It depends on the charge: many North Carolina domestic violence charges, including assault on a female and the misdemeanor crime of domestic violence, are Class A1 misdemeanors. Strangulation, serious bodily injury, a deadly weapon with serious injury, some repeat offenses and some protective order violations are felonies.
A newer law adds one more felony. For offenses on or after December 1, 2025, a domestic assault with two qualifying prior convictions can be charged as habitual domestic violence.
Key point: A misdemeanor is not a small charge. A Class A1 conviction allows up to 60 days in jail even with no prior record, under G.S. 15A-1340.23.
Many cases start as misdemeanors, and defending a misdemeanor domestic violence charge early matters because a conviction can count as a prior later.
Charged with a domestic offense in Guilford County? Call (336) 379-0539 before your first court date, so a lawyer can start working on which charge the State keeps.
Is Domestic Violence a Felony in North Carolina?
Domestic violence is not one crime in North Carolina. It is a label on many charges, and the specific charge filed decides misdemeanor or felony.
Assault on a female is a Class A1 misdemeanor under G.S. 14-33(c)(2). Simple assault is Class 2, and communicating threats is Class 1 under G.S. 14-277.1.
The misdemeanor crime of domestic violence (MCDV) is Class A1 under G.S. 14-32.5. It covers using or trying to use force, or a deadly weapon threat, by a current or former spouse, a co-parent, a live-in partner, a parent or guardian, or a current or recent dating partner.
Wondering if domestic battery is a felony? North Carolina has no crime by that name, so the class depends on the assault charge actually filed.
The domestic label follows even a misdemeanor conviction. Under G.S. 15A-1382.1(a), after a guilty finding the judge decides if there was a personal relationship, and if so the judgment says the case “involved domestic violence.”
The charge on the arrest papers is the start, not the final word. Your lawyer argues the charge and its class from the first court date.
Felony vs. Misdemeanor Domestic Violence: Every Charge and Its Class
The table lists the North Carolina charges that come up in domestic cases and when each one becomes a felony.
| Charge | NC Statute | Class | When It Becomes a Felony |
|---|---|---|---|
| Simple assault | G.S. 14-33(a) | Class 2 misdemeanor | Habitual misdemeanor assault (G.S. 14-33.2) if it causes physical injury and two qualifying priors exist |
| Assault on a female | G.S. 14-33(c)(2) | Class A1 misdemeanor | Not by itself; a conviction can count as a prior for habitual misdemeanor assault |
| Misdemeanor crime of domestic violence | G.S. 14-32.5 | Class A1 misdemeanor | Habitual domestic violence (G.S. 14-32.6) or habitual misdemeanor assault |
| Serious injury or deadly weapon assault on a partner or family member (personal relationship) in front of a minor | G.S. 14-33(d) | Class A1 misdemeanor | Stays a misdemeanor; a second offense requires at least 30 days active |
| Communicating threats | G.S. 14-277.1 | Class 1 misdemeanor | Not a felony under this statute |
| Stalking | Stalking statute 14-277.3A | Class A1 misdemeanor | Class F with a prior stalking conviction; Class H with a court order in effect |
| Domestic criminal trespass | G.S. 14-134.3 | Class 1 misdemeanor | Class G if armed at a domestic violence safe house |
| Violating a 50B protective order | G.S. 50B-4.1 | Class A1 misdemeanor | Class H after two prior Chapter 50B convictions, while armed and failing to stay away as ordered, or at a safe house; a felony committed in violation goes up one class |
| Buying or possessing a gun a 50B order forbids | G.S. 14-269.8 | Class H felony | Always a felony |
| Assault by strangulation | G.S. 14-32.4(b) | Class H felony | Requires physical injury by strangulation |
| Assault inflicting serious bodily injury | G.S. 14-32.4(a) | Class F felony | Injury meets the statute’s definition |
| Assault with a deadly weapon (AWDW) inflicting serious injury | G.S. 14-32(b) | Class E felony | Weapon and serious injury |
| AWDW with intent to kill | G.S. 14-32(c) | Class E felony | Weapon and intent to kill |
| AWDW with intent to kill inflicting serious injury | G.S. 14-32(a) | Class C felony | All three elements |
| Habitual misdemeanor assault | G.S. 14-33.2 | Class H felony | Qualifying assault plus two priors |
| Habitual domestic violence | G.S. 14-32.6 | Class H felony (first offense) | Offenses on or after December 1, 2025 |
Strangulation is a felony even when no weapon is involved. If that is your charge, read about defending a strangulation charge in Greensboro.
Factors Affecting Felony Charges
The same domestic assault can be a misdemeanor or a felony depending on a few facts.
How Bad the Injury Is
Under G.S. 14-32.4(a), “serious bodily injury” is a Class F felony. It means an injury that creates a substantial risk of death, or causes serious permanent disfigurement, coma, or permanent or protracted extreme pain.
The definition also covers permanent or protracted loss or impairment of a body part or organ, and an injury that results in prolonged hospitalization.
An injury that meets none of those can still be “serious injury.” That keeps the charge a Class A1 misdemeanor under G.S. 14-33(c)(1), unless a deadly weapon was also used.
Which side your case falls on is argued from the medical records.
Whether a Weapon Was Used
A deadly weapon with no serious injury is a Class A1 misdemeanor under G.S. 14-33(c)(1), unless the State charges intent to kill. With intent to kill, it is a Class E felony under G.S. 14-32(c), even with no injury.
A deadly weapon plus serious injury is also a Class E felony. The weapon question decides the class, so see how we handle assault with a deadly weapon charges.
Strangulation
The State must prove a physical injury caused by strangulation for the Class H felony. Whether that injury happened is a fact question the defense examines closely.
Prior Convictions and the 15-Year Window
Two habitual laws can turn a new misdemeanor assault into a Class H felony. Both count prior convictions, not prior arrests or charges.
Habitual misdemeanor assault needs two prior assault or MCDV convictions. For a G.S. 14-33 charge, the new assault must also cause physical injury.
Habitual domestic violence needs two qualifying prior convictions, at least one for MCDV. Two old assault on a female convictions alone do not qualify.
Those two convictions may still support habitual misdemeanor assault.
Both laws measure from the earlier prior conviction to the new offense date. A gap of 14 years and 11 months counts; 15 years and 1 month does not.
Read more on how habitual misdemeanor assault is charged in Greensboro.
A Protective Order Already in Place
Stalking while a court order prohibiting it is in effect is a Class H felony. Protective order violations are counted by convictions, not by violations.
With zero or one prior Chapter 50B conviction, a new violation stays a Class A1 misdemeanor unless a weapon or safe house is involved. With two, the next knowing violation is a Class H felony under G.S. 50B-4.1(f).
Note: A second violation alone is not a felony under that rule, even though some websites say it is.
The New Habitual Domestic Violence Felony (Effective December 1, 2025)
Since December 1, 2025, a new domestic assault can be charged as habitual domestic violence, a Class H felony under G.S. 14-32.6, when the person has two qualifying prior convictions, at least one for MCDV.
“A person commits the offense of habitual domestic violence if that person commits an offense under G.S. 14-32.5, or commits an assault where the person is related to the victim by one or more of the relationship descriptions set forth in G.S. 14-32.5…” G.S. 14-32.6(a)
Two combinations of priors qualify: two MCDV convictions, or one MCDV conviction plus one assault conviction against a person in an MCDV relationship.
Each later habitual conviction goes up one class, capped at Class C. The same law, Session Law 2025-70, changed other rules too, as the UNC School of Government explains.
For offenses on or after that date, MCDV counts toward habitual misdemeanor assault without proof of injury.
An MCDV arrest also triggers the 48-hour rule by itself. That hold is covered in the steps below.
Warning: The misdemeanor plea you take today can become a prior that makes the next charge a felony. Talk to a lawyer before you plead.
A lawyer can check whether each prior truly qualifies. That check can change what you are charged with, depending on the facts of your case.
Talk to a defense lawyer before you talk to anyone else
What you say and sign in the first days often decides what is possible later. The earlier we see your paperwork, the more options you usually have.
Call (336) 379-0539Free consultation with a Greensboro attorneyPenalties for Felony Domestic Violence
Felony sentences come from a grid that uses the class and your prior record level, under G.S. 15A-1340.17. With little or no record, the Level I ranges below apply.
| Felony Class | Example Domestic Charge | Level I Presumptive Minimum | Sentences Allowed at Level I |
|---|---|---|---|
| Class C | AWDW with intent to kill inflicting serious injury | 58 to 73 months | Active only |
| Class E | AWDW inflicting serious injury | 20 to 25 months | Intermediate or active |
| Class F | Serious bodily injury; stalking with a prior | 13 to 16 months | Intermediate or active |
| Class G | Armed domestic trespass at a safe house | 10 to 13 months | Intermediate or active |
| Class H | Strangulation; both habitual charges; 50B felony | 5 to 6 months | Community, intermediate or active |
The minimum is not the whole sentence. A Class H minimum of 6 months carries a maximum of 17 months under G.S. 15A-1340.17(d).
Prior convictions raise your level, and every range rises with it. Compare the Class A1 misdemeanor: 1 to 60 days at Level I, with active jail allowed.
Which level and which sentence apply is argued by your lawyer, not assumed.
Consequences Beyond the Sentence
A domestic conviction follows you after the case ends. A conviction for a misdemeanor crime of domestic violence, as federal law defines it, brings a federal gun ban under 18 U.S.C. § 922(g)(9).
A felony conviction also brings the North Carolina ban under G.S. 14-415.1. Even before trial, it matters how a pending charge affects buying a gun.
A sheriff must deny a concealed carry permit after a conviction or PJC for assault on a female, MCDV, stalking or an order violation, under G.S. 14-415.12(b)(8a).
Before any plea, ask your lawyer how a domestic violence conviction could affect a custody case, a job or immigration status.
Role of Restraining Orders
A 50B domestic violence protective order is a civil order. Knowingly breaking it is a crime under G.S. 50B-4.1, and the order can carry gun rules.
With an emergency or ex parte order, the court must order your guns turned over to the sheriff if it finds a listed factor, such as threats to kill, under G.S. 50B-3.1(a).
Surrender is due immediately when the order is served. Only if the guns cannot be turned over then is the deadline 24 hours after service, at a time and place the sheriff sets (G.S. 50B-3.1(d)).
Buying or possessing a gun while the order forbids it is a separate Class H felony under G.S. 14-269.8.
Steps to Take if Accused of Domestic Violence
The first days after a domestic arrest shape the case. Start with these five steps.
Follow Every Release Condition
Breaking a release condition means your arrest will be ordered, under G.S. 15A-534(d). If you were just released, learn how the 48-hour domestic hold works and what your conditions mean.
Do Not Contact the Alleged Victim, Even to Apologize
A stay-away condition can cover the alleged victim’s home, school, business or workplace. An apology text can still become evidence in the case.
Save Evidence Now
Save texts, call logs, photos and the names of witnesses. Give them to your lawyer first.
Do Not Plead Before a Lawyer Checks Your Record
A plea can create the prior that counts under the habitual laws. Your lawyer checks each prior conviction and the 15-year window before you decide.
Legal Defense Options
The defense tests each fact the State must prove. That means the relationship, the injury, the weapon, the 15-year window and each prior.
Our Greensboro criminal defense lawyers handle both misdemeanor and felony versions. A careful defense can change the charge or result, depending on the facts of your case.
Our team defends the misdemeanor crime of domestic violence and the felony charges above in Guilford County. Call (336) 379-0539 to talk about your case today.
Frequently Asked Questions
Is assault on a female a felony in NC?
No. Assault on a female is a Class A1 misdemeanor under G.S. 14-33(c)(2) for a male at least 18. A conviction can still count as a prior for habitual misdemeanor assault. An assault on a partner can also be the new offense in a habitual domestic violence case.
Is domestic battery a felony in North Carolina?
North Carolina has no crime named domestic battery. The usual charges are assault on a female, simple assault or MCDV, all misdemeanors. The conduct becomes a felony with strangulation causing injury, serious bodily injury, or a deadly weapon with serious injury.
Is domestic abuse a felony?
Domestic abuse is a search term, not a North Carolina charge name. The class depends on the charge actually filed, such as MCDV or assault by strangulation. Even a low-level conviction is marked as domestic violence when the judge finds a personal relationship.
Can a domestic violence misdemeanor become a felony later?
The old misdemeanor stays a misdemeanor, but the conviction can become a prior. Two qualifying priors, the earlier inside 15 years, can make the next domestic assault habitual misdemeanor assault or habitual domestic violence. Both are Class H felonies.
Does strangulation need visible marks to be a felony?
The statute does not use the word marks. G.S. 14-32.4(b) requires an assault that inflicts “physical injury by strangulation.” Whether the evidence proves that injury is a fact question your lawyer tests through photos, medical records and witnesses.
Does breaking an ex parte protective order count the same as a final order?
Yes. Under G.S. 50B-4.1(h), a “valid protective order” includes an emergency or ex parte order. Knowingly breaking one is a Class A1 misdemeanor, and the felony rules apply the same way, even before the hearing on a final order.
Can the victim drop a domestic violence charge?
Not on their own. Criminal cases are brought by the State of North Carolina, and the district attorney decides whether to proceed or dismiss under G.S. 15A-931. The alleged victim can share their wishes. Read more on whether a victim can drop charges in Guilford County.
Felony domestic violence vs misdemeanor: does the misdemeanor still show as domestic violence?
Yes, on a conviction, when the judge finds a personal relationship. G.S. 15A-1382.1 requires the judgment to say the case involved domestic violence, and the clerk records it. The class differs between a misdemeanor and a felony, but the label follows both.
Will a domestic violence charge affect my gun rights?
It can. A conviction for a misdemeanor crime of domestic violence, as federal law defines it, brings the federal ban, and a felony conviction brings the North Carolina ban. A 50B order can require you to surrender your guns. A pending felony indictment also limits receiving a gun under federal law, so check your release order.
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
Talk to a Greensboro criminal defense lawyer today
Bring the warrant, the release order and anything else they gave you.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.