When we hear the word “assault”, we think of violent attacks that require police involvement and news reports. However, in reality, it takes a lot less violence than you think to commit a crime.
Shoving someone, raising a hand in a threatening way, or touching someone without permission can all count as a crime.
If you think you could potentially get charged with assault, it’s important to know the specific types of assault charges in NC. Always make sure you know the laws in your area, and how you can use them to help you.
Types of Assault Charges in NC
There are three types of assault misdemeanors in North Carolina.
- assault – an attempt at violence or show of potential violence
- assault and battery – an assault where the victim sustains serious injuries
- affray – a fight between two or more people on public property
A crime is a Class 2 misdemeanor when the victim sustains either no injuries or only minor injuries. Punishments for these types of crimes can be more or less severe if the defendant has any prior convictions.
On the other hand, a crime is a Class A1 misdemeanor if the assailant uses a deadly weapon, inflicts serious injuries, or attacks a certain kind of person.
More serious Class A1 charges may include:
An incident falls under domestic violence when the victim is in a “personal relationship” with the assailant. The crime must have been committed with a deadly weapon, in the presence of a minor, or have caused serious injuries.
If you’re a victim of domestic violence in NC, find help near you!
If a sexual act is performed or attempted without the other person’s consent, it becomes sexual battery. This includes if the person is mentally or physically disabled, or in any way unable to offer consent.
Assault crimes automatically become Class A1 misdemeanors if they are inflicted on government, public or campus employees. There are also specific consequences for assaulting sports officials such as referees and umpires.
If the assailant is male and above the age of 18, any assault against a woman or a child younger than 12 is automatically considered a Class A1.
Depending on the severity of the crime and any prior convictions, these type of charge can result in higher fines and lengthy jail time.
Judges may use discretion when sentencing a defendant, often based on the defendant criminal history (or lack thereof) and the circumstances of the assault.
Class 2 Misdemeanors
If the defendant doesn’t have any prior convictions, and there were no serious injuries, the defendant may only receive probation and up to 30 days in jail. If the defendant does have a criminal record, the court may charge a fee of up to $1,000, and jail time may increase to up to 60 days.
Class A1 Misdemeanors
Results for these cases can vary drastically. Any case involving a deadly weapon is a felony, increasing the punishment substantially.
In general, a person without any prior convictions can expect probation, a possible fine, and up to 60 days in jail. The punishment for someone with a criminal record will be more severe, often with supervised probation and up to 150 days in jail.
What to Do Next
No matter the incident, everyone is innocent until proven guilty. If you’re accused of committing assault, you need a legal consultant.
And bail to get back on the road again!
If you’re hit with assault charges in NC and need bail bonds fast, contact us for a consultation or to set up a payment plan.
Let us help you get on step closer to freedom and peace of mind.