Assaults and battery
Domestic violence and protective orders
Gun charges and law
Are you eligible for gun rights?
Assault and Battery
Domestic Violence Offenses
No two cases are the same and that requires great attention to detail. Attorney Peebles listens to each client’s unique story from beginning to end, understanding that each case has its own unique facts and circumstances surrounding the alleged offense. Attorney Peebles gives each case the individualized detail and time necessary to achieve the best outcome possible. If you are charged with a criminal offense, don’t wait to contact our office!
Assaults and Battery
North Carolina defines an assault as an unlawful touching of another or the attempt to do so and battery involves unlawful contact with a person by using force.
Assaults can be classified as a misdemeanor and in some instances a felony. This depends solely on the circumstances surrounding the assault, the allegations from the victim and the relationship between you and the victim.
One of the more common assault charges are simple assault and this is a class 2 misdemeanor. Your possible sentence if convicted is dependent upon your criminal record.
Attorney Peebles has extensive knowledge and experience defending clients against felony and misdemeanor assault accusations. From the initial consultation to the final disposition of your case, Attorney Peebles will be beside you, guiding you through the legal process and fighting for your rights!
Domestic Violence and Protective Orders
Allegations of Domestic Violence are serious. Domestic violence can include assaults, property damage offenses or communicating threats. The charges may not only be criminal but also have a civil summons attached to them for a Domestic Violence Protective Order or a 50b order.
If you have been served with a criminal summons or a civil summons for a restraining order, you need to talk to a lawyer immediately. Attorney Peebles is an experienced attorney that can help guide you through the court process.
After your case is handled in court, you may be on supervised probation. This means you have a probation officer and must follow strict guidelines to avoid being violated by your probation officer.
Since the enactment of the Justice Reinvestment Act, the violations that require you to complete your sentence are restricted to absconding or a new criminal charge (some North Carolina courts have established that in addition to the charge, there must be a conviction). Technical violations or violations such as monetary obligations, completing treatment, missed appointments, failed drug tests, and incomplete court ordered treatment do not require you to complete your suspended sentence. However, your probation could be modified in another manner to allow you the opportunity to come into compliance.
In some instances, you have the option to have a hearing to assess the willfulness of the violation. Most of the time, these hearings are used for absconding violations. Absconding is the willful avoidance of supervision or “skipping out” on probation. Your probation officer as well as the Assistant District Attorney has to not only prove that you willfully avoided supervision, but that your probation officer exhausted all options to locate you.
Attorney Peebles has defended numerous probation violations in Superior and District Court. No matter the violation, the stakes are high and proper representation is important. Completing probation and moving forward with life is the end goal for each client.
Has your probation been violated? Set up a consultation or call us to talk further about your defense.
Gun Charges and Laws
Owning a gun is a constitutional right that most people legally exercise in North Carolina. Since North Carolina is an open carry state, placing a gun into a bag or concealing it in anyway is considered a criminal offense in North Carolina.
Carry Concealed Gun in North Carolina is a class 2 misdemeanor. The nature of this charge is very fact based and relies on the details of the alleged "concealment". By using the phrase “concealed about his or her person,” this law makes it illegal to have a weapon concealed not only on a person, but also within a person’s convenient control and easy reach.
North Carolina Law requires that you apply for a purchase permit through your local sheriff’s department. With the purchase permit, you are legally able to purchase a firearm from a licensed dealer. Even though you have the permit to purchase the gun, it does not allow you to carry your gun in a concealed manner.
To conceal your weapon, you must take a concealed carry class offered in your community. This class is a gun safety class highlighting how to handle a firearm properly and safely.
Are You Eligible For Your Gun Rights?
North Carolina law further specifies that a permit shall not be issued to the following:
An applicant who is under an indictment, or information for, or has been convicted in any state, or in any court of the United States, of a felony (other than an offense pertaining to anti-trust violations, unfair trade practices, or restraints of trade). However, a person who has been convicted of a felony and is later pardoned may obtain a permit, if the purchase or receipt of the pistol does not violate the conditions of the pardon;
The applicant is a fugitive from justice;
The applicant is an unlawful user of or addicted to marijuana, any depressant, stimulant, or narcotic drug;
The applicant has been adjudicated incompetent or has been committed to any mental institution;
The applicant is an alien illegally or unlawfully in the United States;
The applicant has been discharged from the U.S. armed forces under dishonorable conditions;
The applicant, having been a citizen of the United States, has renounced his/her citizenship; or
The applicant is subject to a court order that:
Was issued after a hearing of which the applicant received actual notice, and at which the applicant had an opportunity to participate;
Restrains the person from harassing, stalking or threatening an intimate partner of the person or child of the intimate partner of the person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
Includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child, or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury. N.C. Gen. Stat. § 14-404.