Simple Assault Lawyer in Greensboro, NC
Simple assault is the lowest assault charge in North Carolina and it is still a criminal conviction that a background check will find. It also cannot be expunged. That is the part worth taking seriously, more than the sentence.
What does your paperwork say?
Read the charge word for word, including any subsection, and tell us your court date.
Sending this form does not make us your lawyer yet.
Check you are actually charged with this one. G.S. 14-33(a) simple assault is a Class 2 misdemeanor. Assault inflicting serious injury, assault on a female and assault on a child under 12 are all Class A1, two classes up. People assume they have the small one and sometimes do not.
The record outlasts the sentence. An assault conviction cannot be expunged in North Carolina. The expunction statute excludes any offense with assault as an essential element, which catches simple assault even though it is only Class 2.
A dismissal can be expunged. That asymmetry is the whole argument for contesting the charge rather than taking a quick resolution to make it go away. It does not go away.
What counts as simple assault
G.S. 14-33(a) makes it a Class 2 misdemeanor to commit a simple assault, a simple assault and battery, or to participate in a simple affray. Three different things live in that one sentence.
- Simple assault. No contact is required. An attempt, or conduct putting someone in reasonable apprehension of immediate harm, is enough.
- Assault and battery. The same, with actual offensive contact. A push or a grab qualifies.
- Simple affray. A fight in a public place between two or more people, where the fighting itself disturbs others.
The charge is often written on the paperwork simply as assault, which is why reading the subsection matters. The full ladder, from Class 2 up to Class C felony, is on our assault page.
What it carries
Class 2 misdemeanors are sentenced on the grid in G.S. 15A-1340.23, and what is authorized depends on how many prior convictions you have. Misdemeanor level is a headcount, and every prior conviction counts, felony or misdemeanor, of any class.
| Prior convictions | Authorized range | Punishment allowed |
|---|---|---|
| Level I, none | 1 to 30 days | Community only |
| Level II, 1 to 4 | 1 to 45 days | Community or intermediate |
| Level III, 5 or more | 1 to 60 days | Community, intermediate or active |
The maximum fine for a Class 2 is $1,000. Where the grid calls for community or intermediate punishment the court must suspend the sentence, and which cell you are sentenced in depends on the class you are convicted of and the record the State proves. Both are argued rather than assigned.
One rule worth knowing. If you were convicted of more than one offense in a single session of District Court, only one of those convictions counts toward your level. That can be the difference between Level II and Level III.
Why the record is the real issue
Most people charged with simple assault are worried about the sentence. The sentence is usually not the thing that affects their life.
A conviction cannot be expunged. G.S. 15A-145.5 defines the nonviolent misdemeanors that can be cleared and excludes any offense that includes assault as an essential element. Simple assault is caught by that exclusion. There is no waiting period that fixes it, because the route does not exist.
What that means in practice: it appears on background checks run by employers, landlords and licensing boards, and it is there permanently. For anyone in a licensed profession, anyone who may need housing, and anyone who is not a United States citizen, that is a materially different outcome from a dismissal.
A dismissal or a not guilty finding is cleared by operation of law for cases disposed of on or after 1 December 2021, with no petition and no fee. See our expungement page.
Self-defense and mutual combat
G.S. 14-51.3 is more favorable than most people expect. There is no duty to retreat anywhere you have a lawful right to be, and the statute provides immunity from criminal and civil liability rather than only a defense to argue at trial.
Two practical points. Reasonable belief is judged on what you knew at the time, which is why evidence gathered in the first two weeks matters: photographs of injuries, messages, and camera footage that is on a retention schedule and will be overwritten. And in a two-person fight, which person called first often determines who was charged, not who started it.
Not sure which subsection you are charged under?
Read the words off your paperwork down the phone. One call settles whether this is the Class 2 charge or something two classes higher.
Call (336) 379-0539Free consultation, answered 24/7If the other person wants to drop it
They cannot. The charge belongs to the State, and prosecutors in Guilford County regularly proceed without the complaining witness using the 911 call, body camera footage and the responding officer.
What that person says still matters, and it is handled through the prosecutor by your lawyer, with a record of it. Never by you contacting them. If a release condition bars contact, reaching out is a separate criminal charge however the conversation was meant.
Ending without a conviction
Two routes exist for any misdemeanor, and both need the prosecutor to join the motion.
Deferred prosecution under G.S. 15A-1341 happens before any plea. Conditional discharge happens after a guilty plea but without judgment being entered, and on completion the plea is withdrawn and the case dismissed. Both require that you have never previously been placed on probation, which you state under oath.
Neither is offered at the courthouse. They are asked for, and whether you qualify is worth establishing before any plea is discussed rather than after.
Related: assault charges · simple affray · communicating threats · domestic violence · misdemeanor sentencing
How to choose a simple assault lawyer in Greensboro
No lawyer in North Carolina is permitted to advertise as the best, and a firm
that does is telling you something about how it reads the rules. The State Bar
treats self-laudatory claims as a compliance problem, not a selling point.
So judge on answers instead. Every question below has an exact answer. A firm
that handles these cases every week will give you one on the phone, for free, in
a few minutes. A firm that gives you a brochure answer is telling you something too.
- Am I actually charged with simple assault, or something one class up?
Simple assault is Class 2. Assault inflicting serious injury and assault on a female are Class A1, two steps up. A firm should read the subsection off your paperwork. - What does my prior record level do to this?
Misdemeanor level is a headcount of every prior conviction, any class. It changes which cell you are in, and the State has to prove it. - Is self-defense available on these facts?
North Carolina has no duty to retreat anywhere you have a lawful right to be, and the statute provides immunity. Ask whether it fits and when it gets raised. - Can this end without a conviction?
Deferred prosecution and conditional discharge both exist and both need the prosecutor to join. Neither is offered. Ask whether you qualify before any plea. - Can you appear for me?
On most misdemeanor assaults a lawyer can appear on your behalf in Guilford County District Court.
Ask us the same questions. (336) 379-0539.
Your attorney
Jason Aycoth
Assault Charges · Misdemeanor Defense · Guilford County District Court
Jason handles criminal cases in state and federal court across North Carolina. He has served as Editor of the True Bill and was Commencement Speaker at Elon Law School's graduation.
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
Chad D. GarrettFounderJason AycothPartner
Sean OlsonPartner
Brandon GoldsboroughCriminal Defense
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Rebecca ElliottCriminal Defense
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Where we practice
Our office is two minutes from the Guilford County Courthouse.
Guilford County: Greensboro · High Point · Jamestown · Gibsonville · Summerfield · Oak Ridge · Pleasant Garden · Stokesdale · Whitsett · McLeansville · Sedalia
Also serving: Randolph, Forsyth, Alamance, Rockingham and Davidson Counties
Questions people ask
How serious is simple assault in North Carolina?
It is a Class 2 misdemeanor under G.S. 14-33(a), the lowest assault class. With no prior convictions the authorized range is 1 to 30 days and the grid allows community punishment only. The lasting consequence is the conviction itself, because an assault conviction cannot be expunged.
Can simple assault be expunged?
No. The expunction statute excludes any offense that includes assault as an essential element, which catches simple assault even though it is only a Class 2 misdemeanor. A dismissal or a not guilty finding can be expunged, and for cases disposed of on or after 1 December 2021 that generally happens automatically.
Do I have to touch someone to be charged with assault?
No. Simple assault does not require contact. An attempt, or conduct that puts someone in reasonable apprehension of immediate harm, is enough. Assault and battery is the version involving actual offensive contact.
Can the other person drop the charges?
No. The charge belongs to the State and prosecutors here regularly proceed without the complaining witness. What that person says still matters, but it goes through the prosecutor and your lawyer, never through you contacting them directly.
What if it was self-defense?
G.S. 14-51.3 gives no duty to retreat anywhere you have a lawful right to be, and provides immunity from criminal and civil liability rather than only a trial defense. It has to be raised and supported with evidence, which is why the first two weeks matter: footage is overwritten and injuries stop being visible.
Both of us were fighting. Why was only I charged?
Often because of who called first or what the responding officer saw on arrival. Mutual involvement is relevant and it is argued, and in some situations the correct charge is simple affray rather than assault. Either way it is a question worth raising early.
Do I have to go to court?
On most misdemeanor assaults a lawyer can appear on your behalf in Guilford County District Court, so often no. You will be told well before the date if your case is one where you have to attend.
What does a simple assault lawyer cost?
A flat fee quoted on the first call, and for a Class 2 misdemeanor it is usually a smaller number than people expect. Weigh it against a conviction that cannot be removed from your record rather than against the fine.
Talk to a Greensboro simple assault lawyer
Free consultation. Read us the charge off your paperwork.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539 · answered live, 24 hours
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This page explains North Carolina law in general terms as of October 2026. It is not legal advice about your case, and penalties and statutes change. Figures come from N.C.G.S. 14-33, 14-51.3, 15A-145.5, 15A-1340.23 and 15A-1341.