Legal Information: Assault on Female Charges

Modified Transcript of “Legal Information: Assault on Female Charges” in North Carolina for the Hearing Impaired:

Article 8 “Assaults,” as described in Chapter 14 of the North Carolina General Statutes, cover a wide range of different conduct. The most basic form or “simple assault” is not specifically defined by the North Carolina general assembly website. That indeed may seem a bit odd. Rather, the Courts and to some extent Common Law have defined an assault as:

Any willful attempt or threat to inflict injury upon the person of another, when coupled with an apparent present ability so to do, and any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm, constitutes an assault. An assault may be committed without actually touching, or striking, or doing bodily harm -Blacks Law Dictionary

Normally a Simple Assault, under North Carolina General Statute 14-33, is defined and therefore sentenced as a “Class 2” misdemeanor. While serious, the potential punishments for Simple Assault are considerably less than for that of “Assault on Female.”

Assault on Female is Categorized as an “Class A1” Misdemeanor and is primarily associated with two important factual distinctions that are based upon the Sex and Age of the accused and the Sex of the alleged victim:

The Defendant or accused at issue is “. . .[A] male person at least 18 years of age”
Whom Assaults a Female

The North Carolina Courts of Appeal have found such statutorily constructed distinction legal and does not otherwise violate the Equal Protection Clause of the North Carolina Constitution. In fact, the following assaults would not fall within subsection (c)(2) of N.G.G.S. 14-33, including but not necessarily limited to:

Male on Male Assaults
Female on Male Assaults
Males Under the Age of 18 on Female Assaults

Even with the same alleged behavior or offense, those simple yet important variances differentiate a Class A-1 or Aggravated Misdemeanor from Class 2 Misdemeanor(s).

It is important to note, there are MANY different types of assault in North Carolina, both misdemeanor and felony offenses

Reviewing the Sentencing Guidelines as provided above (make certain to confirm there have not been amendments since the date of this blog posting) indicate a substantial jump in the maximum possible punishment.

NCGS 14-33 Assaults 2015 (Partial)

(a) Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor.

(b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class 1 misdemeanor if, in the course of the assault, assault and battery, or affray, he:

(1) through (3) Repealed by Session Laws 1995, c. 507, s. 19.5(b);

(4) through (7) Repealed by Session Laws 1991, c. 525, s. 1;

(8) Repealed by Session Laws 1995, c. 507, s. 19.5(b);

(9) Commits an assault and battery against a sports official when the sports official is discharging or attempting to discharge official duties at a sports event, or immediately after the sports event at which the sports official discharged official duties. A “sports official” is a person at a sports event who enforces the rules of the event, such as an umpire or referee, or a person who supervises the participants, such as a coach. A “sports event” includes any interscholastic or intramural athletic activity in a primary, middle, junior high, or high school, college, or university, any organized athletic activity sponsored by a community, business, or nonprofit organization, any athletic activity that is a professional or semiprofessional event, and any other organized athletic activity in the State.

(c) Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, he or she:

(1) Inflicts serious injury upon another person or uses a deadly weapon;

(2) Assaults a female, he being a male person at least 18 years of age;

(3) Assaults a child under the age of 12 years;

(4) Assaults an officer or employee of the State or any political subdivision of the State, when the officer or employee is discharging or attempting to discharge his official duties;

The difference between a regular assault and an assault on female is set by statute in North Carolina.

The two primary factors, that, I guess distinguish it between a normal assault are first, is the assault committed by a male on a female?

Is that male over the age of 18?

So, 18 or older, and that male assaults a female. It’s an enhanced level of punishment.

Whereas, some assaults may be lower level misdemeanors, assault on female is actually the highest level MISDEMEANOR assault. **Does NOT include Felony Assaults

It’s a class A1 misdemeanor, and it carries with it, the maximum possible exposure in jail of 150 days.

It’s serious. I encourage you to give us a ring. We’re here to help. Telephone number is 704-342-help. Talk to you soon.

Bill Powers
704-342-4357
https://www.carolinaattorneys.com/
Bill@342HELP.COM

Resources on Assault on Female Charges in NC: