Experienced Raleigh Assault Attorneys
If you are facing assault charges, it’s important to understand how serious these charges are. Even a misdemeanor conviction can negatively affect your life, making it difficult to get a job, rent an apartment, or get custody or visitation with your children. You need legal representation from a criminal defense attorney in Raleigh who you can trust to act in your best interests. Not only do you need someone with experience, they need to be dedicated to getting the best possible outcome, from providing sharp legal counsel to aggressively fighting against investigators and prosecutors to advocate on your behalf and protect your rights.
The attorneys at Sandman, Finn & Fitzhugh bring over 60 years of combined legal experience to their clients. While many of those years have been spent defending clients, they’ve also worked on the other side of the aisle as Assistant District Attorneys for Wake County. This gives our team of attorneys a unique perspective as well as insight into how prosecutors think, plan, and strategize, giving them an advantage.
Do you need an experienced assault attorney to fight on your behalf? Call (919) 845-6688 and speak with an attorney.
Types of Assault Charges in North Carolina
In North Carolina, there are several types of assault, ranging from uttering threats to using a deadly weapon, so the range of charges is broad, as are the penalties associated with them. An assault in North Carolina does not require the victim to be touched. An assault occurs when the person charged commits some act which would put a normal person in fear of bodily harm. As an example, if a rock was thrown at a victim’s head and the victim ducked out of the way, the crime is still committed, even though the victim was not hit. The crime occurred when the act of throwing the rock with an intent to harm was completed. Looking at definitions of assault, it’s important to note that affray, assault, and assault and battery are different things, though they may be charged in the same manner and all fall under the same umbrella. So, let’s consider the definitions:
- Affray is a fight between two or more people, typically in a public place, that can frighten others or disturb the peace.
- Assault is the credible threat of violence against someone, such as using a violent act like smashing a window to show that physical violence is forthcoming, drawing back your fist like you’re going to strike, or showing a weapon, such as a knife or a gun.
- An assault is an overt act or attempt, with force and violence, to do some immediate physical injury to another person which puts a reasonable person in fear of immediate bodily harm.
- Assault and battery is the intentional application of force, however slight, direct or indirect, to the body of another without the person’s consent or the intentional offensive touching or another person without their consent.
Knowing these, we can consider the types of assault charges an individual in North Carolina may be facing.
Simple Assault
A Simple Assault includes Simple Assault and Battery and Simple Affray. At its core, these encompass assault in which no one is seriously injured and there are no added factors that would make the charges more serious. Some examples would include an adult male punching another adult male, an adult female pushing or shoving another adult female to the ground, or a group of individuals getting into a fight at a bar. Simple assault is a Class 2 misdemeanor and is punishable by up to 60 days in jail and a $1,000 fine.
However, there are factors that can increase the severity of an assault charge from a Class 2 misdemeanor to a Class A1 misdemeanor with a maximum penalty of 150 days in jail and a possible fine. These factors include:
- Inflicting serious injury upon another person (those are examples of serious bodily injury and would make an assault a felony);
- Assaulting a female if the accused is a male over the age of 18, a child under the age of 12, or a disabled person;
- Assaulting or threatening a state employee, officer, or elected official, if that person is discharging official duties;
- Injuring or threatening a school employee or volunteer such as a teacher, coach, or bus driver;
- Use of a deadly weapon, such as a knife, gun, or any item that could inflict mortal injury, such as a broken beer bottle or a blunt object.
Domestic Assault
In North Carolina, when two people have a personal relationship and one party causes physical injury to another this is domestic violence. However, domestic violence does not have its own criminal charge in the North Carolina General Statute. It does fall under simple assault and, depending on the circumstances of the case, will most likely be charged as a Class A1 misdemeanor if the victim is a woman, child, or disabled person.
Assault by Pointing a Gun or Discharging a Weapon
While gun charges have their own section in the NCGS, there are factors in which a gun crime falls under the umbrella of assault. Even if it’s not meant to be threatening or done as a form of joke, pointing a gun at someone is a Class A1 misdemeanor. Also, firing a gun, whether it’s a shotgun, pistol, or even a pellet gun, into a house, business, car, or other property is a crime that is classified as a Class E felony, or, if the property is occupied or people are inside, it’s a Class D felony. In the event someone is injured, it’s a Class C felony. On the other hand, firing a gun from a building or vehicle toward a person outside the building or vehicle, particularly in an act of gang violence, is punishable as a Class E felony.
Assault Against Law Enforcement and First Responders
According to North Carolina law, assaults against law enforcement and first responders are considered felonies. NC General Statute 14-34.6 addresses assaults or affrays on firefighters, emergency medical technicians, medical responders, and medical practice and hospital personnel with Class I felony. In NC General Statute 14-34.7, “a person is guilty of a Class E felony if he/she assaults a law enforcement officer, probation officer, or parole officer while the officer is discharging or attempting to discharge his or her official duties and inflicts serious bodily injury on the officer. As we mentioned above, certain factors do affect both the charges and the penalties.
This includes, but is not limited to:
- Assault on a minor
- Assault on a female
- Assault and battery, particularly as pertains to bodily injury
Assault on a Minor
Assault on a minor can be charged as either a misdemeanor or a felony, depending on the circumstances. In North Carolina, the age of a minor is defined as someone who is under the age of 18.
Assault on a Child Under 12
An assault on a child who is younger than 12 years old is a Class A1 misdemeanor, punishable by up to 150 days in jail with a fine.
Assault on a Child Under 16
An assault on a child who is younger than 16 years old is a Class D felony if the assault results in serious physical injury to the child. This is regardless of whether the person who is assaulting is a parent or any other person providing care to or supervision of a child. If the assault is intentional and results in any serious physical injury to the child, it is a felony.
Assault in the Presence of a Minor
An assault on a person when in the presence of a minor (under 18) is a felony punishable by up to 150 days in jail and a fine. The defendant must have a personal relationship with the victim.
Assault on a Female
An assault on a female must be by a male over the age of 18. This is a Class A1 misdemeanor, which is the most serious offense level for this type of crime. Penalties for this charge can include up to 150 days in jail, probation, community service, court costs, and fines. The severity of the punishment depends on several factors such as the victim’s age, the seriousness of the injury, and prior convictions. If a deadly weapon or strangulation was used during the alleged assault, the charge is elevated to a felony with harsher sentences.
Defenses to assault on a female charges include:
- Self-defense
- Defense of others
- No unlawful touching
- False accusations
- Consent
- Insufficient evidence
Assault and Battery
Assault and battery are two separate charges in North Carolina, but can be put together as a single charge. Assault by itself occurs when you attempt or threaten to unlawfully touch someone. Battery involves intentionally touching someone without their permission or consent. The primary difference is that assault involves the threat of contact, while battery involves actual physical contact.
When “assault and battery” are used together, both the threat of contact occurs and a physical assault takes place. The physical assault could include hitting, punching, or kicking. Battery can also extend to any object the offender is carrying at the time of the attack. The severity of the injury and the damage inflicted on the victim determines whether the charge will be a misdemeanor or a felony. For example, if an assault causes serious injury, it can be charged as a Class A1 misdemeanor or a felony.
When Assault Goes from Misdemeanor to Felony
Specific details of the crime and the extent of any injury will determine the charges and punishment. Assault and battery can be charged as a felony in several circumstances in North Carolina, including:
Assault with a Deadly Weapon
Assaulting someone with a deadly weapon and inflicting serious injury is a Class C felony if the offender intended to kill the victim. If the offender intended to kill but didn’t cause serious injury, or if the offender didn’t intend to kill but did cause serious injury, it is a Class E felony.
Aggravated Assault
Aggravated assault is a felony that involves a physical attack that causes severe bodily injury. It can also include threatening or harming someone with a gun or knife, or threatening another crime such as sexual assault.
Assaulting A Protected Occupation
Assaulting someone working in a protected occupation is a Class I felony.
Strangulation
Strangulation is a type of bodily harm that is a Class H felony.
Other factors that can increase the seriousness of an assault charge include:
- Assaulting someone who is elderly, handicapped, or a fireman
- Assaulting someone at a school, public event, or on public transportation
Benefits of Hiring an Assault Attorney for Your Case
While a bar fight or delivering a punch to someone may not seem serious, it’s important to realize that assault charges should never be taken lightly. Even a Class 2 misdemeanor often includes time in jail which can lead to loss of a job, loss of income, and other issues. Plus, these charges can negatively impact your future.
Having an experienced assault attorney in Raleigh who will stand up for your rights and advocate for your future is essential to having a better outcome. At Sandman, Finn, & Fitzhugh, our legal experience as well as our passion for justice means that you have a powerful ally on your side.
Schedule a Free Consultation with our Raleigh Assault Lawyers
At Sandman, Finn, & Fitzhugh, we’re here for you from the moment you’ve been charged. Please fill out the contact form to schedule a free consultation or call us at (919) 845-6688 to speak with an attorney.