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-87.html), a Class D felony that ranks among the most serious charges short of homicide. - ### Kidnapping - Restraining or moving another person against their will can support a kidnapping charge under [N.C.G.S. § 14-39](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-39.html); a first-degree kidnapping is a Class C felony (victim not released in a safe place, or seriously injured or sexually assaulted); second-degree is a Class E felony. These charges sometimes attach to another dispute, such as a domestic argument, and the details of what actually happened matter enormously. - ### Murder and Manslaughter - Homicide charges in North Carolina range from involuntary manslaughter to first-degree murder. - **First-degree murder** under [N.C.G.S. § 14-17](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-17.html) is a Class A felony, punishable by death or life without parole. A defendant who was under 18 at the time of the killing is sentenced under different rules. - **Second-degree murder** is a Class B1 felony. It drops to Class B2 when the malice is based on a reckless, inherently dangerous act rather than intent. - **Manslaughter** is covered separately under [N.C.G.S. § 14-18](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-18.html). Voluntary manslaughter is a Class D felony, and involuntary manslaughter is a Class F felony. The gap between those charges can mean decades in prison, and it often turns on a single question: what was in your mind when it happened? An intentional killing, a heat-of-passion reaction, a reckless accident, and an act of self-defense are treated very differently. Even a self-defense claim that falls short can reduce murder to voluntary manslaughter. We bring in forensic and medical experts to show what really happened and to fight for the lowest charge the facts support, or an acquittal. - ### Assault on an Officer or First Responder - Assaulting an officer and causing any physical injury, even a bruise, is a felony under [§ 14-34.7](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-34.7.html). Assaulting firefighters and EMS workers is a felony under § 14-34.6. Because emotions run high during an arrest, the officer's account and the body-camera footage do not always match. ## How North Carolina Grades a Violent Charge North Carolina does not treat every violent charge the same. Where a case lands, and how much prison time it carries, depends on the offense class and your prior record under the state's Structured Sentencing system. ### Where Common Violent Charges Fall Violent offenses run the full length of the felony scale. Simple assault is a misdemeanor, while assault by strangulation is a Class H felony and common law robbery is a Class G felony. From there the stakes climb fast: armed robbery is a Class D felony, assault with a deadly weapon with intent to kill inflicting serious injury is a Class C, and first-degree murder is a Class A offense punishable by life without parole. The higher the class and the longer your record, the more time you face, which is why so much of the fight is about lowering the class of the charge. ### The Violent Habitual Felon Law North Carolina saves its harshest enhancement for repeat violent offenders. Under [N.C.G.S. § 14-7.7](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-7.7.html), someone convicted of a violent felony who already has two prior violent felony convictions must be sentenced to life in prison without parole. It is the most severe punishment the state allows short of the death penalty, which makes experienced defense critical any time prior convictions are on the table. ## Facing a Violent Crime Charge in Franklin or Macon County? The charge you face isn't set in stone, and the right defense can reduce it. Call [(770) 573-3707](tel:+17705733707) for a free, confidential consultation. (770) 573-3707 ## Self-Defense and Your Right to Stand Your Ground Not every use of force is a crime. North Carolina law gives you the right to protect yourself and those around you, and in the right case, self-defense can fully defend you against a violent charge. ### When the Law Justifies Using Force Under [N.C.G.S. § 14-51.3](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-51.3.html), you may use force, including deadly force, when you reasonably believe it is necessary to prevent imminent death or great bodily harm to yourself or another person. North Carolina is a stand-your-ground state, so you generally have no duty to retreat from anywhere you have a lawful right to be. ### The Castle Doctrine at Home, Work, and in Your Car [N.C.G.S. § 14-51.2](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-51.2.html), often called the castle doctrine, offers even stronger protection in your home, workplace, or vehicle. When someone unlawfully and forcibly enters one of those spaces, the law presumes you had a reasonable fear of death or serious injury, which can justify the force you used. ### Where Self-Defense Does Not Apply North Carolina’s self-defense protections have limits. Under [N.C.G.S. § 14-51.4](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-51.4.html), the defense doesn't apply to someone who was committing, attempting, or fleeing after a felony when they used force. It also doesn't apply to someone who started the confrontation. Starting a fight does not always end the defense, though. The law restores it in two situations: - **The other person escalated to deadly force.** The response was so serious that you reasonably feared death or great bodily harm, you had no reasonable way to retreat, and deadly force was the only way out. - **You backed off in good faith.** You withdrew, made clear you wanted the fight to stop, and the other person kept going or started again. Separately, the immunity in [§ 14-51.2](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-51.2.html) and [§ 14-51.3](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-51.3.html) does not apply to force used against a law enforcement officer or bail bondsman who was lawfully doing their job and identified themselves, or whom you reasonably should have recognized. Who threw the first punch, who escalated, and who tried to walk away are often the most disputed facts in a violent case. That is why we gather witnesses, video, and phone records early, before memories shift. ## How Long Does Someone Have to Press Charges for Assault Under [N.C.G.S. § 15-1](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15/GS_15-1.html), most misdemeanors, including simple assault and assault on a female, must be charged within 2 years of the incident. A few misdemeanors have a longer 10-year window, but ordinary assault is not one of them. Felonies are a different story. North Carolina has no statute of limitations for any felony, so a charge like assault with a deadly weapon inflicting serious injury can be filed years after the event. That doesn’t make an old case unbeatable. A long, unexplained delay can still violate your constitutional rights, and it often leaves the State relying on faded memories and lost evidence. It’s also worth clearing up a common misunderstanding: the alleged victim does not decide whether a case moves forward. The prosecutor does, and a case can continue even after the accuser asks to drop it. If you’ve been accused, talk with a lawyer now rather than waiting to see whether a deadline passes. ## How We Push Back Against Violent Crime Charges Violent cases are rarely as one-sided as the police report makes them out to be. Our defense starts by rebuilding what actually happened and measuring the state's version against it. - ### Who Started It - Many violent charges come out of a two-sided confrontation, and whether you were the aggressor or were defending yourself is often the entire case. We gather the witnesses, the video, and the context to show which side the truth is on. Where the facts support it, the self-defense protections described above can end a case outright. - ### When the Injuries Do Not Add Up - Charges often rise or fall on how serious an injury really is. We scrutinize medical records and photographs because an exaggerated or unrelated injury can be the difference between a felony and a misdemeanor, or between a conviction and a dismissal. - ### Mistaken Identity in the Chaos - Fights and robberies happen fast, frequently in the dark or in a crowd. Rushed identifications and shaky eyewitness accounts put the wrong person in handcuffs more often than people think, and we challenge how any identification was made. - ### A False or Retaliatory Accusation - Anger, jealousy, and custody battles drive some accusations. We dig into the accuser's motives and surface inconsistencies and earlier statements that show the claim is built on something other than the truth. ## Arrested for Assault or a Violent Crime? One incident should not define the rest of your life. Put a former prosecutor and a former judge in your corner and get honest answers fast. Our team is available 24/7. Free Consultation /contact-us ## Why Franklin Clients Choose The Law Offices of Blake A. Poole When a violent charge threatens your freedom, the team standing beside you matters. - Insight from a Former Prosecutor - Founding attorney Blake Poole spent years prosecuting cases like these. He knows how the state builds a violent crime case and where its proof tends to come apart. - Trial-Ready from Day One - Prosecutors treat a case differently when they know the defense is ready to go to trial. We build every case as if it is going to trial, which strengthens our position in every negotiation along the way. - Straight Talk and Real Access - You will hear the truth about your situation in plain language, and you will have a team that answers when you need it. ## Our Attorneys Watch a Video About Us Blake A. Poole /about-us/blake-a-poole Founding Attorney Leveraging extensive experience as both a prosecutor and defense attorney, Blake provides unique insights and tenacious representation in criminal defense cases. He is deeply involved in the community and dedicated to his clients. - Former Prosecutor & Military Experience - Aggressive Defense with Proven Results - Personal Attention & Constant Communication Our Team /about-us ## Areas We Serve We defend clients facing violent crime charges throughout Western North Carolina, including: https://www.google.com/maps/place/The+Law+Offices+of+Blake+A.+Poole,+LLC+-+Gainesville+Criminal+Defense+Lawyer/@34.1545584,-84.3585985,920955m/data=!3m1!1e3!4m6!3m5!1s0x88f5f68d12855555:0xa9fb1342d745babc!8m2!3d34.3060588!4d-83.8262237!16s%2Fg%2F11h5613c6s The Law Offices of Blake A. Poole, LLC — 505 Green St, Gainesville, GA - Highlands - Sylva - Cashiers - Bryson City - Cherokee - Murphy - Waynesville - and the surrounding communities of Macon County and the far-western counties of the region. ## Violent Crime FAQ It varies with the seriousness of the charge and how far the case goes. A misdemeanor assault resolved early costs far less than a felony headed to trial. We go over fees clearly during your free consultation, so there are no surprises before you decide to hire us. - How much does a criminal defense lawyer cost in NC? There is no single best lawyer for every case. The right attorney focuses on criminal defense, has real trial experience, knows the local courts, and speaks to you honestly. We encourage you to compare experience and results, then judge for yourself after you talk with us. - Who is the best criminal defense lawyer in North Carolina? Most misdemeanor assaults must be charged within two years under N.C.G.S. § 15-1. Felony assaults have no time limit in North Carolina and can be brought years later. Either way, the State, not the accuser, decides whether the case goes forward. - How long do I have to press charges for assault in NC? **Yes.** Common law robbery, taking property from a person by force or fear, is a Class G felony and is treated as a violent offense. Adding a weapon makes it robbery with a dangerous weapon, a far more serious Class D felony. - Is common law robbery a violent crime in NC? ## Get a Serious Defense on Your Side A violent crime charge can move fast and hit hard, but you do not have to face it alone. If you have been arrested or are under investigation in Franklin or anywhere in Macon County, call The Law Offices of Blake A. Poole today at [(770) 573-3707](tel:+17705733707) for a free, confidential consultation. --- The Law Offices of Blake A. Poole, LLC — [https://blakepoolelaw.com/franklin-nc-violent-crimes-attorney](https://blakepoolelaw.com/franklin-nc-violent-crimes-attorney)