North Carolina Assault Laws
An Assault is typically seen as very serious violent crimes under North Carolina criminal laws. You do not even have to touch anyone to be charged with and found guilty of assault. When you are facing the possibility of a criminal record or even prison time, you need the best criminal defense advice you can find.
You may have been simply been defending yourself in a fight, or you may have let your anger get the best of you. Whatever the case, your side of the story needs to be heard, and you deserve respect and fair treatment under the law.
Being introduced into the North Carolina criminal courts can be quite intimidating. You may feel as if you have already been judged. Your reputation and life as you know it may be on the line. This is a time when quality matters.
We have handled many assault cases in North Carolina. We know the stress that goes with facing prison time or hefty fines. We want to know what happened in your case. We want to hear it from you.
North Carolina Assault – Laws & Penalties
There are many different levels and classifications of assault in North Carolina. Much of the distinction has to do with who was hurt and how they were harmed.
If an assault takes place that is not classified as more serious within North Carolina law, it will be considered a Class 1 misdemeanor. These assaults include more minor physical contact, verbal assaults, and affrays (fights).
Class 1 misdemeanors are punishable by up to one year in jail. Depending on any criminal history, your attorney may be able to get your sentence suspended so you can serve probation rather than jail time.
Ref: NCGS 14-33
Felonious Assault with a Deadly Weapon
A deadly weapon can be any weapon or tool that can cause death. This means that your vehicle, a firearm, knife, strangulation device, and many other objects could qualify.
There are a few situations that qualify under this offense, each with their own classification and potential sentence.
If the assault occurred and there was intent to kill resulting in serious bodily injury, the charge will be a Class C felony. Class C felonies are punishable by 44-92 months for first time offenders. This means if you have any prior convictions on your record, that sentence could potentially grow.
If the assault occurred without the intent to kill but resulted in serious bodily injury, it would be considered a Class E felony. Class E felonies are punishable by 15-31 months in prison for a clean criminal record.
If the offense occurred with intent to kill but not resulting in serious bodily injury it is also a Class E felony punishable by 15-31 months for a first time offense.
Ref: NCGS 14-32
Certain circumstances within your case may automatically elevate the seriousness of the charge. These aggravating circumstances include assaults done on specific people like: police officers, firemen, teachers, handicapped and the elderly. Also assaults committed at public events, schools, or on public transportation, can be more serious.
Free Legal Consultation on any Assault Charge in North Carolina
Please contact us for a recommendation on what you need to defend yourself in court, and how we can help. Speaking with an experienced attorney about the specifics of your case can give you a better idea of what you might be facing when you go to court. Our consultation is free, so call today.