Wake County, North Carolina, Domestic Assault Defense Lawyer

If you or someone you love has been charged with a domestic violence offense, there is one important thing you should know: The prosecutor is often more interested in getting you and your family the help you need than they are in throwing you in jail. At Marcilliat & Mills PLLC, we work with local prosecutors to get our clients into effective anger management and domestic violence counseling programs that will keep you out of jail. In many cases, you can avoid having a conviction on your record by completing an authorized domestic violence program. That’s what is best for you, for your family and for society.

Call our Raleigh criminal defense law firm today at 919-838-6643 to schedule a free consultation or contact Marcilliat & Mills PLLC online.

Should Somebody Have Been Charged?

If you have made an accusation of domestic abuse against your spouse, girlfriend or boyfriend and now want the charges dropped, doing so is not always as easy as just telling the prosecutor you were wrong or don’t want to press charges. The police are nearly always forced to place someone under arrest when they respond to a domestic argument, and the DA is obligated to prosecute.

Do not wait until after a protective order has been issued to seek a criminal defense lawyer. You do have rights; an experienced attorney can advise you what can be done to stop the stay-away order from being issued as well as warn you of the consequences of violating an existing order.

Are you accused of violating an order for protection even though your spouse, girlfriend, boyfriend or whomever holds the order gave you permission to come home or be near him or her? Do not be fooled. Only the court can change a protective order that has been granted. Do not intentionally violate the order thinking that doing so is OK because the other person said so.

Domestic Violence Always Has a Root Cause

Most domestic abuse cases have a root cause that can be traced to substance abuse or some degree of mental illness. We have experience working with social service agencies to help our clients get into substance abuse or professional counseling programs instead of jail. For first-time offenders, a diversionary program may help you avoid the serious consequences of a permanent conviction.

In addition, some cases of alleged domestic violence may be the result of a contested custody battle or divorce case. We know that false accusations of physical abuse are made in family law matters in an attempt to gain an upper hand; you need an experienced criminal defense lawyer on your side if this is happening to you.

Contact our offices to discuss the circumstances of your domestic violence case. We offer a free consultation.

State v. B.S.: Not Guilty Verdict in First Degree Murder Case.

In this case, our client was charged with First Degree Murder in connection with a “drive by” shooting that occurred in Charlotte, NC. The State’s evidence included GPS ankle monitoring data linking our client was at the scene of the crime and evidence that our client confessed to an inmate while in jail. Nonetheless, we convinced a jury to unanimously find our client Not Guilty. He was released from jail the same day.

State v. S.G.: First Degree Murder Charge Dismissed.

Our client was charged with First Degree for the shooting death related to an alleged breaking and entering. The State’s evidence included a co-defendant alleging that our client was the shooter. After conducting a thorough investigation with the use of a private investigator, we persuaded the State to dismiss entirely the case against our client.

State v. B.D.: First Degree Murder Charged Dismissed.

After conducting an investigation and communicating with prosecutor about the facts and circumstances indicating that our client acted in self-defense, the case was dismissed and deemed a justifiable homicide.

State v. I.R.: Reduction from First Degree Murder to Involuntary Manslaughter and Concealment of Death.

Our client was charged with the First Degree Murder of a young lady by drug overdose. After investigating the decedent’s background and hiring a preeminent expert toxicologist to fight the State’s theory of death, we were able to negotiate this case down from Life in prison to 5 years in prison, with credit for time served.

State v. J.G.:

Our client was charged with First Degree Murder related to a “drug deal gone bad.” After engaging the services of a private investigator and noting issues with the State’s case, we were able to negotiate a plea for our client that avoided a Life sentence and required him to serve only 12 years.