State law defines various forms of assault, assault and battery, and affray, each of which has a slightly different meaning and may result in different sanctions upon conviction for each defendant. Making sense of how the law may apply to your unique situation and effectively defending yourself from assault allegations in and out of court is far from simple, especially if you have any existing criminal record.
Fortunately, assistance is available from a seasoned Elizabeth City assault lawyer who knows how to handle cases of this nature proactively and effectively. Support from a capable defense attorney can be vital to enforcing your rights while vigorously contesting your charges and minimizing the penalties that may come from a conviction.
Fighting Misdemeanor Assault Charges
In North Carolina, someone commits simple assault and battery if they intentionally strike and cause physical injury to someone else. Simple assault includes an attempt to commit assault and battery or indicate through a show of force that an individual is imminently likely to commit assault and battery. A person commits simple affray if they get into a physical fight in a public place with at least one other person in a manner likely to frighten other people. A court generally prosecuted these offenses under North Carolina General Statutes § 14-33 as Class 2 misdemeanors, punishable upon first-time conviction with a maximum 30-day jail sentence—up to 60 days for repeat offenders—, a term of probation, and a $1,000 maximum fine.
Importantly, assaulting a sports official during any organized sporting event is treated more seriously as a Class 1 misdemeanor. Additionally, any of the following aggravating circumstances may elevate a simple assault charge to a more serious Class 1A misdemeanor offense:
- The assault involved a deadly weapon
- The assault resulted in serious injury
- The perpetrator was a male over 18 years old and targeted any female
- The targeted person was a child under 12 years old
- The targeted person was a state officer or employee, school employee or volunteer, public transit operator, or police officer
Domestic violence involving a deadly weapon or causing severe injury in the presence of a minor child is also generally treated as a Class 1A misdemeanor. An Elizabeth City attorney can further explain assault charges and their consequences.
When Does Assault Become a Felony Offense?
As per North Carolina General Statute § 14-32, a person commits a Class E felony if they assault someone else with a deadly weapon either with the intent to kill that person or in a way that directly results in the targeted person suffering serious injury. If someone commits an assault with a deadly weapon with intent to kill and also causes serious injury, they may be prosecuted for a Class C felony instead.
This means a single felony assault conviction can lead to someone facing as many as 10 years of imprisonment, depending on their existing record and the presence of aggravating or mitigating factors. An assault lawyer in Elizabeth City can give more details about the sanctions that come with a particular charge during a confidential consultation.
Consider Working with an Elizabeth City Assault Attorney
Assault charges can have long-lasting negative effects on your personal and professional life, even if they do not end with a conviction. If you are convicted, you face substantial criminal penalties and more aggressive prosecution should you ever be charged with another criminal offense in the future.
This is not a situation you should take lightly or try to handle without help from a skilled Elizabeth City assault lawyer. Call today to schedule a meeting with one of our attorneys.
