What To Expect If You’re Charged With Simple Assault in North Carolina? 2024

Though they are simple, assault accusations have important legal ramifications. Whether you were involved in a tiny fight or a verbal misunderstanding, you should know what to expect if you’re charged with simple assault in North Carolina. Your personal life, job possibilities, and even your freedom could all be seriously disrupted by this charge. Knowing your rights and the stages involved can help you be more ready to negotiate this difficult circumstance.

If you are facing simple assault charges, consulting a criminal defense attorney in Gastonia can be crucial. An experienced defense lawyer can guide you through the legal proceedings, advocate for your rights, and work to achieve the best possible outcome in your case, whether through negotiations or a strong defense strategy in court.

Simple Assault in North Carolina

North Carolina defines simple assault as verbally intimidating or threatening physical violence upon another individual to the point they feel physical harm may be imminent. Unlike more severe assault charges, such as aggravated assault, simple assault usually does not require the infliction of major injury or the employment of a lethal weapon. It can, however, involve physical contact with another individual.

While verbal threats could be instigating a fight or threatening harm to another individual, physical actions could include pushing, shoving, or slapping someone in the middle of a furious disagreement. Still, a simple assault prosecution could be justified even from a verbal threat causing someone to fear immediate harm.

The Legal Procedure for an Assault Charge

Should you be accused of simple assault in North Carolina, the legal procedure usually starts with your arrest or receipt of a criminal summons. You will need to appear in court for an arraignment, during which the charges against you are formally presented, and you will have the chance to enter a plea. Charges for simple assault are a class 2 misdemeanor.

Working with your attorney, you will enter a plea based on the circumstances of your case. Your attorney will help you determine what course of action you should take while working to have your case dismissed or your charges reduced. In some cases, you may be able to reach a plea agreement.

To reach such an agreement, your counsel will negotiate with the prosecution. Should no consensus be reached, your matter can go to trial, in which case both sides would plead their case before a judge or jury using facts. You are entitled to legal representation during the entire legal process. Enacting this right should be done after your arrest, preferably before you submit to any questioning from law enforcement.

Simple Assault Penalties

Class 2 misdemeanors for simple assault in North Carolina carry penalties including fines, probation, community service, and perhaps jail time. Your criminal past and the particular facts of the case will mostly determine the penalties you could face. Repeat offenders may be subjected to greater penalties than those facing a first-time charge.

Jail terms for a Class 2 misdemeanor, such as simple assault, could run from one to sixty days. Many times, especially for first-time offenders, courts could choose alternative penalties, including probation or anger management programs. Still, aggravating circumstances, such as attacking an elderly person, child, or public servant, may result in higher fines.

To understand the penalties you could be subjected to, speaking with your attorney about the circumstances of your case can help gain insight into what you are facing.

Common Defense Strategies

While there is no one-size-fits-all approach to defending simple assault charges, there are a variety of defenses that you and your lawyer may use to help defend you from such charges. The particular facts of your case will determine the course of action your attorney decides upon. Typical defenses against simple assault allegations include:

• Self-defense: This may be an effective defense if you move to shield someone else or yourself from injury. North Carolina law lets people protect themselves with reasonable force in circumstances when they feel they are at immediate risk.
• Accidental assault: Sometimes, the defense may contend that the assault was accidental and that there was no intention to injure or frighten the victim.
• Consent: One could utilize this as a defense if the claimed victim approved of the acts leading to the assault charge. Cases involving mutual combat more often show this.
• False accusations: Some assault cases could be intended to hurt the character of another person, such as a couple that is approaching a divorce. This could also include cases of mistaken identity.

No matter what the circumstances of your case are, be sure to discuss your options with your attorney to create a plan that works for your case.

FAQs About What Simple Assault in North Carolina

Can You Drop Simple Assault Charges in NC?

According to North Carolina crime rate, it is not solely up to the victim to drop simple assault charges. Once charges are filed, the decision to drop them lies with the prosecutor. While a victim’s desire to drop charges may influence the prosecutor’s decision, the state can still pursue the case if there is sufficient evidence to support a conviction. Your attorney will work to have your case dismissed before it heads to trial.

What Is The Bond For Simple Assault in NC?

The bond for simple assault in North Carolina varies based on the circumstances of the case and the defendant’s criminal history. It might be any of the common crimes in North Carolina. Sharing the circumstances of your crime with your attorney will help you better understand the bond you could be facing. The court, however, will ultimately decide the bond amount that you will be asked to pay. More serious cases or those with aggravating factors may result in higher bond amounts as opposed to more minor criminal actions.

How Long Does an Assault Charge Stay on Your Record in NC?

An assault charge in North Carolina can stay on your record indefinitely unless it is expunged. If you are convicted, the charge remains on your criminal record permanently. However, if your case is dismissed or you are acquitted, you may be eligible for expungement, which can remove the charge from your record. Your attorney will discuss your available options should you be convicted of simple assault.

What Is The Offense Code for Simple Assault in NC?

The offense code for simple assault in North Carolina is statute 14-33(a) under state law. This statute outlines the definition and penalties associated with simple assault. Using the information in this statute, you and your attorney will work together to build a defense strategy that is right for the circumstances of your case.

North Carolina Simple Assault Lawyer

Being charged with simple assault can be a difficult experience. An attorney at The Law Firm of Brent D. Ratchford can help. Contact us today for more information on simple assault charges and how they could impact you and your future.