January 31, 2017
North Carolina General Statute §14-33 is the controlling law for assault on a female. A person is guilty of this offense if: (1) he is a male (2) at least 18 years old and (3) commits an assault (4) on a female. North Carolina recognizes two forms of assault. The first form is an overt act or attempt or the unequivocal appearance of attempt, with force and violence, to immediately physically injure another person, with the show of force or menace of violence being sufficient to put a reasonable person in fear of immediate physical injury. To constitute an assault, it is not necessary that the victim be placed in fear; it is enough if the act was sufficient to put a reasonable person in fear of immediate bodily harm.
The second form of assault recognized in North Carolina is assault by show of violence. This form occurs when (1) the defendant shows an apparent ability to inflict injury (even if there is no actual ability); (2) the act is such that a reasonable person would fear harm from it; and (3) the act causes the victim to do something the victim would not have done or to not do something he or she would have done, such as leaving a place or taking a different route. The difference between the two forms of assault is that the first focuses on the intent of the defendant while the second places emphasis on the reasonable apprehension of the victim.
North Carolina uses the Misdemeanor Punishment chart to determine the minimum and maximum punishment a person may receive for their charges. Misdemeanor assault is classified as a Class A1 misdemeanor, which is the most serious misdemeanor with a possibility of 150 days in jail. Assault on a female is not taken lightly in North Carolina, which is why it is essential that you have an attorney help you through the process.