North Carolina Assault Defense Lawyer

When you have been accused of or arrested for assault, it may be unsettling to know whether a situation will go any further. You might not think you will be charged for an incident that went too far. The best course of action would be to call a North Carolina assault defense attorney right away to provide you with legal guidance on how to best proceed next and an explanation of what the potential outcomes of your case might be. 

Even if you are facing a misdemeanor charge, it is still essential that you avoid conviction because an assault on your criminal record can have serious negative consequences for you in the future. Hiring a skilled assault defense lawyer helps you obtain a favorable result in your case. In some instances, an experienced assault defense attorney can even argue to get your charges dropped or reduced. If your case does go to court, they will aggressively advocate for you and mitigate your sentence if you are convicted.

In North Carolina, assault and battery are one in the same charge and are not two distinct crimes. An assault is the threat of unlawful contact or touch, and it is not determined by physical contact. Battery, on the other hand, is unlawful, violent touching or contact of another person. They often overlap and are one in the same charge. 

Simple Assault Charges in North Carolina 

A simple assault, assault and battery, or affray, charge in North Carolina is one that does not have any aggravating circumstances, such as an incident resulting in serious bodily injury or the use of a firearm.

If convicted of a Class 2 misdemeanor assault, the maximum penalty will be 60 days in jail, depending on criminal history. If it was a first offense, you may face up to 30 days of community punishment. 

Other Assault Crimes in North Carolina 

A Class 1 misdemeanor is more serious and can have a penalty of up to 150 days in jail or other punishments. If you have an existing criminal history, you may face up to five months in prison. You may be charged with a Class 1 assault charge if you:

• Seriously injured another person during the assault 
• Used a deadly weapon 
• If you are a male and assaulted a female 
• If you assaulted a child under 12
• Assaulted a state officer or employee
• Assaulted a school employee
• Assaulted a police officer or other type of law enforcement
• Assaulted a public transit operator 

Contact a seasoned North Carolina assault defense lawyer for guidance surrounding your case. It is imperative to have the help of an experienced attorney to build a strategic defense to avoid harsher punishments. 

Felony Assault Charges in North Carolina 

Certain assault crimes are felonies and have more severe consequences. For instance, causing serious bodily harm during an assault can result in a Class F felony which has penalties of up to 41 months of imprisonment. Serious bodily injuries can be one of the following: 

• Prolonged hospitalization 
• Permanent disfigurement 
• Permanent or long-term pain 
• Coma 
• Permanent damage to organs or body part 
• Risk of death 

Other types of assault can result in felony charges. A class H felony conviction from an assault by strangulation is punishable up to 25 months of incarceration, depending on the details of the incident. 

Lastly, if you assault someone with a deadly weapon with the intent to kill or inflict serious injury, that is a Class C felony. This offense may result in penalties of imprisonment for up to 182 months. If you did not have an intent to kill, it becomes a Class E felony and you can face up to 63 months of prison time, depending on the circumstances of your case. 

If you are facing felony charges for an assault, speak with a North Carolina assault defense attorney promptly to discuss your unique case. A seasoned lawyer can assist you in building a successful case and save you time, money, and freedom.