Introduction
Assault charges in North Carolina can range from relatively minor misdemeanors to serious felony offenses. Understanding the difference between simple assault and aggravated assault — and the penalties that follow — is essential if you or a loved one is facing criminal charges.
This blog outlines the key distinctions between these two types of assault under North Carolina law, including definitions, legal classifications, possible penalties, and the factors that influence sentencing.
What Is Considered Assault in North Carolina?
In North Carolina, the term “assault” can refer to any attempt or threat to inflict harm on another person. It doesn’t always require physical contact. For example, raising a fist or lunging at someone aggressively may be enough to result in an assault charge.
Assault charges generally fall into two broad categories:
- Simple Assault (Misdemeanor)
- Aggravated Assault (Often Felony)
Each has different legal consequences based on the circumstances of the case.
What Is Simple Assault?
Simple assault is the most basic form of assault. It typically involves either:
- A physical threat of violence
- A minor physical altercation without serious injury
- Unwanted physical contact, such as pushing or slapping
Under North Carolina General Statute § 14-33, most simple assault offenses are classified as Class 2 misdemeanors.
Penalties for Simple Assault in NC
Penalties for a Class 2 misdemeanor can include:
- Up to 60 days in jail
- Community service or probation
- Fines up to $1,000
- Mandatory anger management or counseling programs
For first-time offenders with no prior criminal history, jail time may be suspended in favor of probation. However, a conviction will still appear on your criminal record and can affect future job opportunities or housing.
What Is Aggravated Assault?
Aggravated assault involves more serious circumstances and greater harm or potential harm to the victim. It often includes:
- Use of a weapon (knife, gun, blunt object)
- Assault resulting in serious bodily injury
- Assault against certain protected classes (e.g., law enforcement, elderly, disabled persons)
- Assault during the commission of another crime (such as robbery or burglary)
Aggravated assault is usually charged as a felony and can fall into different felony classes depending on the specific situation.
Common Types of Aggravated Assault in NC
- Assault with a Deadly Weapon – With intent to kill or cause serious injury
- Assault Inflicting Serious Bodily Injury – Where the victim suffers lasting harm
- Assault on a Female (by a male over 18) – Elevates the charge
- Assault on a Government Official – Includes police, EMTs, teachers
- Assault by Strangulation – Recognized as a specific felony offense
Each of these may result in felony charges ranging from Class E to Class H felonies, depending on the level of injury, weapon used, and intent.
Penalties for Aggravated Assault
Penalties for aggravated assault depend on the felony class. Here’s a general breakdown:
| Felony Class | Maximum Penalty |
| Class E Felony | Up to 88 months in prison |
| Class F Felony | Up to 41 months in prison |
| Class H Felony | Up to 25 months in prison |
Additional penalties may include:
- Mandatory prison sentences for repeat offenders
- Loss of civil rights (voting, firearm ownership)
- Probation, fines, restitution to the victim
The court will also consider your prior criminal record, the severity of the injuries, and whether the assault was intentional or reckless.
How the Court Distinguishes Simple vs. Aggravated Assault
Several factors determine whether an assault charge will be considered “simple” or “aggravated,” including:
- Use of a Weapon: Even threatening with a weapon can elevate the charge
- Severity of Injuries: Minor bruises vs. broken bones or permanent damage
- Intent: Did you intend to kill, harm seriously, or intimidate?
- Victim Identity: Attacks on vulnerable or protected individuals carry harsher consequences
The presence of multiple aggravating factors will increase the likelihood of a felony charge and more serious penalties.
Can an Assault Charge Be Reduced?
Yes. In many cases, an experienced criminal defense attorney can work to reduce aggravated assault charges to simple assault, or even get charges dismissed.
This can happen if:
- There is insufficient evidence
- The victim does not wish to press charges
- You acted in self-defense or defense of others
- The assault was unintentional and minor
At Martine Law, we carefully review all the facts to identify the best path forward for your case.
Is Jail Time Mandatory?
For simple assault, jail time is not mandatory for first-time offenders. You may be eligible for community service, probation, or a deferred prosecution agreement.
For aggravated assault, jail time is more likely — especially if the victim suffered serious injuries or you have a prior criminal record. However, alternatives such as plea deals, diversion programs, or suspended sentences may still be possible.
Long-Term Consequences of an Assault Conviction
Whether misdemeanor or felony, an assault conviction can have serious long-term effects:
- Criminal record visible to employers and landlords
- Loss of firearm rights for felony convictions
- Difficulty obtaining professional licenses
- Social stigma and impact on personal relationships
- Deportation risk for non-citizens
This is why it’s crucial to take any assault charge seriously — even if it seems minor at first.
What Should You Do If You’re Charged with Assault?
If you’ve been arrested for assault in North Carolina:
- Remain silent until you speak with a lawyer
- Do not contact the alleged victim
- Gather any evidence or witnesses who support your case
- Avoid discussing the case on social media
- Contact a criminal defense attorney immediately
Martine Law can help you evaluate your legal options, negotiate with prosecutors, and fight for your best possible outcome.