Simple Assault Using Physical Contact in North Carolina

A “simple assault using physical contact” charge differs from a standard simple assault charge. Generally, accusations of simple assault involve either an attempt to harm another person without the actual enactment or violence or intentionally threatening another person with battery. To argue that a person engaged in simple assault, the prosecution must indicate that:

• You intended to threaten another party or otherwise insinuate fear of harm
• The target of the alleged threat must have genuinely feared for their immediate safety
• The alleged victim must have endured some manner of harm, be it physical or emotional

When you factor physical contact into simple assault charges, however, the circumstances under which you can face legal consequences grow more specific—and more severe. Simple assault using physical contact can be defined as the use of force to threaten or frighten another party. Examples of simple assault using physical contact can include:

• Shaking another person
• Using violence against your surroundings
• Coming into direct contact with an alleged victim in a threatening manner

Though the assault may not even be intentional, it can still be held against you.

Is Simple Assault Using Physical Contact the Same as Assault and Battery?

It is easy to conflate simple assault and battery, as the two charges are often seen together in court. That said, simple assault using physical contact is not the same thing as battery. Battery is specifically defined as the use of violence against another person in such a way as to do harm to that person.

Simple assault using physical contact, comparatively, is classified as the use of physical contact to impress the fear of harm into another person. While simple assault using physical contact can transform into a battery charge, the initial claim only highlights the threat of harm.

You can be accused of simple assault using physical contact when an alleged victim believes that your direct, physical contact with them threatened them with immediate harm. The prosecution, who bears the burden of proof in your criminal case, must indicate that:

• You intended your physical contact to be threatening, if not actively harmful, to the target
• The target had genuine reason to believe, based on your physical contact, that they were in immediate danger
• The target came away from their physical encounter with you with some manner of physical or emotional injury

If the prosecution cannot prove these points beyond a reasonable doubt, you have cause to challenge the charges brought against you.

North Carolina General Statute: Assault defines the consequences for simple assault. This statute states that parties brought up on charges of simple assault face Class 2 misdemeanors. If left unchallenged, these charges can see you face up to 30 days on probation or in jail.

Similarly, parties accused of simple assault may have to pay fines of up to $1,000 when addressing their alleged behavior. If the party on the stand has an existing criminal record, the court may choose to increase their required time on probation or in jail to a maximum of 60 days.

If you do not challenge accusations elevating your case from simple assault to simple assault using physical contact, your consequences may grow more severe. You may see an increase in jail time and/or your fines as well as consequences including:

• Required anger management treatment
• Court and legal fees
• Required regular drug testing
• Restitution

You can discuss how the prosecution intends to complicate your charges in an initial consultation with a simple assault attorney.

Contacting a simple assault attorney shortly after someone levels accusations of simple assault using physical contact against you can help you get ahead of your case’s narrative. Specifically, you can work with a simple assault attorney to argue that:

• You were defending yourself from perceived harm
• You were using aggressive body language to protect other parties around you
• You were defending property that the prosecution compromised
• The prosecution is misrepresenting their consent in conversations about your behavior

Note that these arguments do not allow you to hold the other party involved in your case accountable for any alleged criminal behavior. You are not going on the stand to enact criminal consequences against the prosecution. 

Instead, these arguments are meant to help our team reduce the severity of the charges brought against you. Under the best possible circumstances, these arguments can even see your simple assault using physical contact charges dropped entirely.