Assault charges are serious and can result in severe consequences if you are convicted. Even misdemeanor assault is a crime that you need to vigorously fight. If found guilty, you could face penalties that include fines, community service, probation, and time behind bars, among others. You will need to consider your future and how a potential conviction could impact your life and the lives of your loved ones. A knowledgeable criminal defense attorney will help you resolve the charges and protect your rights.
📢 No time to read? Just press play!
Definition of Assault
Assault is defined as “an intentional act that puts another person in reasonable apprehension of imminent harm or offensive contact.” Simply put, it is intentionally harming or meaning to harm someone. The word “intent” is important because it means that the act was not accidental. A person does not have to be physically harmed, although that is a common occurrence. Assault without physical injury may be called attempted battery. Assault and battery means that the assault resulted in physical harm.
Types of Assault
Depending on the circumstances, assault may be charged as a misdemeanor or felony. There are different types of assault.
- Simple assault is a Class 2 misdemeanor and the least serious assault charge. It may include threatening to cause someone injury, showing force or violence that causes someone immediate fear, or trying to unlawfully touch someone.\
- Aggravated assault is generally a felony. It is injuring or attempting to injure someone with a deadly weapon. A deadly weapon is a gun, knife, or other object. In some circumstances, a person could be charged with aggravated assault for using their hands.
Defending Assault Charges
In order to be found guilty of assault, the prosecutor must prove that the other person was harmed, that you were the person who harmed them, and that you intended to harm the other party. One of several potential defenses may apply in your specific case.
No Intent – Lack of intent to hurt the other person may be a defense to assault charges. You must prove that your actions were accidental rather than intentional. You must not have reasonably foreseen that your actions could result in harm to another.
Self-Defense – The law allows you to defend yourself and, in some cases, your property against imminent harm from another. If you thought that you were in immediate danger of serious or life-threatening harm, you may be allowed to take action. In this case, you will need to prove that you were in imminent danger when you used self-defense.
Consent—In some instances, both people agree to participate in a dangerous activity. For example, if two people decide to fight each other, they each know that they could be hurt. However, consent is generally limited and may not always apply.
Defending assault charges is complicated. Even if you acted in self-defense, you will need to show that you used reasonable force against another. You may only use the amount of force necessary to end the immediate threat.
If you or a loved one is facing assault charges, we are here to provide high-quality legal services. Our criminal defense team has extensive experience handling all types of criminal cases, including assault charges. Contact Arnold & Smith, PLLC, at (704) 370-2828, for a consultation.
se to help provide the best defense possible. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 for a free initial consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-51.3.html
https://www.law.cornell.edu/wex/assault
Image Credit:
Karate Free Photo Download | FreeImages
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC/videos
See Our Related Blog Posts:
North Carolina Appeals Court Rules on the Use of Defensive Force in the Home