Carteret County Violent Crime Attorneys
What is Simple Assault and Battery in North Carolina?
According to N.C. Gen. Stat. Ann. § 14-33, North Carolina generally charges crimes of simple assault, assault and battery, and affray as Class 2 misdemeanors punishable by probation and 1-30 days in jail. If the defendant has prior convictions, the sentence could extend to 60 days in jail and up to $1,000 in fines. A violent offense is usually considered a simple assault or assault and battery under this statute if the alleged victim suffered minor injury only that would not require medical attention.
At Cummings & Kennedy Law Firm, PLLC, we have a unique legal team equipped to handle every angle of your case. Attorney Joe Kennedy brings years of former prosecution experience to his leadership of the firm, and he also has 3 NC board-certified paralegals on board to assist your case from the office to the trial room. We also have a special investigative agent of the state who can provide crucial medical and legal insight about the circumstances of your case. With such a dynamic and unique team, you can trust that we will put our all into arguing for reduced or dismissed charges as best we can.
Assault with Serious Injury
The penalties for assault that inflicts serious injury is more serious at the Class A1 misdemeanor level, according to N.C. Gen. Stat. Ann. § 14-33. A serious injury in this context is generally any injury that could require medical attention. An individual convicted of Class A1 misdemeanor assault could face probation, supervised probation, or a jail sentence of 1-60 days (up to 150 days for those with prior convictions), as well as fines set by the judge.
Assault with a Deadly Weapon
N.C. Gen. Stat. Ann. § 14-33 states that assault involving a deadly weapon is also a Class A1 misdemeanor punishable as above. A deadly weapon, while not explicitly defined in the statute, is any object that could be used to kill another person, including guns, knives, and blunt objects.
Assault Against Special Victims
North Carolina law also specifies certain victims who may elevate a defendant’s charge from simple assault (Class 2 misdemeanor) to a Class A1 misdemeanor.
In particular, N.C. Gen. Stat. Ann. § 14-33 identifies the following individuals as these special victims:
- women (when the defendant is male and over 18 years old) and children under 12 years old;
- state employees or officers, public transit operators, and campus or private security officers if the assault occurs while these individuals are acting in their official or employment capacity; and
- a public, private, or charter school employee or volunteer who is on school property, during a school event, or transporting children to or from school.
Another important type of violent crime is domestic violence. As defined by N.C. Gen. Stat. Ann. § § 14-33, 50B-1, domestic assault is one that inflicts serious injury against someone with whom the defendant has a personal relationship (spouses, children, grandchildren, ex-spouses, family members residing together, romantic partners).
Domestic violence is charged as a Class A1 assault and battery misdemeanor. In addition to the standard Class A1 penalties listed above, individuals convicted of domestic violence who have prior convictions could face an increased minimum jail sentence of 30 days.
Let a Powerhouse Team of a Former Prosecutor and 3 NC Board-Certified Paralegals Defend You
If you have been charged with a violent crime in Carteret County, contact our team at Cummings & Kennedy Law Firm, PLLC for legal support. Our practice focuses exclusively on defending clients against harsh or wrongful accusations, so you can trust us to handle your case with diligence, professionalism, and skill. Whether you have been charged with simple assault or domestic violence, we will do our best to argue for mitigated or even dismissed charge, if possible.
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