There’s something about Thanksgiving that brings families together and sometimes tears them apart before the pumpkin pie hits the
This isn’t a joke. If you’re reading this, there’s a good chance you or someone you care about is facing assault charges stemming from a holiday gathering in Charlotte or Mecklenburg County. Let’s talk about what you’re dealing with, what the law says, and what happens next.
Why Does Thanksgiving Week Lead to So Many Assault Arrests in Charlotte?
The short answer is alcohol and unresolved tension.
Thanksgiving is the most heavily traveled holiday in America. Families converge. Drinks flow. And sometimes, decades of simmering resentment boil over when Aunt Carol makes that comment about your career choices or your cousin brings up politics at the dinner table.
Charlotte-Mecklenburg Police Department sees a significant uptick in domestic-related calls every year during Thanksgiving week. These aren’t just loud arguments. They’re situations that escalate into physical altercations, broken property, threats, and arrests.
Here’s the reality: when officers respond to a domestic disturbance, someone is usually going to jail. It doesn’t matter who called 911. It doesn’t matter who started it. If there’s evidence of an assault, even minor, an arrest is likely.
What Assault Charges Are Common During the Holidays in Mecklenburg County?
Not all assault charges are created equal. North Carolina law recognizes several types of assault, and the charges filed depend on the circumstances of the incident, who was involved, and whether weapons or serious injuries were present.
Simple Assault – N.C.G.S. § 14-33(a)
Simple assault is the most basic assault charge in North Carolina. It’s a Class 2 misdemeanor and covers situations where there’s an attempt to cause physical harm, or an offensive touching that didn’t cause significant injury.
What does it look like at Thanksgiving?
You shove your brother-in-law during an argument about who gets the drumstick. There’s no injury. No weapon. Just physical contact that crossed the line. That’s simple assault.
Penalties:
- Up to 60 days in jail (for first offense with no prior record)
- Probation
- Community service
- Fines
- Misdemeanor Sentencing
Simple Affray – N.C.G.S. § 14-33(a)
Affray is a mutual fight in a public place or in a manner that causes public terror. When two family members square off in the front yard while the neighbors watch, that’s potentially affray.
This is also a Class 2 misdemeanor.
What Is the Difference Between Assault and Battery for Charlotte Criminal Cases?
Assault charges in Charlotte and throughout North Carolina do not technically separate “assault” and “battery” the way some states do. Here, the term “assault” covers both the threat of harm (what other states call assault) and the actual physical contact (what other states call battery). You’ll often see charges written as “assault and battery” or just “assault,” and they’re treated the same under N.C.G.S. § 14-33.
Assault on a Female – N.C.G.S. § 14-33(c)(2)
AOF – Assault on a Female is one of the most commonly charged offenses during Thanksgiving week in Mecklenburg County.
Under North Carolina law, if a male person 18 years of age or older assaults a female, it’s automatically a Class A1 misdemeanor, the most serious class of misdemeanor in the state.
There’s no requirement that serious injury occur. There’s no requirement that the accused and the alleged victim be in a relationship. A shove, a slap, grabbing someone inappropriately by the arm, any of these can result in Assault on a Female charges.
Penalties:
- Up to 150 days in jail
- Supervised probation (often mandatory)
- Anger management classes
- No contact orders
- Potential firearm restrictions under federal law
Assault Inflicting Serious Injury – N.C.G.S. § 14-33(c)(1)
When an assault results in serious injury (broken bones, lacerations requiring stitches, loss of consciousness), the charge elevates to a Class A1 misdemeanor.
If the assault involved a deadly weapon, the charge is also a Class A1 misdemeanor. “Deadly weapon” doesn’t just mean guns and knives. A beer bottle, a cast-iron skillet, a Thanksgiving carving knife, these can all be classified as deadly weapons depending on how they’re used.
What Is "Serious Injury" for North Carolina Assault Charges?
Assault charges in Charlotte involving “serious injury” under N.C.G.S. § 14-33(c)(1) elevate a simple assault to a Class A1 misdemeanor. North Carolina courts have established through case law that “serious injury” is a factual determination for the judge or jury. Factors include the degree of pain and suffering, blood loss, whether hospitalization was required, and loss of time from work. This is distinct from “serious bodily injury” under N.C.G.S. § 14-32.4, which is a Class F felony and carries a specific statutory definition: injury that creates a substantial risk of death, causes serious permanent disfigurement, coma, a condition causing extreme pain, permanent loss of function of a body part, or results in prolonged hospitalization.
- “Serious Injury” (§ 14-33(c)(1), Class A1 misdemeanor) – factual determination based on case law factors: pain/suffering, blood loss, hospitalization, loss of work time
- “Serious Bodily Injury” (§ 14-32.4, Class F felony) – statutorily defined as injury creating substantial risk of death, serious permanent disfigurement, coma, extreme pain, permanent impairment, or prolonged hospitalization
Assault in the Presence of a Minor – N.C.G.S. § 14-33(d)
If you commit an assault that inflicts serious injury or involves a deadly weapon, and you do so against someone with whom you have a personal relationship (as defined by N.C.G.S. § 50B-1), and you do so in the presence of a minor, you are likely facing enhanced penalties.
The charge is still a Class A1 misdemeanor, but:
- A conviction requires supervised probation
- A second offense requires a minimum 30-day active jail sentence
This is particularly relevant during family gatherings where children are present. If your kids, nieces, nephews, or grandchildren witnessed the incident, this enhanced punishment protocol may apply.
Felony Assault by Strangulation in North Carolina – N.C.G.S. § 14-32.4
Strangulation charges have become more frequently charged in recent years. If during an altercation you place your hands on someone’s neck, restrict their breathing, or impede blood circulation, you could be charged with Felony Assault by Strangulation.
That is a Class H felony, punishable by:
- 4 to 25 months in prison (depending on prior record)
- Felony conviction on your permanent record
- Loss of gun rights
- Immigration consequences for non-citizens
- Felony Sentencing in North Carolina
Strangulation charges are taken extremely seriously by Mecklenburg County prosecutors. Indeed, in Charlotte, DA’s Office has a both a Misdemeanor Special Victims Team. to prosecute Domestic Violence charges. Even without visible injury, the charge can be filed based on the alleged victim’s statements.
Assault with a Deadly Weapon Charges – N.C.G.S. § 14-32
Assault allegations involving a weapon are among the most serious assault charges in North Carolina. The NC criminal law covers three distinct felony offenses based on the combination of factors present.
§ 14-32(a): Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury (AWDWIKISI)
This is the most serious assault charge in North Carolina. The State must prove all three elements, those being assault with a deadly weapon, intent to kill, and serious injury actually inflicted. This is a Class C felony punishable by 44 to 182 months in prison.
§ 14-32(b): Assault with a Deadly Weapon Inflicting Serious Injury (AWDWISI)
The State must prove assault with a deadly weapon and that serious injury was inflicted. No intent to kill is required. This is a Class E felony punishable by 15 to 63 months in prison.
§ 14-32(c): Assault with a Deadly Weapon with Intent to Kill (AWDWIK)
The State must prove assault with a deadly weapon and intent to kill. No serious injury is required. This is a Class E felony punishable by 15 to 63 months in prison.
Thanksgiving altercations can escalate quickly. What started as an argument over football becomes a stabbing with a kitchen knife, and suddenly you’re facing potential years in prison.
| Charge | NCGS Section | Class | Maximum Jail Time | Key Element |
| Simple Assault | $\S 14-33(a)$ | Class 2 Misd. | 60 Days | Offensive touch/attempted harm, no serious injury. |
| Simple Affray | $\S 14-33(a)$ | Class 2 Misd. | 60 Days | Mutual fight in public or causing public terror. |
| Assault on a Female (AOF) | $\S 14-33(c)(2)$ | Class A1 Misd. | 150 Days | Male $\ge 18$ assaults a female. |
| Assault Inflicting Serious Injury | $\S 14-33(c)(1)$ | Class A1 Misd. | 150 Days | Assault resulting in Serious Injury. |
Related Charges: Assault Cases in Charlotte Often Involve Multiple Offenses
Assault charges rarely come alone. When I review cases stemming from Thanksgiving incidents, I almost always see one or more of these companion charges:
Communicating Threats – N.C.G.S. § 14-277.1
If you threatened to hurt someone, or their child, sibling, spouse, or dependent, and the threat was communicated in a way that made them believe you’d carry it out, you can be charged with Communicating Threats.
This is a Class 1 misdemeanor, carrying up to 120 days in jail.
Example: After a physical altercation at Thanksgiving dinner, you follow your brother-in-law outside and tell him, “I’m going to find you tomorrow and beat you silly. And this time it’ll be more than just my fists.” Given the context of the prior physical confrontation, both a reasonable person and the alleged victim could believe the threat will be carried out. That statement could result in criminal charges.
Can Assault Charges Include Communicating Threats for Statements Made in Anger?
Assault charges in Charlotte frequently include Communicating Threats as an additional charge when heated words were exchanged. North Carolina law requires the prosecutor to prove four elements: 1. You willfully threatened to physically injure someone (or damage their property); and, 2. The threat was communicated (verbally, in writing, by text, etc.); and, 3. The threat was made in a manner that would cause a reasonable person to believe it would be carried out; and, 4. The person threatened actually believed you’d carry it out. The fact that you were angry, intoxicated, or “didn’t mean it” is not necessarily a valid defense. If your words met these four elements, the charge could stick.
Injury to Personal Property – N.C.G.S. § 14-160
Punched a hole in the wall? That’s real property. Smashed a TV? Broke your sister’s phone during the argument? That’s injury to personal property under N.C.G.S. § 14-160.
Personal property damage of $200 or less is a Class 2 misdemeanor. Damage exceeding $200 is a Class 1 misdemeanor.
Damage to real property (the house itself, fences, doors) falls under N.C.G.S. § 14-127 and is a Class 1 misdemeanor, with damage of $1,000 or more potentially elevated to a Class I felony.
Interfering with Emergency Communications – N.C.G.S. § 14-286.2
“Interfering with 911” is a charge that comes up regularly in domestic situations.
If during the altercation you grabbed the phone out of someone’s hands when they tried to call 911, ripped the phone cord out of the wall, hid someone’s cell phone to prevent them from calling for help, or broke or damaged a phone being used for an emergency call, you can be charged with Interfering with Emergency Communications, a Class A1 misdemeanor.
This charge carries up to 150 days in jail and is often added on top of assault charges in domestic cases. It also may be a legal basis for the relatively new criminal charge in North Carolina of Misdemeanor Crime of Domestic Violence and possibly also serve as a basis for DVPO – Domestic Violence Protective Order in Charlotte, which is a type of Restraining Order.
Are there Defenses to Interfering with Emergency Communications Charges?
Assault charges in Charlotte that include Interfering with Emergency Communications require proof that you knowingly interfered with an emergency communication. If the phone was accidentally knocked from someone’s hand during a struggle, that may be a viable defense. However, prosecutors will look at the totality of the circumstances. If you grabbed the phone, threw it, hid it, or broke it, even in the heat of the moment, it would be reasonable to expect a Interfering with 911 charge to be filed.
Domestic Violence Protective Orders (DVPOs) Under N.C.G.S. Chapter 50B
Even if criminal charges are filed, the alleged victim may also seek a Domestic Violence Protective Order (DVPO) in civil court.
A DVPO can order you to stay away from the alleged victim, their home, and their workplace; prohibit all contact, including through third parties; affect custody arrangements if children are involved; and require you to surrender firearms.
Violating a DVPO is itself a criminal offense, typically a Class A1 misdemeanor for a first offense, and a Class H felony for subsequent violations.
What Happens After a Thanksgiving Arrest in Charlotte?
Here’s what you need to understand about the process in Mecklenburg County.
You Will Likely Be Taken to the Mecklenburg County Detention Center: JAIL
If you’re arrested on Thanksgiving Day (or any other day), you’ll be taken to the Mecklenburg County Jail and processed. You’ll be photographed, fingerprinted, and given information about the charges against you.
The 48-Hour Rule for Domestic Violence Cases
This is critical, and most people don’t know about it until they’re facing it.
Under N.C.G.S. § 15A-534.1, certain domestic violence offenses are subject to a special pretrial release rule. Only a judge can set bond conditions during the first 48 hours after arrest.
Magistrates, who are available 24/7, 365 days a year, can set bond for many, if not most criminal charges. But for domestic violence cases covered by this statute, you may have to wait for a judge.
What does this mean practically?
If you’re arrested for Assault on a Female (or certain other domestic offenses or extremely serious felony charges subject to the Pretrial Integrity Act) on Thanksgiving evening, you could sit in the Mecklenburg County Jail until a judge is available. Magistrates cannot set bond during that 48-hour window for these specific charges. More information about Pretrial Release and Judicial Discretion.
After 48 hours, if a judge still hasn’t set conditions of release, the magistrate may step in in some circumstances. But for those first two days, you’re waiting, in jail, with NO BOND.
Assault charges in Charlotte involving domestic violence are subject to the 48-hour hold under N.C.G.S. § 15A-534.1, which means only a judge (not a magistrate) can set bond during that initial period. Courts are closed on Thanksgiving Day. However, Courtroom 1130 in the Mecklenburg County Courthouse handles certain matters on most days the main court is closed, though not Thanksgiving Day itself. If you’re arrested Wednesday evening, you may not see a judge until Friday at the earliest. After 48 hours, a magistrate can set bond, but if that bond is higher than you can make, you’re still waiting until first appearance Monday morning to ask a judge to reconsider. This is why having an attorney who understands and can explain the nuances of Mecklenburg County’s relatively complicated (if not confusing at times) court schedule is helpful. We can help you understand the process, prepare for the bond hearing/first appearance, and advocate for release conditions that make sense. Will Assault Charges on Thanksgiving Weekend Mean Jail Time Before Bond?
The First Appearance in Charlotte and Bond Conditions – Courtroom 1130 OR Courtroom 4330
When you do appear before a judge at the “first appearance,” which may be a virtual, video appearance in court, they will review conditions for your pretrial release. In domestic violence cases, judges are now required to review your criminal history, consider the safety of the alleged victim, and consider appropriate conditions, which may include no contact with the alleged victim or a “do not assault, threaten, or harass” Order, geographic restrictions (stay away from the home, workplace, etc.), surrender of firearms, possible GPS monitoring, and alcohol monitoring in some cases.
Violating any of these conditions can result in your bond being revoked and additional criminal charges.
Defenses to Assault Charges in North Carolina
Just because you were arrested doesn’t mean you’ll be convicted. Every case has unique facts, and there can be legitimate defenses to assault charges.
Self-Defense
North Carolina recognizes the right to defend yourself from imminent harm. If you reasonably believed you were about to be assaulted and used proportional force to protect yourself, self-defense may apply.
Key factors include whether the threat was imminent, whether your belief was reasonable, and whether the force you used was proportional to the threat.
Defense of Others
You also have the right to defend family members or others from harm, in limited, appropriate circumstances. If your cousin was being attacked and you stepped in to protect them, defense of others may be a viable argument.
Lack of Intent
For certain charges, the State must prove you acted intentionally. Accidents happen, especially when people are drinking and moving around in crowded spaces. If the contact was genuinely accidental, you may not be guilty of assault.
Insufficient Evidence
The State carries the burden of proof. Every element of the offense must be proven beyond a reasonable doubt. Witness testimony can be inconsistent. Alleged victims sometimes recant or refuse to cooperate. Physical evidence may not support the charges. We examine every piece of evidence to identify weaknesses in the State’s case. To be clear, the decision to “drop charges” belongs to the State (the District Attorney).
Can Assault Charges in Charlotte Be Dropped If the Alleged Victim Doesn't Want to Prosecute?
Assault charges in Charlotte are controlled by the Mecklenburg County District Attorney’s Office, not by the alleged victim. In North Carolina, criminal charges are brought by the State, not by private citizens. Once an arrest is made and/or charges are filed, the prosecutor decides whether to pursue the case or dismiss the charges. The alleged victim does not have the authority to “drop charges.” North Carolina law recognizes specific rights for victims of crime, including the right to be informed, to be present, and to be heard during criminal proceedings. While prosecutors may consider a victim’s wishes as one factor among many, they may proceed with prosecution even when victims request dismissal. The State’s interest in prosecuting domestic violence cases exists independent of the victim’s preferences. Never attempt to influence the testimony or cooperation of the prosecuting witness with law enforcement. Such contact could violate both the terms and conditions of bond/release and may further violate a protective order and result in additional criminal charges including witness intimidation, violation of a Chapter 50B DVPO (assuming one is in place).
POSSIBLE Long-Term Consequences of an Assault Conviction
Even misdemeanor assault convictions can follow you for a substantial amount of time. Indeed, even an arrest for crimes of violence like assault, battery, the misdemeanor crime of domestic violence, communicating threats, and damage to property charges can become problematic, adversely affecting your name and reputation.
Criminal Record
An assault conviction becomes part of your criminal history unless expunged (if eligible for an expunction). It can appear on background checks for jobs, housing, and professional licenses.
Employment
Some employers, especially in healthcare, education, finance, and government, may not hire someone with an assault conviction. Even a misdemeanor can disqualify you from positions of trust.
Firearm Rights
Under federal law (18 U.S.C. § 922(g)(9)), a conviction for a “misdemeanor crime of domestic violence” prohibits you from possessing firearms. This includes Assault on a Female if the alleged victim was a spouse, former spouse, dating partner, or parent of your child.
Professional Licensing
If you hold a professional license in nursing, law, real estate, medicine, or teaching, an assault conviction can trigger disciplinary action from your licensing board.
If you hold a professional license in nursing, law, real estate, medicine, or teaching, an assault conviction can trigger disciplinary action from your licensing board.
FAQs About Thanksgiving Assault Charges in Charlotte
Assault charges in Charlotte deserve the immediate attention of a criminal defense lawyer with substantial experience handling matters in Mecklenburg County. Defendants arrested for domestic violence-related assault may face two separate legal proceedings, including criminal charges in district or superior court, and a civil Domestic Violence Protective Order (DVPO) under Chapter 50B. These are distinct legal actions with different standards, different consequences, and different courts. In the immediate aftermath of arrest, an defense attorney can explain the specific criminal charges and what you’re actually facing, counsel you on the terms and conditions of your release, and help you avoid creating additional problems, even unintentionally. People facing assault charges sometimes violate bond conditions or protective orders because they don’t fully understand them. They contact the alleged victim to apologize or explain. They return to a shared residence not realizing they may prohibited, even if the alleged victim initiates contact or requests the accused to return home. A defendant may ask a family member to relay a message, not understanding that could constitute an indirect contact, which could be prohibited in a “No Contact” Order. Such violations could result in bond revocation. The criminal defense lawyers at Powers Law Firm helps clients navigate the shock of an arrest, understand criminal charges, and avoid making the situation worse in those critical first days. Assault charges in Charlotte require proof beyond a reasonable doubt. If you don’t remember what happened, do not attempt to reconstruct events by talking to family members, witnesses, or the alleged victim. Do not give statements to law enforcement trying to explain what you think occurred. Do not post about the incident on social media. The State carries the burden to prove every element of the offense. Contact an attorney to review the evidence and charges against you. When Should I Hire a Lawyer After Assault Charges in Charlotte?
What If I Was Drunk and Don't Remember What Happened During the Assault?
After assault charges are filed in Charlotte and, if arrested, written conditions may be part of pretrial release. Those conditions can take different forms. In some cases the order bars all contact with the alleged victim. That’s called a NO CONTACT ORDER in Charlotte. Other terms and conditions of release may direct the defendant not ASSAULT, THREATEN or HARASS the alleged victim. Read the release paperwork (CONDITIONS OF RELEASE AND RELEASE ORDER) closely. Review it with your defense lawyer to confirm you understand exactly which restrictions may apply. If a no-contact order is included, do not communicate with the alleged victim in any way. That includes calls, texts, social media messages, in-person conversations, and any indirect communication through friends or family. Even if the alleged victim initiates contact, no response should be made. A violation of a no-contact condition can result in a bond revocation. Can I contact the alleged victim after assault charges in Charlotte are filed?
Habitual Misdemeanor Assault in North Carolina: Frequently Asked Questions
Habitual Misdemeanor Assault (N.C.G.S. § 14-33.2) is a Class H felony charge that applies when someone commits assault with two or more prior assault convictions within 15 years. It elevates what would typically be a misdemeanor to a felony. Two or more prior assault convictions (misdemeanor or felony) are required. The earlier of the two prior convictions must have occurred within 15 years of the current offense. Two types of assault offenses qualify for Habitual Misdemeanor Assault in North Carolina: Simple assault (G.S. 14-33) that causes physical injury and Assault by pointing a gun (G.S. 14-34) What is Habitual Misdemeanor Assault in NC?
How many prior convictions trigger habitual assault charges?
What types of assault qualify for Habitual Misdemeanor Assault charges?
When things don’t go quite right over Thanksgiving: Hiring a Charlotte Criminal Defense Lawyer
Thanksgiving arrests in Charlotte happen under circumstances that are rarely simple. No one wants to spend the holiday in jail. Longstanding family tensions, alcohol, and the stress of everyone being under one roof can turn a disagreement into a situation with serious, potentially long term consequences. What felt manageable in the moment can shift quickly once law enforcement arrives and turns a private conflict into a criminal charge.
The holiday calendar does not stop the criminal process. Magistrates work throughout the week. Bond hearings continue. Domestic violence paperwork may be filed immediately. Charging decisions by law enforcement are made even when courts are closed. By the time court reopens, cases have already moved forward in ways that can shape the rest of the process and the next several months of your life.
If you or a loved one are facing charges that surfaced over the holidays, we think it helps to understand what your release order actually says. Bond conditions are different from protective orders, although often predicated on the same fact pattern. Domestic violence charges fall under a potential forty-eight hour NO BOND rule, which limits a magistrate’s authority to set bond (for a specified period of time) until a judge is available. Courts close on Thanksgiving, yet Courtroom 1130 may handle certain matters on the Friday following the holiday. Small, but important details can affect whether you go home or remain in custody while your case starts to take shape.
None of this is academic, especially to folks dealing with criminal allegations in Charlotte. Release conditions may control who you can speak with, where you can go, and what contact is off limits. A misunderstanding might lead to a bond revocation even when you had no intention of violating anything. Having an experienced lawyer explain the limits of a no-contact order, the difference between an assault charge and a civil protective order, and the steps that follow an initial hearing will help provide a clear picture of what comes next.
Defense lawyer Bill Powers has represented defendants in Mecklenburg County since 1992. If you are facing charges or have a DVPO hearing scheduled, legal guidance can help you understand the process and the options that may be available. Please TEXT or call the Assault Charges Lawyers at Powers Law Firm now at 704-342-4357 to schedule a confidential consultation.