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What You Should Know About Criminal Defense for Assault in North Carolina

Admin • Sep 06, 2017

Assault charges are serious because they can result in jail time. Generally, assault refers to a reasonable threat of bodily injury as well as a possible physical attack. Assault may encompass a variety of incidents ranging from bar fights to domestic incidents.

If you have been charged with assault and expect to appear in court, you likely have a lot of questions. This guide will help answer some of the basic questions many people have when they face assault charges in North Carolina.

WHAT IS ASSAULT ACCORDING TO NORTH CAROLINA LAW?

North Carolina recognizes several different types of assault. There are laws associated with several different types of victims, including those who are pregnant or handicapped. In most cases, the charges are based on the level of injury to the victim as well as the setting in which the assault occurred.

Simple assault is the least serious of all the types of offenses and is a misdemeanor. A charge of simple assault might occur if you were to intimidate somebody with the threat of a weapon, for example. Fighting in public is also considered a simple assault. Simple assault does not include serious injury or deadly weapons.

Aggravated assault is considered serious and comes with penalties. This increase in assault charges could occur if the victim was pregnant, working at a school, or some type of first responder. It may involve a deadly weapon or involve threats of death.

Sexual assault may also fall into this category, and it may be considered simple or aggravated. It involves assault with a degree of sexual harm or threat. Sexual assault with a weapon may also include harsher penalties than other types of sexual assault.

Assault resulting in serious injury is the result of injuries that require medical attention, and assault with intent to kill is even more serious. Oftentimes, this type of crime is also associated with battery, physical contact with another person. You may be charged with multiple crimes rather than just assault, even if this is what you were arrested for.

WHAT ARE COMMON DEFENSES FOR ASSAULT CHARGES?

There are several defenses used to combat charges of assault in North Carolina. Generally, charges either rest on the argument that the defendant did not assault the victim or on the argument that the defendant should not be held responsible for the assault. Those who claim that they did not assault the victim may present an alibi, for example.

In some cases, the defendant's lawyer may present a case based on self-defense or entrapment. In some cases, being under the influence of alcohol or drugs can be a defense, and claims of insanity are rare but still used as a defense.

WHAT ARE NORTH CAROLINA'S PENALTIES FOR ASSAULT?

Penalties for assault differ based on whether the offenses are considered misdemeanors or felonies. For assault, penalties could land anything from probation to years in prison.

Simple assault, a misdemeanor, is typically punishable by one year of jail time. In some cases, the court will suspend the sentence and allow for probation.

Felony assault, like assault with a deadly weapon, may lead to several years in prison. Sentences are longer in cases in which there was intent to kill.

IS THERE A STATUTE OF LIMITATIONS FOR ASSAULT IN NORTH CAROLINA?

In North Carolina, there is a two-year statute of limitations for most misdemeanor assaults; however, there is no statute of limitations for felony assault. Misdemeanor assault may not have a statute of limitations in cases where specific malice is involved.

DO I NEED A CRIMINAL ATTORNEY TO FIGHT ASSAULT CHARGES?

Generally, yes. Laws can be confusing, and as you can see, there are many different types of assault. Hiring an attorney is one step you can take to protect your rights in court. Your criminal defense attorney understands North Carolina law inside and out, ensuring that you never find yourself in a position where your rights are being trampled on.

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