Assault & Battery in North Carolina: What You Need to Know
Assault and battery are serious criminal offenses in North Carolina that can lead to severe legal consequences. If you or a loved one is facing these charges, understanding the law and your legal options is crucial. Bourlon and Davis P.A. is here to help protect your rights and build a strong defense.
What Are Assault and Battery?
- Assault is the attempt or threat to physically harm another person, creating a reasonable fear of imminent harm.
- Battery refers to the actual unlawful physical contact or harm inflicted on another person. In North Carolina, battery is typically included under assault charges.
There are several types of assault charges in North Carolina, including:
- Simple Assault – A misdemeanor charge involving minor physical contact or threats.
- Assault Inflicting Serious Injury – A more severe charge if the victim suffers significant harm.
- Aggravated Assault – An assault involving a deadly weapon, intent to kill, or other aggravating factors.
- Domestic Assault – Assault involving family or household members, which may carry additional penalties.
How Are Assault and Battery Charges Determined?
Law enforcement and prosecutors determine charges based on:
- Eyewitness Testimony – Statements from the victim or bystanders.
- Medical Reports – Evidence of injuries sustained.
- Surveillance Footage – Video recordings of the incident.
- Intent and Circumstances – Whether the assault was intentional, provoked, or involved self-defense.
Consequences of an Assault Conviction
The penalties for assault and battery in North Carolina vary depending on the severity of the offense:
- Simple Assault – Class 2 misdemeanor, punishable by up to 60 days in jail and fines.
- Assault Inflicting Serious Injury – Class A1 misdemeanor, with potential jail time of up to 150 days.
- Felony Assault (e.g., with a deadly weapon or intent to kill) – Can result in years of imprisonment, depending on the circumstances.
- Domestic Violence Convictions – May include protective orders, mandatory counseling, and loss of firearm rights.
How Bourlon and Davis P.A. Can Help
If you are facing assault or battery charges, you need a strong legal defense. The experienced attorneys at Bourlon and Davis P.A. can:
- Analyze the evidence and identify weaknesses in the prosecution’s case.
- Argue self-defense or defense of others if applicable.
- Challenge witness statements and conflicting testimonies.
- Negotiate plea deals to reduce charges and penalties.
- Represent you in court to fight for the best possible outcome.
A conviction can impact your freedom, reputation, and future. Contact Bourlon and Davis P.A. today for a consultation and let us help you defend your rights.