Assault Crimes in North Carolina: FAQs

In North Carolina, assault charges are classified into several categories, each with its own specific definitions and potential consequences. Understanding these distinctions is important for anyone facing such charges.

• Simple Assault: In North Carolina, many people use the terms "assault" and "battery" interchangeably. While there are differences under the law, understanding simple assault is a good starting point. Simple assault is the most basic level of assault offense. It occurs when someone attempts to cause physical harm to another person or behaves in a way that makes the other person reasonably believe imminent bodily harm is coming. There's no requirement for actual physical contact to occur, only the threat or attempt of such. This is the most basic form of assault. Simple assault is generally considered a Class 2 misdemeanor in North Carolina.
• Assault on a Female: This charge is specific to assaults committed by a male who is at least 18 years old against a female. Assault on a Female or “AOF” is considered more serious than simple assault and is classified as a Class A1 misdemeanor. The maximum possible punishment for Assault on a Female is 150 days in jail/prison.
• Assault with a Deadly Weapon: This involves using a weapon or any other object that can cause serious bodily harm or death. The severity of the charge can vary depending on whether the assault caused serious injury and whether there was intent to kill. It can range from a Class A1 misdemeanor to a felony criminal charge, depending on the facts and circumstances of the allegations.
• Assault Inflicting Serious Bodily Injury: This charge is applied when an assault results in significant physical injury to the victim. It is generally classified as a Class F felony in North Carolina. The intent behind the assault, including the intent to kill, may elevate the level of the offense and possible severity of punishment if convicted.
• Assault on a Government Official or Employee: This includes assaults on law enforcement officers, firefighters, emergency medical personnel, and other government employees while they are performing their duties. This charge is taken very seriously and can result in both misdemeanor and felony charges in North Carolina, depending on the facts and circumstances of the offense. That’s one reason it’s important to seek experienced legal counsel if you are facing assault charges involving law enforcement or other government officials.
• Assault by Strangulation: This occurs when the assailant intentionally impedes the normal breathing or circulation of blood by applying pressure to the throat or neck of another person. It is considered a Class H felony due to the potential for severe harm or death.

Each type of assault charge in North Carolina carries its own legal implications and potential penalties. Misdemeanor assaults in NC are defined in N.C.G.S. 14-33. It is important for individuals charged with any form of assault to seek legal advice from an experienced attorney. Criminal lawyers advocate for the best interests of their clients and help explain the complexities of the legal system. Understanding the specific nature of the charge and the circumstances surrounding the allegations is an important part of developing a defense strategy tailored to the unique aspects of your legal matter. At the Powers Law Firm PA, we provide a complimentary case evaluation for criminal charges in the jurisdictions we serve.

In North Carolina, understanding the distinctions between simple assault and more serious assault charges is important for anyone facing criminal allegations. Assault charges can carry substantial, long-lasting legal implications and penalties. Here are some of the key factors that differentiate the different types of assault:

• Simple Assault: In everyday conversation, we often hear the terms "assault" and "battery" used interchangeably. While they have separate, highly technical legal definitions in North Carolina, understanding simple assault is a good foundation. Simple assault represents the most basic form of assault offense. It occurs when someone attempts to cause physical harm to another person or acts in a way that makes that person reasonably believe immediate bodily harm is likely. There's no requirement for actual physical contact to happen, only the threat or attempt of such. A voluntary fight (physical altercation) between two consenting persons may constitute an affray in North Carolina.
• Battery: Battery occurs when someone intentionally touches another person in a way that is offensive or harmful without their consent. This can range from a shove or push to spitting on someone. It's important to note that the contact doesn't have to cause serious injury to be considered battery. The key technical difference between assault and battery lies in physical contact. Assault is the threat or attempt of violence, while battery involves the actual unwanted touching. It’s helpful to understand many, if not most, criminal charges categorized as assault actually represent a physical battery.
• Assault with a Deadly Weapon: This charge involves the use of a weapon or an object that can cause serious bodily harm or death during the assault. The use of a deadly weapon demonstrates a greater intent to cause harm and poses a higher risk of serious bodily injury to the victim. Depending on the circumstances, such as whether serious injury was inflicted or there was intent to kill, this charge can be classified as a misdemeanor or felony. Each case is unique. Consult legal counsel.
• Assault Inflicting Serious Bodily Injury: This charge is applied when an assault results in significant physical injury to the victim. Serious bodily injury under the NC Criminal Laws is expansively defined and may include injuries that impose a substantial risk of death, coma, impairment of a bodily function, or an extended period of hospitalization. Assault inflicting serious injury is often a felony criminal charge in North Carolina and may include related allegations of domestic violence, felony assault by strangulation, and other misdemeanor and felony charges.
• Assault on a Female: This charge is specific to assaults committed by a male who is at least 18 years old against a female. It is considered more serious than simple assault due to the gender dynamics involved and is classified as a Class A1 misdemeanor.
• Assault by Strangulation: This occurs when the assailant intentionally impedes the normal breathing or circulation of blood by applying pressure to the throat or neck of another person. Given the potential for severe harm or death, this charge is classified as a Class H felony unless the conduct is covered under another provision of the NC criminal laws that allow for greater punishment.
• Assault on a Government Official or Employee: Assaults on law enforcement officers, firefighters, emergency medical personnel, and other government employees while they are performing their duties are taken very seriously. This reflects the additional protection provided to public servants due to the nature of their work.

The classification and severity of these charges depend on various factors, including the assailant's intent, the presence of a weapon, and the nature and extent of the victim's injuries. Each type of assault charge in North Carolina carries its own legal implications and potential penalties.

Individuals charged with any form of assault should seek legal advice from an experienced criminal defense attorney. Lawyers advocate for your rights and help you navigate the complexities of the legal system. Understanding the specific nature of the charge and the circumstances surrounding the incident is an important aspect of developing a defense strategy for these serious charges.

In North Carolina, the penalties and consequences for an assault conviction vary widely based on the specific type of assault charge and the circumstances surrounding the incident. Understanding the potential outcomes is important for anyone facing criminal allegations. Here’s an overview of what you might expect:

• Simple Assault: Simple assault is typically classified as a Class 2 misdemeanor. If convicted, the punishment includes up to 60 days in jail and a fine of up to $1,000. The exact sentence may depend on the defendant’s (the person facing criminal charges) prior criminal record and the details of the case. More information on misdemeanor penalties can be found here.
• Assault on a Female: This charge is a Class A1 misdemeanor, which is more serious than simple assault. The penalties can include up to 150 days in jail. For any suspended or probationary term, the Court (the Judge) may order mandatory counseling or anger management programs. Convictions for assault on a female can also have long-term consequences, such as affecting employment opportunities and the right to possess firearms. Assault on Female (AOF) charges may also involve allegations of domestic violence and the possible issuance of a restraining order and/or a Domestic Violence Protective Order. Details about the legal aspects of a 50B / DVPO are available here.
• Assault with a Deadly Weapon: Depending on the severity of the injury and intent, this charge can range from a misdemeanor to a felony. Penalties may include substantial prison time, fines, probation, and a permanent criminal record. Felony assault convictions can severely impact one’s future, including job prospects, housing opportunities, and the ability to purchase weapons and/or conceal carry. Indeed, a conviction for any type of assault charge in North Carolina can adversely affect gun rights.
• Assault Inflicting Serious Bodily Injury: North Carolina law considers assault inflicting serious bodily injury a felony criminal charge. It applies when someone commits an assault on another person, and that assault causes the victim to suffer significant physical harm. Assault inflicting serious bodily injury is defined under North Carolina General Statute § 14-32.4.
• Assault by Strangulation: Classified as a Class H felony, a conviction of assault by strangulation charges in North Carolina can result in significant penalties. Convictions for felony assault by strangulation can result in incarceration, mandatory counseling, mental health and anger management treatment, substance abuse assessment and treatment, loss of gun rights, and long-term social and professional consequences.
• Assault on a Government Official or Employee: Assault on law enforcement officers and other government officials acting within the course and scope of their duties is a serious criminal charge in North Carolina. It may be classified as either a misdemeanor or felony criminal allegation, depending on the severity of the injuries and circumstances of the assault.

Aside from legal penalties, assault convictions can have lasting consequences on an individual’s life. These may include:

• Criminal Record: Certain criminal convictions in North Carolina can remain on your criminal record permanently, impacting future employment, housing, and educational opportunities.
• Firearms Rights: Misdemeanor and felony assault convictions can result in the loss of the right to possess firearms. In North Carolina, a felony conviction generally prohibits you from possessing or purchasing a firearm for life. This applies to any felony conviction, regardless of whether it happened in North Carolina, another state, or under federal law. There are, however, a few exceptions. Expungement: If your felony conviction is expunged (essentially erased from your record), you may be able to regain your firearm rights. However, this process can be complex and requires legal consultation. Pardon: Receiving a pardon from the Governor can also restore firearm rights, but this is a rare occurrence.
• Child Custody & Visitation: An assault conviction can strain personal relationships and impact child custody or visitation rights.

Given the serious nature of assault charges and their potential consequences, it is a good idea to seek legal counsel. A defense attorney looks out for your best interests and helps protect your legal rights. If you are accused of assault, the criminal defense lawyers at Powers Law Firm would like to help! Call now: 704-342-4357