Blog Details

What happens if I am charged with assault?

It could be a misunderstanding or a single mistake. Whatever lead to this moment, those who find themselves facing allegations of assault should start building a defense. A conviction can led to serious penalties and can have a negative impact far into your future.

In a recent example, police arrested a defense back from the University of North Carolina after his girlfriend accused him of assault. Although officers released the young man later that same day, he now faces various criminal charges including assault on a woman.

What are the penalties for assault in North Carolina?

Assault is a serious offense in North Carolina. North Carolina law classifies a simple assault or simple assault and battery as a Class 2 misdemeanor. This can result in a fine of up to $1,000 and up to 60 days imprisonment.

In certain situations, the state can increase these charges to a Class 1 misdemeanor. Examples include situations where the state believes the accused caused serious injury, used a deadly weapon during the alleged assault, assaults a female where the accused is a male age 18 years or older, assaults a child, officer, school employee, or school volunteer.

The state can also increase the charges in instances of domestic violence. A Class 1 misdemeanor can come with up to 150 days imprisonment and a fine at the court’s discretion.

What happens in domestic assault cases?

Domestic violence cases often have many layers and include more than one criminal charge. In the case noted above, the young man also faces charges of misdemeanor battery of an unborn child and domestic criminal trespass. Yet, according to the police report the incident began when the woman threatened to kill herself. At that time, the young athlete attempted to take away the gun — which led to the allegations of assault.

Gathering the evidence is important in these cases. This can help the accused build a defense which could include establishing that their actions were either misinterpreted or in defense. The right course of action will depend on the details of the allegations.

Recent Posts