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Simple Assault and Aggravated Assault–What are the Key Differences?
You may think that simple assault and aggravated assault are the same, but in North Carolina, these two assaults are slightly different. Depending on the specific situation, you can be charged based on a wide range. Assault in North Carolina is a complicated charge with many variables that can result in a person being charged with either a misdemeanor or a felony.
What are a simple assault and an aggravated assault, and what are the differences between the two? At Sandman, Finn & Fitzhugh, our Raleigh criminal lawyers have experience in all types of assaults. In this article, we will define both kinds of assaults, their differences, and the penalties associated with them.
Difference Between Simple Assault and Aggravated Assault
The biggest difference between simple assaults and aggravated assaults is that simple assaults are classified as misdemeanors and aggravated assaults are classified as felonies. Of course, as misdemeanors, simple assaults carry small fines and little to no jail time. As felonies, aggravated assaults may be punished with heavy fines and lengthy prison sentences. Additionally, aggravated assault being a felony can affect a person’s life forever by ruining chances for jobs, the right to vote, being able to purchase firearms, and possibly traveling outside the country.
Simple Assault
General Statute 14-33(a) defines simple assault as unlawfully assaulting another individual, although the term assault is not explicitly defined. Due to the lack of definition in the statute, assault is characterized by the conventional Common Law offense of assault. Simple assault is the least serious assault offense.
Typically, a simple assault involves minor physical injuries and is ordinarily classified as a Class 2 misdemeanor. For a first-time offender, a simple assault carries potential penalties of up to 30 days in jail. If you have been convicted of the same offense in the past, the judge could sentence you to 60 days in jail and you could be required to pay a fine of up to $1,000.
Potential Penalties and Sentencing for Simple Assaults
A conviction can lead to fines, probation, community service, or jail time, depending on the judge’s discretion and the individual circumstances. Factors that influence sentencing include:
- Prior criminal history
- Severity of injuries
- Use of a weapon
- Domestic violence
Aggravated Assault
Aggravated assault is defined in North Carolina by the State Bureau of Investigation as “an unlawful attack by one person upon another for the purpose of inflicting severe bodily injury usually accompanied by the use of a weapon or other means likely to produce death or serious bodily harm.”
In other words, this means injuring someone or attempting to injure someone with a deadly weapon, such as a gun, knife, or other object. It also includes hitting someone with your fists or headbutting them and causing serious injury.
Penalties for Aggravated Assault
Aggravated assault is punished more severely than simple assault. Penalties for aggravated assault vary significantly based on the specific circumstances, including:
- whether serious injury was inflicted,
- the use of a deadly weapon, and
- the intent of the assailant.
The potential punishments range from misdemeanor charges (Class A1 misdemeanor) to felony charges (Class E or Class C felonies), and can include jail time, fines, probation, and a criminal record.
Here are some classifications of aggravated assaults with potential penalties:
Class A1 Misdemeanor: An assault that inflicts serious injury can be charged as a Class A1 misdemeanor. This is the most serious category of misdemeanor offense. It carries a maximum penalty of 150 days in jail, along with a fine determined by the court. Examples include assault with a deadly weapon, assault on a female, and sexual battery.
Class E Felony: An aggravated assault becomes a Class E felony when a person assaults another with a deadly weapon and inflicts serious injury, or when the assault is committed with the intent to kill using a deadly weapon. Class E felony is a mid-level felony, potentially carrying a prison sentence of 15 to 63 months. The specific sentence may be adjusted based on aggravating or mitigating factors.
Class C Felony: An aggravated assault charge that involves inflicting serious bodily injury on another person, either intentionally or with extreme indifference to the value of human life is a Class C felony. This can also include assaults with a deadly weapon where the intent is to kill and the injury is serious. Class C felonies carry a potential prison sentence of 44 to 98 months, with a usual range of 58 to 72 months.
Class F Felony: When you assault someone with a disability using a deadly weapon or other means of force likely to inflict serious injury, or actually inflicting such injury, you are charged with a Class F felony under General Statute 14-32.1. This is a mid-level felony, carrying a potential prison sentence ranging from 10 to 41 months.
Common Defenses to Assault Charges
Here are some of the common defenses used against simple assault charges.
Acting in Self-Defense
Self-defense is the use of force that is reasonably necessary to defend oneself from harm or injury. In North Carolina, it is lawful to use self-defense to protect yourself against assault.
Protecting Others
If there is a legal justification, cause, or excuse, you are allowed to defend others. The amount of force that is used to defend others must be appropriate and not excessive.
Defending One’s Property
In North Carolina, you have the right to defend and protect your property. In doing so, only the use of reasonable force is permitted.
The Alleged Victim Consented to the Act
There can be a situation where the alleged victim voluntarily consents to an act that would be considered a simple assault involving physical contact. In such an instance the defense can use that consent to argue against the charges.
Contact Sandman, Finn & Fitzhugh Criminal Attorneys in Raleigh
If you have been arrested and charged with an assault, either simple or aggravated, call our assault crime attorneys in Raleigh. Our team of experienced criminal attorneys knows the law and how to defend you. We offer strong legal defense by working diligently to fight for your rights and get the best outcome possible. Contact us 24 hours a day, 7 days a week for a free consultation at (919) 845-6688 or fill out our contact form to speak to one of our attorneys today.