Experienced Attorneys for Assault on a Female Defense
In North Carolina, assault on a female is a serious criminal charge and is considered the most serious type of misdemeanor, Class A1. A Class A1 misdemeanor not only can include up to 150 days in jail but also has long-lasting repercussions. This charge can affect the rest of your life. If you are facing these allegations, take the first step toward protecting your future by scheduling a free consultation with Sandman, Finn & Fitzhugh.
North Carolina recognizes certain populations as being protected–including children, the disabled, and women–so that when a violent crime is committed against them, the penalties are more severe. If you have been charged with assault on a female, you are facing a serious legal matter and should contact an experienced criminal defense attorney in Raleigh like Sandman, Finn, and Fitzhugh to represent you in your case.
It is crucial to understand the nuances and complexities of an assault on a female charge both legally and with the potential outcomes of those allegations. The criminal defense attorneys at Sandman, Finn, and Fitzhugh Attorneys at Law have a depth of experience representing defendants in criminal cases involving charges of assault on a female.
Understanding Assault Charges When the Victim Is a Female
There are many intricacies to assault cases in North Carolina. Assault on a female involves either intentional bodily harm or intentional threat of bodily harm against a female. This charge is specific to the female gender, therefore the alleged victim must be a female for the charge to apply. Physical contact with the victim is not required for there to be an assault. This means that the charge requires the intent to commit a violent act or harm another human being.
Primary Elements of the Offense
The primary elements of an assault against a female are:
- Intent – The defendant must have shown the intention to cause bodily harm or the intention to create a reasonable fear of harm in the victim.
- Physical contact or threat – There must be evidence of either physical contact or a credible threat of physical harm.
- The gender of the victim – The victim must be female.
Additionally, to be charged with an assault on a female in Raleigh, the alleged event must have been committed by a male who is at least 18 years old. One woman striking another woman would be considered a Class 2 misdemeanor simple assault. On the other hand, a man assaulting a woman is considered a Class A1 misdemeanor.
How is Assault on a Female Different from Other Related Charges
Assault on a female has specific aspects that are different from other assault charges in North Carolina.
Simple Assault
A simple assault charge is not gender-specific. It is the least serious assault offense and is defined as:
- Threatening or touching someone in an unlawful way
- Showing force or violence that causes a reasonable fear of immediate physical injury
- The appearance of an attempt to immediately physically injure another person
Felony Assault & Battery
Felony assault in North Carolina is not predicated on the sex of the alleged victim. Causing serious bodily injury is a Class F felony when the victim is either a man or a woman while showing intent to kill with a deadly weapon is a Class C felony.
Cases of Domestic Violence
A domestic violence charge is different in that it encompasses more than just an assault. It is considered domestic violence if you are charged with assault and:
- the victim is a female with whom you are or were in a relationship,
- the victim is a family member, or
- the victim is a member of your household (such as a roommate).
In addition to criminal punishments, there are other, long-term penalties to consider, including:
- Inability to own a gun
- Possible loss of custody of mutual children
- Having a protection order placed against you
- Difficulty finding housing or employment
Consequences of an Assault on a Female Conviction
There are serious consequences if you are convicted of assaulting a female, including:
Jail time – A defendant may face up to 150 days in jail, depending on prior record
Fines and court costs – The defendant may face fines and court costs
Probation – The defendant may be required to serve probation, either supervised or unsupervised
Community service – The defendant may be required to perform community service
Restitution – The defendant may be required to pay restitution to the victim
Loss of rights – The defendant may lose certain rights, such as the right to possess firearms
Criminal record – The defendant will have a permanent criminal record, which can impact future employment opportunities and housing options
Restraining orders – The court may issue restraining orders or protective orders to protect the victim
Alcohol or drug treatment – The defendant may be required to undergo alcohol or drug treatment
Drug screening and urinalysis – The defendant may be required to undergo drug screening and urinalysis
House arrest or electronic monitoring – The defendant may be required to serve house arrest or electronic monitoring
Examples of Assault on a Female in North Carolina
As stated earlier, an assault on a female charge in North Carolina involves causing bodily harm intentionally or threatening bodily harm against a female. Here are some examples that can lead to charges of assaulting a woman.
Physical Harm
You could be charged with assault if you intentionally hit, slap, punch, or kick a woman.
Verbal Threats
If you threaten a woman with immediate physical harm causing her to fear for her safety, you can be charged with assault.
Throwing Objects
If you throw an object at a woman with the intent to harm or threaten her, you could be charged with assault.
Domestic Violence
If there is a physical altercation or threat of harm within a domestic relationship, you could be charged with assault.
Incident in a Public Place
If you assault a woman or threaten a woman in a public place, you can be charged with assault.
Stalking and Harassment
If you follow or harass a female more than once without a lawful purpose and cause the female substantial emotional distress, you can be charged with assault.
When is Assault on a Female Considered a Felony?
The North Carolina General Statute 14-33 defines a simple assault or assault and battery as an act of violence or a credible threat of violence against another person. This is a Class 2 misdemeanor in N.C. But, as stated earlier, when the case is an assault on a female by an adult male, the charge becomes a Class A1 misdemeanor. Most of the time, accusations of this type of assault come from incidents of domestic violence.
However, there are certain circumstances where an assault on a female charge can be elevated to a felony. Some examples include:
Assault by Strangulation
When the victim accuses the defendant of strangling her, the accused is charged with a Class H felony.
Assault With a Deadly Weapon
If the accused used a deadly weapon such as a gun or knife and attempted to kill or inflict serious bodily injury, the crime is a Class C felony.
Assault Inflicting Serious Bodily Injury on an Unborn Child
If the victim is pregnant and the child is born with severe bodily injuries or the fetus is killed, the crime is a Class F felony.
Sexual Assault
Sexual assault is always a felony, even if the victim is in a personal relationship with the accused. In North Carolina, sexual assault is defined as any nonconsensual sexual act, including:
- Groping or grabbing
- Rape
- Oral, vaginal, and anal penetration
- Child sexual abuse
- Sexual torture
- Sexual coercion
Sexual assault can also include:
- The threat or use of a deadly weapon
- Using force upon another person
- Inflicting serious personal injury
- Committing the offense with the help of others
Domestic Violence Charges in North Carolina
North Carolina defines domestic violence as a pattern of intentional violent or controlling behavior. It is used by one intimate/dating partner against another to gain power and control over that person. Behaviors include physical violence, sexual violence, psychological violence, emotional abuse, and financial abuse.
There are no specific crimes of domestic violence in North Carolina; it can be charged under several criminal offenses, such as:
- Simple Assault
- Assault on a Female
- Assault with a Deadly Weapon
- Assault by Strangulation
Examples of Physical Violence Considered Domestic Violence
Some examples of physical violence that are considered to be domestic violence include
- Throwing objects
- Punching walls or doors
- Sexting
- Threatening to break up with partner if they don’t have sex
- Unwanted touching or teasing
- Emotional abuse by using statements that cause fear or cause someone to question their value or self-worth
The Legal Process for an Assault of a Female Case
Both the accused and the victim must understand the legal process for an assault of a female case in North Carolina. Our state has a well-structured criminal justice system that is designed to make sure that justice is served fairly. These are the ordered steps in the legal process:
Investigation – The beginning of the process is usually with an investigation by law enforcement, which can involve interviewing the victim, collecting evidence, and speaking with witnesses if there are any.
Arrest – If and when the police have enough evidence to believe a crime was committed, they make an arrest and the accused person is taken into custody.
Booking – After an arrest, the accused person is taken to the police station for booking. This involves recording personal information, taking fingerprints, taking photographs, and doing background checks.
First Appearance – The accused has his first appearance in court. He is informed of the charges and advised of his rights. At this point, a bail determination may be made.
Proceeding Before Trial – This stage involves legal proceedings before a potential trial. It can include plea negotiations, exchanging evidence between the prosecution and defense, and pretrial motions.
Trial – If the case goes to trial, the prosecution and the defense present their cases. Either a judge or a jury determines guilt or innocence.
Sentencing – If you plead guilty or are found guilty, a separate sentencing hearing may be held to determine the appropriate punishment.
The Prosecution
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 a female
The Defense
If you are facing an assault on a female charge, you need to understand that there are several potential defenses available. Possible defenses that the defending attorney may use include:
- Self-defense – If you were attacked first by the alleged victim, you may be able to use self-defense as a defense.
- Consent – Prosecutors must prove that the alleged victim did not consent to the touching.
- Accident – You must show that you did not intend the assault and that it was accidental.
- Defense of others – Your defense attorney must prove that you acted in defense of someone else.
- Misidentification – You were misidentified and someone else assaulted the victim.
- Alibi – You have a solid alibi that places you somewhere else at the time of the assault.
Punishments for Assaulting a Female in North Carolina
Under our state’s complicated sentencing system, as the most serious misdemeanor offense, your punishment will depend on several mitigating and aggravating factors, such as your prior criminal convictions, the age of the victim, and the seriousness of the injuries inflicted.
For a Misdemeanor
There are three levels of punishment for a misdemeanor in North Carolina: 1) active, 2) intermediate, and 3) community punishment. The following are the sentences you may face if convicted of assault on a female.
Active
If you are sentenced to active punishment, you could face a jail sentence of 1 to 150 days. Depending on the facts surrounding the assault, you could be in jail for up to 60 days, even if it is your first offense. If the offense was domestic violence, the judge can add 30 days of active punishment to the sentence.
Intermediate
If this is your first offense, your intermediate punishment would be for a maximum of 60 days. It can be increased to a maximum of 150 days if you have other misdemeanor convictions. You could be placed on supervised probation for your entire sentence or could have a split punishment where you are sentenced to jail for a period of time and then placed on supervised probation.
Community
A community sentence is the least serious punishment you could face. You could be placed on supervised or unsupervised probation and may be required to perform community service, complete a substance abuse sentence, or be place on house arrest.
For a Felony
If the criminal offense is more serious, the following jail sentence penalties may be levied:
- Class H felony carries a maximum penalty of 39 months
- Class F felony carries a maximum penalty of 59 months
- Class E felony carries a maximum penalty of 88 months
- Class C felony has a maximum penalty of 231 months in prison.
Long-Term Consequences for an Assault Conviction
A conviction for assault on a female in North Carolina can have long-term consequences including:
Criminal Record – A permanent criminal record can impact future employment and housing opportunities.
Social Stigma – A conviction can lead to social stigma that can make it difficult to maintain a reputation in the community.
Loss of Rights – A conviction can result in the loss of certain rights, such as the right to possess firearms.
Restraining Orders – The court may issue restraining orders or protective orders to protect the victim.
Loss of Visitation – A conviction can result in the loss of visitation with children.
Free Consultation to Discuss Charges Related to Assault on a Female
If you have been accused of an assault on a female in Raleigh, Wake County, Johnston County, or Franklin County, your rights and your future are on the line. You need legal representation from an ally that is focused on your case. At Sandman, Finn, & Fitzhugh, we are committed to serving your best interests and providing the defense you deserve. To schedule a free consultation and learn more about how we can help you, fill out the easy-to-use contact form or call us at (919) 845-6688 to speak with an attorney.