Tuesday, May 3, 2016

Types of Assault Charged in the State of North Carolina

There are three general categories of assault recognized by the state laws governing North Carolina: Assault and battery that result in physical injury, assault that has the intent to harm someone else and affray (fighting in a public place). This is when there is a fight between two or more people in a public place that is likely to scare people in the immediate area.

Class 2 Misdemeanor Assaults

Simple assaults are usually charged as Class 2 misdemeanors. These are situations where the accused threatens someone else with bodily harm in a believable way. This means that he has the immediate capacity to do the threat. It can involve physical contact that did not cause serious injury that required the attention of a medical professional.

The guilty party cannot be punished with jail time unless they have some prior record. If jail is an option, the individual can receive between one and sixty days.

Class A1 Assaults

In North Carolina, when one is charged with Class A1 assault, it means that the offender has committed an assault that is more serious than a simple assault. Some of the assaults categorized as Class A1 include assault on a female, assault with the use of deadly weapon and sexual battery. If found guilty, one can spend up to 150 days in jail if they have a prior criminal record.

Anything more serious than this level of misdemeanor is considered a felony.

To understand more about punishment provisions and how one can be accused of, and defend against, allegations of assault and battery, contact any one of our criminal assault lawyers at Kurtz & Blum.

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