Father Charged with Assault on Adult Daughter
My question involves criminal law for the state of: North Carolina
My father has a daugther whom is 19 and has been in and out of jail due to her drug use and other felonies. She was in jail for 3months due to a probation violation and got out a week and a half ago. She lived with him once she was released. On Labor Day, she called him and told him that she was stranded and she wanted to come home. She had not come home for two days, so he told her that he would be there shortly. He arrived and she was not there, so he sent her a text asking where she was.....she replied that she was almost there. When she arrived he told her to come on and he would take her home. She then told him that she did not want to go home, that she just needed some money. Now my father and I have not been providing her with cash because we know that she is using it to inject drugs into her system.
When my father told her that there would be NO MORE money, she flipped. She started telling him " you will give me money" and cussing / yelling at him. Without thought, he backhanded her. Well, someone at the gas station called the law and took both their statements. They arrested my father. When the magistrate looked at his record (empty) and my little sisters (full), they released him on a promise to appear.
We have not heard from my little sister at all, and I really do not care to. My father is 75 and is termally ill. She has taken advantage of him for the last two years.
My question is: what is he facing? I am worried as his health is not good and he will not make it in jail. We have retained an attorney and he told me to get my sister to drop charges, but she did not press any - the police just got a phone call and reported to the call. Help....this is a good man that has been through a lot.
Re: Father Charged with Assault on a Female
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what is he facing?
Fines, probation, and possibly community service, most likely.
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We have retained an attorney
You should be discussing the situation ONLY with your attorney, then. Educated laypeople on the internet are not going to be able to give you better answers than the licensed professional who is familiar with the way the wind blows in your local courts.
Re: Father Charged with Assault on a Female
If no deadly weapon is involved, then it would be a Class 2 misdemeanor for simple assault.
http://www.ncga.state.nc.us/EnactedL.../GS_14-33.html
and you may also look at the sentencing guideline at http://www.ncga.state.nc.us/EnactedL...a-1340.23.html
BTW, it is better to consult this matter with your attorney. Good Luck