Stanley Assault Lawyer

Stanley Assault Attorney

Whether you are guilty or innocent, being accused of assault can be an overwhelming thing to experience. The legal terminology, protocol, and penalties can be confusing, and you can feel like no one has your back. Hiring a Stanley assault lawyer can be your key to getting your charges dropped and your name cleared.

You deserve a fair trial, and having an experienced criminal defense lawyer in Stanley advocating on your behalf can only strengthen your case. Not only will they craft a compelling case, they will analyze data and protect you from abuse in the courtroom.

What Counts as Assault in the State of North Carolina.

Stanley, North Carolina, is a relatively safe place, but this does not mean that violent crime never occurs. In 2021, the overall violent crime rate was 222.7 per 100,000 people. Assault creates the expectation for violence, as one commits an intentional act that causes another person to fear physical harm or unwanted contact. Physical contact is not required in order for it to be classified as an assault, but it often transpires. There are different categories that assault charges are sorted into, and they are as follows.

• Simple assault: Simple assaults occur when an individual intends to cause fear in others but does not actually commit a physical act of violence. It is usually a case of attempted assault and is fairly common. It is classified as a Class 2 Misdemeanor.
• Assault and battery: People often use “assault” and “battery” interchangeably, but they do mean different things. Assault is the attempt or threat of unwanted or harmful physical contact, and battery is the actual occurrence of it.
• Assault where serious bodily harm is inflicted: When an injury that causes severe pain, results in long-lasting impact, or requires medical attention occurs due to the intentional act of another individual, it is considered assault with serious bodily harm. Punishment will be decided based on what kind of intentionality was exhibited, as well as the kind of injury that resulted from the assault.
• Assault with a deadly weapon: When an individual is threatened or harmed with a gun, knife, or anything else considered to be a “deadly weapon,” it is classified as assault with a deadly weapon and can lead to steeper punishment if you are convicted. The class you are charged with can vary based on whether or not you were attempting to kill the victim.
• Assault by strangulation: Assault by strangulation occurs when one is intentionally trying to prevent proper breathing or the circulation of air in another individual’s body.
• Assault on specific individuals: Attempted or actual assault on certain roles and demographics can lead to elevated charges, such as assaulting minors, police officers, those with disabilities, emergency medical personnel, or government officials.

What Are Some Defenses Against Assault Charges in North Carolina.

There are several common defense arguments against assault charges, such as self-defense or defense of others. Here is an example of each.

• Self-defense: You are walking alone when someone tries to mug you. In order to throw them off and escape, you threaten violence and then pull your gun on them. Approximately 45.8% of North Carolina homes possess a firearm, and the United States Constitution protects your right to legally own a gun. The would-be mugger runs away. This can be considered self-defense, and your legal representation would be able to make a compelling case that your charges should be dropped.
• Defense of others: You are out with a friend at a bar and a stranger is aggressively making passes at your friend despite their repeated refusal. The stranger gets frustrated and grabs your friend. Perhaps you threaten to hit them if they do not let go of your friend. Due to the reason you made the threat, your legal counsel will be able to show the court that you are not a true threat, but that you were looking out for your friend.

There are many other defenses you can make against assault charges, and a skilled lawyer will be able to help you decide which ones are most suitable for your unique case. This is one of the ways you will benefit from hiring an assault lawyer, as their knowledge of legal workings will enable them to present you in a positive light regardless of your charges.

FAQs About Stanley, NC Assault Lawyer

Can You Sue For Assault in North Carolina?

Yes, in the state of North Carolina, you can sue for assault, putting the case in both criminal and civil court. While a criminal court can impose monetary fines and jail time on the accused if they are found guilty, a civil court may lead to financial fines only.

What Three Elements Must be Present to Prove That an Assault Occurred?

In order to build a case of assault, there are three elements required:

• Intent. The accused must have the intent to cause physical harm to the victim.
• Comprehension. The victim must have a reason to be afraid.
• Contact. There must be actual or attempted physical harm to the victim.

Q: How Much Does an Assault Defense Lawyer Cost in North Carolina?

The price of an assault lawyer in the state of North Carolina tends to vary. The complexity of your case, the length of your trial, and your chosen lawyer are all factors that can contribute to the final cost of hiring an assault lawyer. The Law Firm of Brent D. Ratchford is ready to help you, and we will start by gifting you a free consultation.

Can Assault Charges be Dropped in North Carolina?

There are reasons that assault charges may be dropped in the state of North Carolina. If the prosecution does not have enough evidence, decides that the assault occurred due to self-defense, or finds that the case was mishandled, they will most likely be forced to drop the assault charges.

How Much is an Assault Charge in North Carolina?

In the state of North Carolina, the financial fine and/or jail time owed by an individual convicted of assault differs based on several different aspects. Here are a few examples:

• The kind of assault committed
• Whether or not weapons were used
• Who the victim of the assault was

Get Representation Today

Being accused of assault is a terrifying and confusing experience. Fortunately, The Law Firm of Brent D. Ratchford is ready to come to your defense. There are lawyers ready to take on your case, help you build a strong defense, and work alongside you to achieve an optimal outcome. Contact us today for a free consultation.