Different types of assault cases.

Simple Assault NC: Hire an NC Lawyer

In Criminal by Greensboro Attorney

Have you been charged with a simple assault in NC? You could face heavy penalties, depending on the extent of the assault case. You will need an excellent lawyer to handle your case to avoid those heavy penalties and to prove your innocence (if you are). 

What is Simple vs. Aggravated Assault in NC?

To the uninitiated, all types of assault cases are the same. But expert NC attorneys can help inform you about the different types of assault cases you could be charged with. 

Accordingly, you will face varying levels of penalties for each type of assault. When you are charged with assault, it’s essential to know if it’s a simple or aggravated assault. 

The North Carolina laws on assault are the same as with any other state in the US. The Simple Assault Charge, as per North Carolina law, is any unlawful attack on another person, whether as a form of threat (also known as a show of force) or actual physical harm. Since there is no clear definition of assault by statute, the North Carolina law honors the conventional definition of an assault offense based on Common Law.

A simple assault is any charge that involves an unlawful attack on another person, causing minor bodily harm or injury. On the other hand, aggravated assault is any attack that causes significant physical damage or injury. 

Defense strategy against simple assault charges.


What Factors Can Worsen a Simple Assault Case?

A simple assault is a minor case that can be dropped, depending on your defense and if you have no criminal record. You can also elevate those charges based on the existence of certain factors. 

For example, using a weapon during a simple attack would mean stiffer penalties. You can also expect higher penalties if you assaulted a pregnant woman or if the assault resulted in serious harm and physical injuries. 

If any of these factors are present in your case, the charges are not likely to be dropped, and you could even face more time in jail or a higher fine. 

What is the Penalty for Assault in NC?

Simple assault in North Carolina is classified as a Class 2 misdemeanor, based on the North Carolina General Statute 14-33. Therefore, the most basic penalty for this charge is a maximum of 30 days imprisonment for those with no prior convictions. But if you have past convictions, you will be sentenced to a maximum of 60 days imprisonment and a fine of $1,000. 

Depending on the nature of your case and other circumstances surrounding it, you could also face other penalties. For example, you could be requested to undergo further drug testing and analysis. Depending on the result, you could face additional charges and sentences. The court could also recommend undergoing alcohol monitoring and substance abuse treatment. In most cases, you will perform community service and have to pay court fees. 

Can Simple Assault Charges Be Dropped in NC?

Simple assault charges are brought forth by the state of NC, which means the state requested the prosecution. Therefore, victims cannot voluntarily drop the assault case unless they inform and request the government to do so. It will involve a written request addressed to the prosecutor for any simple assault charge to be dropped against the defendant. 

An attorney experienced in assault and battery charges in NC

What Are the Defenses of Simple Assault in NC?

There is no place for violence in society, so laws exist to protect innocent victims against such crimes. But if you are not guilty of committing such an act and you’ve been wrongfully accused, or if you want to have your charges reduced, you must set up a defense with your legal team. It could mean you won’t have to spend days or weeks in jail. 

You may use common defence strategies when charged with simple assault in NC.

Defense 1: Self-Defense

Practicing self-defense is a good defense strategy against simple assault charges in NC.That is when you have to use force to stop another individual who threatens your health and safety. Every North Carolina resident can use self-defense against a potential assault.

Defense 2: Protection for Others

Aside from protecting yourself, you can also attack someone else to protect others, particularly innocent individuals incapable of defending themselves against a possible attack. Individuals are dismissed from charges if they can prove the assault was intended to protect others from harm or danger.

Defense 3: Defense of Property

You can use the defense charge on a simple assault case if there is also an imminent threat to your property inflicted by the plaintiff. For example, the person could either destroy or trespass on your property. You can use the self-defense strategy because you have the right to defend your private property from intruders.

Defense 4: Consent

This defense strategy applies to a sexual assault charge. You can argue in court, based on North Carolina law, that the victim consented to the act instead of force being used to execute the attack. First, however, you must demonstrate the victim is capable of giving consent. 

An experienced North Carolina attorney with expertise in assault and battery charges can help you build a solid defense strategy. The defense you use varies according to the unique circumstances of your case and your guilt (or lack thereof) for the crime. 

Key Takeaways

An attorney experienced in assault and battery charges in NC is a powerful tool when you face charges in NC. They will analyze the details and circumstances of your case and formulate an analysis to build a defense plan. The attorney can also help gather evidence and witness statements to support your case. Meanwhile, their legal expertise enables them to identify loopholes that can work to your advantage and capitalize on that when arguing your case (if it goes to court).

The best attorneys can tailor their defense strategy to match your unique needs. Therefore, it is crucial to work with an attorney to legally support you, as you battle your way through a simple assault charge in NC.