Assault on a female, no matter which state, is a serious offense. Such a crime entails higher penalties than a typical assault or battery charge in NC. If you are arrested or charged with such a crime, it’s crucial to have an excellent lawyer to support your case, as it can be a serious situation that could place you behind bars if convicted.
Introduction to the Assault on a Female NC Statute
The North Carolina General Statute specifies the guidelines that govern assault on a female crimes in the state. The law specifies that an individual who assaults a female, especially if the perpetrator is a male over 18, is charged with a class A1 misdemeanor. It is the highest level of offense for any assault crime in North Carolina. Even if the assault on a female is committed within a domestic situation, the law still governs this type of assault case.
But before diving into the assault on a female NC statute, it is vital to differentiate between the types of assault case classification. Knowing the difference is crucial as it can determine your penalties.
- Assault – It refers to an intentional attempt to harm another individual (female) by using violence or by threatening someone. Even if there was no physical contact between the defendant and the victim, there could still be grounds for filing a charge.
- Battery – It refers to using physical contact towards a victim or any offensive actions or touching, especially without the victim’s consent.
- Affray – It refers to two individuals fighting each other in a public place, resulting in fear among other individuals.
Assault on a female differs from the above, or it is a more specific case that requires a unique approach. However, there could be overlapping elements with these other cases.
What is Assault on a Female in NC?
Assault on a female charges in NC against a defendant are based on the NC Criminal Laws 14-33(c)(2) and are classified as a misdemeanor charge and are under the class A1 offense level.
However, since the state bears the burden of proof, the case should meet certain conditions before filing a criminal charge. The following are some of these conditions:
- The victim is a female.
- The alleged defendant is a male.
- The assault was done intentionally, not accidentally.
- There is no common law defense or excuse for the assault.
- There is no consent from the alleged victim.
- There was a clear sign of assault.
- The male defendant is at least 18 years old.
North Carolina is unique to other US states because even “attempted assault” is considered valid for a criminal charge. However, the state must prove that there is an overt act on the defendant’s part in their ‘attempt’ to assault a female victim.
As such, there should be evidence from the prosecuting team that shows the defendant’s use of violence or the intent to harm the victim. The use of such violence will show that the assault is not accidental.
FAQs on Assault on a Female NC Statute
The following questions will provide more detailed insights into the law against assault on a female in NC.
Can a female victim file charges even when they are not injured?
Yes. An injury is not the only factor that would merit an assault charge on a female. It is enough for the prosecutor to give other evidence showing the alleged defendant’s intent to harm or inflict injury on the victim. North Carolina law recognizes more than one type of assault toward females.
What are the penalties or punishments for assault on a female in NC?
Assault on a female is a Class A1 misdemeanor charge in NC. Therefore, it is the most serious offense level and has severe punishments. The severity of the punishments will differ based on numerous factors, such as the victim’s age, seriousness of the injury, and prior convictions (if applicable).
The punishments for assault on a female in NC can be up to 150 days of jail time and community service.
How can a lawyer help with assault on female charges in NC?
Are you innocent but have been charged with assault on a female in NC? Talk to a North Carolina lawyer specializing in assault on female charges to help build your defense strategy.
If you’re innocent, you should face your false accusation. Present your evidence and bring the case to court with your lawyer. It will help you clear your name and avoid the possible penalties for a class A1 misdemeanor.