If you have been charged with assault, we think it’s a good idea to seek legal counsel right away.
Assault is a serious crime that can carry substantial penalties and long-term consequences.
But what is considered assault in North Carolina?
- Are fights considered an assault?
- What is an affray?
- How is Assault on a Female different from Simple Assault?
Without an attorney, you may not know your rights or what to expect during the criminal justice process.
In this blog post, we will discuss assault charges in Raleigh, which is in Wake County, NC, and why we think it is crucial to have a lawyer on your side.
The attorneys at our law firm have substantial experience helping clients with both misdemeanor and felony assault charges – John Fanney, Raleigh Criminal Defense Lawyer
We provide a free consultation for criminal charges in Wake County.
How do criminal defense lawyers help?
An experienced criminal defense lawyer will know the ins and outs of the criminal justice system.
They can investigate your case, challenge evidence, and negotiate with prosecutors.
An experienced lawyer, one with years of practical courtroom and trial experience, will also be able to advise you on whether or not to enter a plea.
If you’re looking for an assault lawyer in Raleigh, we are here to help – John Fanney, Defense Attorney
What are the possible consequences of an assault conviction?
In North Carolina, there are different types of assault charges.
Some allegations of assault and battery are considered misdemeanors. There are also felony assaults in North Carolina.
Assault on a Government Official is ordinarily a misdemeanor punishable by up to 150 days in jail.
There are also instances when what normally might be a misdemeanor assault may be indicted as a felony.
For example, if the alleged assault results in the infliction of serious bodily injury or the intent to kill, that type of case may very well be prosecuted as a felony in Wake County NC.
Assault on a Female (AOF) is also a type of misdemeanor assault, but if convicted you could be sentenced as a Class A1 misdemeanor. That’s the highest class misdemeanor offense in North Carolina.
And like Assault on a Government Official (Government Official Assault) and Assault with a Deadly Weapon, AOF carries a possible maximum period of incarceration of 150 days.
There is even a type of assault charge in NC known as a habitual misdemeanor assault.
If you’re charged with assault on a law enforcement officer, assault with a deadly weapon inflicting injury, or assault on a female, we strongly recommend you immediately establish an attorney client relationship – John Fanney, Criminal Defense Attorney
Are fights considered an assault?
What is an affray?
An affray is a public fight between two or more people in which the participants reasonably appear to endanger themselves or others or cause a breach of the peace or public disturbance.
Some people might also call that a “melee.” If you are charged with an affray, it is a Class 2 misdemeanor in North Carolina.
That’s that same class offense as Simple Assault in NC. As such, the potential punishment for an affray conviction is the same.
You could be sentenced to up to 60 days in jail, although it’s also possible to get probation and a fine.
Is Assault on a Female different?
In North Carolina, Assault on a Female involves an alleged victim who is a female and the alleged perpetrator is a male who is 18 years old or older.
Assault on a female by another female is classified as simple assault. Similarly, assault on another male by another male is also deemed simple assault.
Assault on a female with a deadly weapon inflicting serious injury or by strangulation may be classified as a felony offense.
What is a Deadly Weapon?
A deadly weapon is not just a gun. It can be any object that is used in a way that could reasonably cause serious bodily injury (immediate physical injury) or death.
For example, a chair, a baseball bat, or even a car could be considered a deadly weapon if used to assault someone.
As you likely understand assault crimes, such as assault with a deadly weapon and a serious injury assault are serious criminal offenses.
Judges, criminal defense lawyers, and prosecutors pay particular attention to violent crimes, deadly weapon assault, and those resulting in physical injury.
If you have been charged with assault in Raleigh, it is important to contact an experienced criminal defense lawyer right away.
At The Fanney Law Firm, we have helped many clients facing assault charges in Raleigh and Wake County NC.
We understand the serious consequences you are facing. We provide an aggressive criminal defense to your charges and work defend your rights and freedom – John Fanney, Raleigh Assualt Lawyer
Call us today at: 919-617-7009
What is Simple Assault in North Carolina?
Simple assault in North Carolina is a misdemeanor offense that can be punished as a Class 2 misdemeanor.
The crime is defined as an unlawful attempt to physically injure someone, or intentionally causing injury through offensive touching.
Simple assault does not require the use of a weapon and can be charged even if the victim was not seriously injured.
Punishments for a simple assault charge in NC vary from relatively minor imposition of fines and court costs, to probation, including supervised probation, to even substantial time in jail.
A lot depends on the fact pattern and your prior criminal history or record, if any.
If serious injury is alleged, the Court may Order restitution for medical diagnoses and treatment.
A serious injury assault may also subject the person accused of the crime to civil liability for damages.