Category: Assault

Assault is a serious criminal offense that can be punishable by jail time and will leave offenders with a criminal record of violent crime.

In North Carolina, there are three general types of assault charges, including assault, assault and battery, and affray. Aggravating factors, such as the involvement of a weapon or causing the victim serious bodily injury, can lead to enhanced sentencing and penalties.

Below, we are going to review the different types of assault that are covered by North Carolina law, and the criminal penalties you could incur if convicted.

Assault

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Assault charges are serious across the country, but in North Carolina, most assault charges are only classified as misdemeanors. There is one big exception, though: assault with a deadly weapon.

Assault with a deadly weapon is a felony offense that threatens over a year behind bars, the temporary loss of your right to vote, and the temporary loss of your right to own firearms. Felony charges are serious, and can put a nasty stain on your criminal record.

If you are charged, however, it doesn’t necessarily mean that you will be convicted and [...]

A North Carolina woman has been charged with assault and possession of a weapon on school grounds after what she felt was an attempt to defend her son from bullying.

The woman, 32-year-old Olga Cortez, followed her son’s school bus into the middle school parking lot, where she allegedly confronted two teens, who she said had been bullying her son for months. One of the teens allegedly assaulted Cortez, and she reportedly took out a knife and began brandishing it in the air.

Ms. Cortez has been charged with three counts of assault [...]

Even though North Carolina lawmakers define assault differently from assault and battery, they are charged the same way. Below, we will describe the difference between the two, along with the penalties for these charges, and defenses that can be used to fight back against them.

Assault in North Carolina

Under North Carolina law, a charge of assault applies when an attempt is made to commit assault and battery, or an offender uses a show of force to demonstrate that assault and battery is imminent. In other words, assault is essentially threatening to use [...]

In our state, we have three main types of assault offenses:

  • Assault and battery: causing physical injury to another person
  • Assault: attempting to commit an assault and battery, or showing force that implies an assault and battery is forthcoming
  • Affray: a fight between two or more people that frightens others

While assault is generally a misdemeanor offense, there are certain factors – including the identity of the victim – that could elevate the offense to a more serious misdemeanor, or even a felony.

Let’s look at the different assault charges here in North [...]