Defending Clients Against Assault and Battery Charges in Raleigh
Assault and battery is a legal term that combines two charges–assault with the separate charge of battery. Assault refers to the wrong act of causing someone to reasonably fear imminent harm and battery refers to the actual wrong act of physically harming another person. Stated another way, assault is the threat of harm while battery is the act of causing that harm. If you’re facing these serious charges, we offer a free consultation to discuss your case and begin building a strong defense.
Most states separate assault charges and battery charges; however, the North Carolina General Statute 14-33 uses the term “assault” for both of these situations to include a third situation–affrays, which are public fighting. Being convicted of assault and battery in North Carolina can mean you are incarcerated anywhere from a few days to over a decade.
If you are charged with assault, particularly where another party was injured or is a member of a protected population such as children, the disabled, or first responders, having an experienced attorney on your side is essential. At Sandman, Finn, & Fitzhugh, assault and battery lawyers in Raleigh, we have over 60 years of combined legal experience as criminal defense attorneys in Raleigh and the Wake County District Attorney’s Office as prosecutors. This gives us the insight needed to create effective defense strategies and advocate for our clients more successfully.
Understanding Assault and Battery
In North Carolina, most assault and battery offenses fall under what is termed simple assault.
Simple assault includes:
- Display of force that shows a credible threat of unlawfully touching or bodily harm, like raising a fist or getting close to someone’s face
- Showing force or violence that causes a reasonable fear of immediate physical injury
- Touching someone inappropriately
- The immediate ability to carry out the threat
- Public fighting, called an affray
- Using self-defense
- Protecting others
- Defending property
Generally, unless the victim is a part of a protected population or the defendant has prior convictions, charges of simple assault are a Class 2 misdemeanor that is punishable by up to 60 days in jail.
Assault and Battery Against Protected Persons
The penalties are often more severe if the alleged offense is against specific victims.
- Women (when the alleged assailant is a male over the age of 18) – Class A1 Misdemeanor
- Children under the age of 12 – Class A1 Misdemeanor
- Emergency medical technicians, medical responders, and health providers – Class I Felony
- Individuals who have disabilities – Class A1 Misdemeanor
- School employees or volunteers – Class A1 Misdemeanor
- Law enforcement, probation, and parole officers – Class E or H Felony
- Governmental officers or employees of the State – Class A1 Misdemeanor
- Company police officers or campus police officers – Class A1 Misdemeanor
- Firefighters – Class I
- Hospital personnel and security – Class I
- National Guard members – Class E, Class D (using a firearm)
- Public transit operators – Class A1 Misdemeanor
Simple assault is elevated to a Class 1 misdemeanor against sports officials, including referees, umpires, and coaches, including those working in Little League and school sports.
Assault and Battery with a Deadly Weapon
Class A1 misdemeanor penalties apply when an individual performs any of these actions:
- Causes serious injuries to the victim such as pain, loss of blood, or hospitalization
- Points a loaded or unloaded firearm at the victim (in jest or otherwise)
- Uses a deadly weapon such as a firearm, knife, brass knuckles, or any item that can be used as a weapon
In general, when two or more of the above factors apply, the prosecutor can raise the charges to a felony.
Felony Assault and Battery
There are times in which more serious allegations lead to felony charges. Anyone who commits a misdemeanor assault that involves pointing a gun at or causing serious injuries to a victim will face felony charges if:
- The accused assaults an individual using a deadly weapon with the intention of killing or inflicting serious injuries to that individual
- The accused has two or more prior misdemeanors or felony assault convictions
- The victim is working in a protected occupation
- The accused uses strangulation which results in serious bodily injuries
- The victim is disabled
Assaults on Individuals with Disabilities
Assault and battery against a person with either physical or cognitive disabilities is seen as especially serious, and the charges reflect this. The N.C.G.S. § 14-32.1 (2023) law provides for a simple assault as a Class A2 misdemeanor and Class F felony penalties if a person commits an aggravated assault against an individual with a disability, whereas the accused performs any of the following:
- Uses a deadly weapon or other means of force likely to inflict serious injuries to the victim
- Causes serious injuries or damage to the victim
- Intends to kill the victim
Serious Bodily Injury and Strangulation
If an individual sustains serious bodily injury from the alleged assault and battery, the assailant will be charged with a Class F felony, punishable by up to 41 months in prison. A serious bodily injury is defined in N.C.G.S. § 14‑32.4 as an injury that “creates a substantial risk of death, or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization.”
Additionally, the statute specifies that “any person who assaults another person and inflicts physical injury by strangulation,” is guilty of a Class H felony.
Habitual Assault and Battery
If a person has two convictions of either misdemeanor or felony assault within 15 years of being charged with a third assault, the third charge can be elevated to a Class H felony, which is punishable by up to 25 months in prison.
Schedule a Free Consultation for Assault and Battery Defense in Raleigh
Assault laws in North Carolina are complicated, with dozens of factors affecting the charges and possible punishments. However, even a Class 2 misdemeanor–the least severe charge–can lead to long-term impacts on your life, preventing you from getting hired in your next career move or renting a home.
Working with an experienced, dedicated defense attorney is key to getting a more favorable result in your case. Your assault and battery lawyer in Raleigh at Sandman, Finn, & Fitzhugh knows you need an ally who you can rely on to be focused on your case and dedicated to your best interests. To schedule a free consultation, fill out the easy-to-use contact form or call us at (919) 845-6688 to speak with an attorney today.