Assault in North Carolina is a crime that involves violence against someone else – but that violence doesn’t have to be physical. This fact often confounds people who find themselves charged when assaulted when they never made physical contact with the victim.
What does the law say specifically?
Assault in North Carolina
A person can get charged with assault in North Carolina if they threaten someone with harm in a way that puts them in reasonable fear for their safety. If contact is made, that can result in a battery charge.
There are common offenses related to assault you can get charged with assault in North Carolina. They include:
When this is perpetrated, a person unlawfully threatens another with bodily harm or touches them. It’s a Class 2 misdemeanor without any prior convictions on your record. If convicted, you can face up to one month behind bars. However, if you’ve previously been found guilty of this, that incarceration time jumps up to two months. You may also have to pay fines.
Assault with Serious Injury
If you inflict serious injury on someone, you may receive a Class A1 misdemeanor. If found guilty, you can face up to two months in jail. However, if it’s your second conviction, you can receive up to 150 days behind bars. While that statute doesn’t define “serious injury,” it generally means the victim had to seek medical treatment.
Assault with a Deadly Weapon
If you assault another person with a deadly weapon, you may receive a Class A1 misdemeanor. However, if you intended to kill another or inflict serious injury on them with a weapon, you can face felony charges.
A deadly weapon is considered to be anything that can cause serious injury or death. This includes items like guns, knives, or even a baseball bat.
Sometimes, who you perpetrate assault against can influence your charge. For example, simple assault can become a more serious misdemeanor charge when perpetrated against certain people, such as a child under age 12, a state employee on official business, or a school employee on school property.
Assault Against Sports Officials
It’s also considered assault to threaten a sports official such as a coach, umpire, or referee. Doing so can result in a Class A1 misdemeanor.
Is It Battery?
Remember, assault can be charged in North Carolina when you threaten another person and put them in fear for their safety. If you make physical contact with them while assaulting them, you may also face battery charges.
No Assault Case in North Carolina Is “Simple”
In fact, assault cases can be quite complicated. Why? Because many different details impact them.
If you find yourself facing even misdemeanor assault charges, it’s a good idea to ensure that you consult with an experienced attorney about your case. After all, a conviction will stay on your criminal record forever and can impact many aspects of your life.