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Assault on a Female by a Male Person
1. Definition and Elements of the Crime
The crime of Assault on a Female under North Carolina Criminal Law 14-33(c)(2) is a misdemeanor criminal offense characterized by a Simple Assault upon a female person by an adult male.
Assault on a female does not require committing a battery upon the female.
To prove a defendant committed the crime of Assault on a Female, the prosecutor must establish the following prima facie elements of the crime Beyond a Reasonable Doubt:
- The defendant assaulted the victim
- The defendant acted intentionally
- The defendant acted without lawful justification or excuse
- The defendant was 18 years old or older
- The defendant was a male
- The victim was female
The term “assault” may involve a Simple Assault with Physical Contact. Assault as a Common Law offense is not specifically defined in the North Carolina Criminal Law statute(s).
Physical contact with the victim is not required. North Carolina recognizes more than one type of criminal assault:
- Attempted Assault
- Attempt to assault or overt act
- Appearance of an attempt to assault that is unequivocal
- Use of force
- Use of violence
- Intended to cause immediate physical harm or injury
- With menace or show of force to put a person of reasonable firmness in fear of immediate bodily harm
Assault is also an attempt, by use of violence, to injure the person of another. Assault is a specific intent crime that requires the mens rea to do harm or commit a violent act.
North Carolina recognizes the crime of Attempted Assault.
Assault and Assault and Battery are generally deemed interchangeable terms under North Carolina Criminal Law 14-33: Misdemeanor assaults, batteries, and affrays, simple and aggravated.
2. Examples of Assault on a FemaleA 19-year-old male becomes angry with his 16-year-old sister and slaps her in the face. He may be charged with Assault on a Female, a Class A1 misdemeanor offense.
A 19-year-old male becomes angry with his 22-year-old sister and slaps her in the face. He may be charged with Assault on a Female, a Class A1 misdemeanor offense.
A male who is 17 years and 355 days old becomes angry with his sister and slaps her in the face. He may be charged with the crime of Simple Assault Involving Physical Contact, a Class 2 misdemeanor offense.
A 19-year-old female becomes angry with her sister and slaps her in the face. She may be charged with the crime of Simple Assault Involving Physical Contact, a Class 2 misdemeanor offense.
3. Related OffensesOther related crimes offenses include:
- Simple Assault Involving Physical Contact
- Assault with a Deadly Weapon
- Assault by Strangulation
- Communicating Threats
Assault is not specifically defined under Chapter 14, the North Carolina Criminal Law statute. It exists as a Common Law crime.
The Common Law defenses of Defense of Self (Self Defense), Defense of Property, Defense of Others, and Consent are valid defenses to the crime of Assault on a Female.
5. PenaltiesUnder North Carolina Criminal Law 14-33(c)(2): Assault on a Female by a Male Person is a Class A1 misdemeanor, allowing for a maximum period of incarceration of up to 150 days.
Additional terms and conditions punishment may include:
- Enrollment into and completion of an anger management program
- Alcohol and drug assessment, compliance with any recommended treatment
- Psychiatric or mental health assessment, compliance with recommended treatment
- Costs of Court
- Restitution to the victim
- Civil judgment for damages such as the costs of medical care and treatment
- Fines
- Community service
- Supervised and unsupervised probation
Assault on a Female, a Class A1 misdemeanor, is the most serious class of misdemeanor offense in North Carolina and carries substantial long-term consequences.
Some terms and conditions of a judgment may meet or exceed those imposed for a lower-level felony offense.
Assault on a Female charges, if involving a domestic relationship or child in common, may be subject to special conditions of release and bond.
Assault on a Female may also serve as the legal basis for a civil cause of action under North Carolina General Statute:
- Chapter 50B: Complaint and Motion for Domestic Violence Protective Order (DVPO) - Domestic Violence matters
- Chapter 50C: Complaint and Motion for No Contact Order – Non-Domestic Violence matters
If you have been charged or arrested for Assault on a Female, contact a defense attorney without delay. Exercise your 5th Amendment Right to remain silent.
Our Charlotte criminal lawyers believe it is imperative to immediately begin to gather and otherwise preserve evidence such as video recordings, texts, phone messages, emails, and images.
Defense attorneys will also wish timely secure witness statements, personal contact information, and collect documentation of the allegations that may include obtaining copies of the:
- Charging documents such as the Warrant for Arrest and True Bill of Indictment
- Victim Impact Statement
- Police Reports
- Medical Reports and Hospital Records
- Civil filings seeking protective relief and/or a restraining order
The Powers Law Firm PA provides free consultations for all criminal charges and regularly assists people in the Charlotte metro region and surrounding judicial districts including but not limited to Monroe, Gastonia, Statesville, Salisbury, and Albemarle, North Carolina.
You may reach Bill Powers by email: Bill@CarolinaAttorneys.com
