Charlotte Criminal Lawyer Blog
Assault and Battery Charges in North Carolina
Assault charges are among the most common types of criminal charges in North Carolina. A conviction of assault charges could result in serious penalties that may include jail time, fines, community service, and more. In North Carolina, there are three main types of crimes that are similar. These include assault, battery, and affray. While these are defined as separate crimes, the penalties if found guilty are basically the same.
- Assault – Assault in North Carolina law is defined as “an attempt to injure another by use of force or violence, or an act of force or violence that places another person in reasonable fear of immediate bodily harm.” An assault occurs when someone intends to cause harm to another and not by accident.
- Battery – Battery is the unlawful contact of another person. Battery involves the intentional injury of another and can range from hitting or shoving someone to hurting them with a weapon. Battery may also occur without physical force, such as poisoning for example.
- Affray – An affray is another word for a fight. A fight may take place between two or more people and may harm or scare others in the area. For example, when a fight takes place at a restaurant, bystanders could be harmed during the incident.
Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”
Is Assault a Misdemeanor or Felony?
Assault may be either a misdemeanor or felony, depending on the circumstances. Simple assault is the least serious of the assault crimes. Simple assault is typically a Class 2 misdemeanor. The charges may be elevated to a Class 1 misdemeanor if the victim is a sports official, a child under the age of 12, a pregnant woman, or a person with a disability. Class 2 may also apply if the person was assaulted due to their race, religion, ethnicity, or color.
Aggravated Assault
Some assaults may be considered Class A1 misdemeanors. These are usually aggravated assaults or assaults with a deadly weapon. A Class A1 misdemeanor may be charged when the injuries to the victim are serious and result in hospitalization. If the defendant pointed a firearm at the victim during the crime, it is considered aggravated assault. The use of any type of deadly weapon will result in these charges. However, if two of the aggravating factors are present, the crime is elevated to a felony assault.
Felony Assault
Assault with a deadly weapon, intent to kill, inflicting serious injuries, is known as AWDWIKISI. It is a Class C felony. A Class C felony applies when a person assaults another with a deadly weapon and intends to kill the victim, and inflicts serious injuries to the person. When only one of the two factors is present, it will result in a Class E felony charge. Strangulation is a type of bodily harm that will result in a Class H felony charge. If an aggravated assault occurs to a person working in a protected occupation, Class I felony charges apply. Each type of felony has specific associated penalties if convicted.
Any type of assault charges are serious. If convicted, you could receive a sentence that may include jail time and fines and will result in a criminal record. If you have been charged with assault you will want to seek guidance from an experienced criminal defense attorney. Contact us today at Arnold & Smith, PLLC at (704) 370-2828 to discuss your charges with our legal team.
case 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/byarticle/chapter_14/article_8.html
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