How Serious Are My Assault Charges in North Carolina?

 Posted on July 28, 2021 in Criminal Defense

North Carolina criminal law categorizes a variety of actions as assaults, some of which are misdemeanors and some of which are serious felony offenses. Any assault charge is something you should take seriously, but it can be difficult to understand exactly what is at stake on your own. With the help of an attorney, you can better understand the charges you are facing and defend against them.

Misdemeanor Assault Charges

The basic assault charge in North Carolina is known as “simple assault,” and it is charged as a Class 2 misdemeanor. You could face simple assault charges if you intentionally physically injure another person, if you attempt or threaten to do so, or if you are involved in an “affray,” which is a public physical altercation. A conviction for simple assault can result in a fine of up to $1,000 and up to 30 days of jail time or community punishment for a first offense. An assault on a sports official, such as a referee or umpire, can be charged as a more serious Class 1 misdemeanor, with a sentence of up to 45 days and fines at the court’s discretion.

A variety of aggravating factors can increase an assault charge to a Class A1 misdemeanor, the most serious level of misdemeanor offense in North Carolina. You may face an aggravated assault charge if you have been accused of one of the following:

• Causing another person serious injury that requires medical attention
• Using a deadly weapon in the commission of an assault
• Assaulting a female, if you are a male aged 18 or older
• Assaulting a child under the age of 12
• Committing domestic assault in the presence of a minor
• Assaulting a State officer or employee, a school employee or volunteer, or a public transit driver or operator

The sentence for a Class A1 misdemeanor can be up to 60 days, and jail time may be more likely.

Felony Assault Charges

Some forms of assault can be charged as felonies, with possible sentences of months or years in prison, depending on the severity. Examples of felony assault in North Carolina include:

• Inflicting serious bodily harm, or that which creates a risk of death or causes permanent or long-term pain, disfigurement, or impairment
• Inflicting serious injury with a deadly weapon
• Discharging a firearm
• Maliciously maiming or disfiguring another person
• Assaulting a person with a disability, a patient or resident of a care facility, or an elderly adult in your care
• Habitually committing assault

Contact a Raleigh, NC Criminal Defense Attorney

If you have been charged with misdemeanor or felony assault, the Wake County criminal defense attorneys at Vasquez Law Firm, PLLC can help you protect your rights. We will review your case and help you prepare a defense strategy to avoid conviction or reduce your charges. For a free initial consultation, contact us at 1-844-YO-PELEO or 844-967-3536. Hablamos español.

Sources:

https://www.ncleg.net/enactedlegislation/statutes/html/byarticle/chapter_14/article_8.html

https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_15a/gs_15a-1340.23.html