Introduction
Facing an assault charge in North Carolina can be overwhelming. Whether you’re accused of a simple altercation or a violent offense, it’s essential to understand how the law defines assault, the penalties involved, and your rights during the legal process.
North Carolina takes assault seriously, and consequences can range from a minor misdemeanor to a life-altering felony. This guide breaks down the types of assault charges in NC, how they’re classified, and what you need to know to protect your rights.
What Is Assault Under North Carolina Law?
Unlike some states, North Carolina does not have a single statute for “assault.” Instead, it includes various criminal charges under the umbrella of assault, including:
- Simple Assault
- Assault Inflicting Serious Injury
- Assault with a Deadly Weapon
- Assault on a Female
- Assault by Strangulation
- Assault on a Government Official or Child
Under North Carolina law, assault is broadly defined as:
- An attempt to physically injure another person
- A show of force indicating an ability to injure, causing fear of imminent harm
- Actual physical contact resulting in harm
This means you can be charged even if no injury occurred, depending on your actions and the perceived threat.
Misdemeanor vs. Felony Assault in NC
Misdemeanor Assault
The majority of assault cases in North Carolina are classified as misdemeanors, especially if there are no aggravating factors or serious injuries.
Common types include:
- Simple Assault – Attempting or threatening to cause harm
- Assault on a Female – If the male offender is over 18 and the victim is a female
- Assault on a Child or School Employee
- Assault Involving Minor Injuries
Penalties may include:
- Up to 150 days in jail
- Community service
- Probation
- Fines
- Anger management or counseling programs
The exact penalty depends on prior convictions and the specific circumstances of the case.
Felony Assault
When an assault involves a weapon, significant injury, or certain protected classes of victims, it may be charged as a felony.
Felony examples include:
- Assault with a Deadly Weapon with Intent to Kill (AWDWIK)
- Assault Inflicting Serious Bodily Injury
- Assault by Strangulation
- Habitual Misdemeanor Assault (after prior convictions)
Felony penalties may include:
- Multi-year prison sentences
- Loss of firearm and voting rights
- Permanent criminal record
- Probation and parole supervision
- Registration in law enforcement databases
How Prosecutors Decide Which Charges to File
Prosecutors evaluate multiple factors to determine the severity of the assault charge:
- Was a weapon involved?
- Did the victim suffer serious bodily injury?
- Was the assault intentional or reckless?
- Is the accused a repeat offender?
- Who was the victim? (e.g., child, elderly, law enforcement)
A minor altercation may result in a misdemeanor. However, the same event can escalate into a felony if one or more aggravating factors are present.
Defenses to Assault Charges in North Carolina
If you’ve been charged with assault, you are not automatically guilty. Several legal defenses may apply, depending on your situation:
Self-Defense
One of the most common defenses. If you used force to protect yourself from imminent harm, and the force used was reasonable, it may be justified.
Defense of Others
Similar to self-defense, you may be legally justified in using force to protect another person.
Consent
In certain cases (like sports or mutual fights), the other party may have consented to the risk of physical contact.
False Accusations or Mistaken Identity
Assault cases often hinge on witness testimony, which can be unreliable or biased. Establishing that the accusation is false or that you were misidentified can be powerful.
Assault Charges and Domestic Violence in NC
Assault that occurs between household members, romantic partners, or family members may also be charged under domestic violence laws in North Carolina.
This can lead to:
- Protective Orders (50B Orders)
- Immediate arrest without a warrant
- Custody and visitation complications
- Restrictions on owning firearms
Domestic assault charges are treated with heightened seriousness. If you’re accused in a domestic context, your legal situation may be more complex and urgent.
What to Expect After an Arrest
Here’s a general timeline of what happens after you’re charged:
- Arrest and Booking – May involve overnight jail and initial bond hearing
- Arraignment – Charges are formally read, and you enter a plea
- Discovery – Your attorney gathers evidence and evaluates the case
- Negotiation or Trial – Possible plea deal or full court trial
- Sentencing – If convicted, penalties are imposed by the judge
The earlier you get legal representation, the more likely you are to reduce or dismiss charges before trial.
Long-Term Consequences of an Assault Conviction
A conviction can affect your life for years. Even a misdemeanor assault on your record may make it difficult to:
- Get a job
- Apply for housing
- Own a firearm
- Receive custody in family law cases
Felony convictions may result in loss of civil rights, longer prison sentences, and limitations on travel, licenses, or education.
If you’re a non-citizen, assault charges can even result in deportation or denial of a green card.
Why You Need an Experienced Defense Attorney
Assault cases are serious, and the outcomes often hinge on legal nuance, credible defense, and case strategy. At Martine Law, our team has experience with both misdemeanor and felony assault charges throughout North Carolina.
We work to:
- Examine police reports and witness accounts
- Secure video or physical evidence
- Identify constitutional violations
- Negotiate with prosecutors
- Prepare for trial if necessary
The goal is not just to defend you — it’s to preserve your freedom and future.
Schedule your consultation now and speak with a defense attorney who will advocate for your rights.